Public holidays are days when employees are entitled to be absent without loss of pay, or receive penalty rates if working.
Legislation: Fair Work Act 2009 s114-116 | Category: Leave
What is Public Holidays?
Public holidays are days on which employees are generally entitled to be absent from work without loss of pay, or to receive penalty rates if they work. The NES provides for 8 national public holidays (New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Christmas Day, and Boxing Day), plus any additional days declared in the relevant state or territory.
Employers can request employees to work on public holidays, but employees can refuse if the request is unreasonable or the refusal is reasonable. Employees who work on public holidays are typically entitled to penalty rates (often 200-250% of the ordinary rate) under awards and agreements.
Key Compliance Points for Employers
- Public holidays vary by state — check applicable public holidays for each location
- Substitute days may apply when a public holiday falls on a weekend
- Penalty rates for public holiday work are set by awards and agreements
- Part-time and casual employees are only entitled to public holidays if they would ordinarily work that day
- If a public holiday falls during leave, it does not count as a leave day
Frequently Asked Questions
What is Public Holidays?
Public holidays are days when employees are entitled to be absent without loss of pay, or receive penalty rates if working.
Why is Public Holidays important for employers?
Understanding public holidays helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
