With many public holidays on the immediate horizon, we wanted to take the opportunity to remind our business employee of their pay obligations and available flexibilities when it comes to public holidays.

Under the National Employment Standards set out in Section 114 of the FAIR WORK ACT 2009 there is an entitlement to be absent from employment on public holiday.

An employee is entitled to be absent from his or her employment on a day or part-day that is a public holiday in the place where the employee is based for work purposes.

However, an employer may request an employee to work on a public holiday if the request is reasonable.

If an employer requests an employee to work on a public holiday, the employee may refuse the request if:

(a)  the request is not reasonable; or

(b)  the refusal is reasonable.

Some of the upcoming New South Wales Public Holidays include:

• Friday 15 April – Good Friday
• Saturday 16 April – Easter Saturday
• Sunday 17 April – Easter Sunday
• Monday 18 April – Easter Monday
• Monday 25 April – Anzac Day
• Monday 13 June – Queen’s Birthday

Awards, enterprise agreements and other registered agreements can provide entitlements for working public holidays, including:

• extra pay (for example public holiday rates from 200-250%)
• an extra day off or extra annual leave
• minimum shift lengths on public holidays
• agreeing to substitute a public holiday for another day.

Under the Restaurant Industry, Registered and Licensed Clubs and the Hospitality Industry Awards. There exists an additional obligation that if a rostered day off or accrued day off of a full-time employee falls on a public holiday, they still receive the benefit of the public holiday as either:

(a) an extra day’s pay; or

(b) alternative day off within 28 days; or

(c) an additional day’s annual leave.