What are public holiday entitlements?
Public holiday entitlements give employees the right to be absent on public holidays without loss of pay, or to receive penalty rates if they work.
Under the NES, employees (other than casuals) are entitled to be absent from work on a public holiday and be paid their ordinary rate for the hours they would normally have worked. If an employee works on a public holiday, they are entitled to penalty rates as set by their award or enterprise agreement — commonly 200% to 250% of the base rate.
An employer can request an employee to work on a public holiday, but the employee can refuse if the request is unreasonable (or the refusal is reasonable). Australia has 8 national public holidays plus additional state and territory holidays. Some awards allow public holidays to be substituted by agreement.
Key facts
- •8 national public holidays: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Christmas Day, Boxing Day
- •Employees not working on the public holiday receive their ordinary pay for that day
- •Penalty rates for working on public holidays are typically 200–250% of the base rate
- •Casual employees only get penalty rates if they work — no payment if they don't
- •Employees can refuse unreasonable requests to work on public holidays
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Pay CalculatorFrequently asked questions
Can my employer make me work on a public holiday?
Your employer can request you to work, but you can refuse if the request is unreasonable or if your refusal is reasonable. Factors include the type of workplace, your role, personal circumstances, the amount of notice given, and whether you receive penalty rates.
Do part-time employees get public holiday pay?
Yes, but only if the public holiday falls on a day they would ordinarily work. If the holiday falls on a day they don't normally work, there is generally no entitlement.
General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.