The Easter Break and Public Holiday Obligations

What do I need to pay an employee on a public holiday?

The details of public holiday pay can vary, ranging from specified penalty rates to time in lieu or additional annual leave.

Your obligations for public holiday pay are determined by the relevant modern award or enterprise agreement and may vary based on factors like the award penalty rate and the public holiday in question.

Regarding the latter, certain industries may mandate higher penalty rates for specific public holidays (such as Good Friday).

If there is no relevant award or enterprise agreement, then public holiday “payment is subject to the terms of your employee’s employment contract.”

There are also other considerations to keep in mind, such as (in certain cases) mandated minimum shift lengths on public holidays.

While many employers will probably be familiar with penalty rates and other aspects of public holiday obligations already, it is still important to ensure that you are fully aware of the specifics and are prepared to meet these obligations.

Do employees have to work on a public holiday?

If a worker is unable or unwilling to work a public holiday, this can cause challenges in keeping a business open or fully operational. Especially if it’s a busy time of year for your business (such as a popular restaurant or café).

While employers can certainly ask employees to work on a public holiday, it is important to note that under certain conditions, an employee may be entitled to decline and take the day off.

This can depend on a number of factors, including:

• the employee’s personal circumstances, such as their family responsibilities
• whether the employee is entitled to penalty pay or additional compensation that reflects the expectation to work on a public holiday
• whether the employee works in a full-time, part-time, casual or shift work capacity
• the advance notice given by the employer in making the request
• the advance notice given from the employee if they refuse the work
• whether the employee’s existing employment contract and salary includes work on a public holiday
• whether the employee could reasonably expect the employer might request work on the public holiday

Am I still obligated to pay employees if they’re not working the public holiday?

Well, that depends on certain factors. But in many cases, the answer is yes.

Even if your business is closed for the holiday, employees (except casual employees) who normally work on the day a public holiday falls should be paid their base pay rate for the ordinary hours they would have worked.

However, if an employee does not have regular working hours on the day of a public holiday, or if they are employed on a casual basis, then they are not entitled to such payment.

It is also important to remember that an employee’s roster CAN NOT be changed to deliberately avoid paying them for a public holiday.