Yahoo Finance Do I have to work a public holiday? And do I get paid extra?
Whether or not you get paid more for working a public holiday depends on a few different factors.
Christmas is upon us and with it comes a few allotted days of time off in the form of public holidays. A lot of businesses shut down completely, but there are parts of the workforce - for example, paramedics, shopkeepers, delivery drivers and bartenders - that don't get the luxury.
This year, Christmas Day falls on a Monday - a normal working day for most. So, do you have to work on a public holiday? And if you do, what's the go with penalty rates? It can be tricky because a lot of these things will depend on your individual contract or employee agreements.
But here are some general answers that could help you ask the right questions.
Do I have to work on public holidays?
The Fair Work Ombudsman states employees should be given the choice to work on a public holiday or not. This was supported by a ruling in the Australian Federal Court earlier this year.
The court declared it was unfair for an employer to command people to work on public holidays and that bosses could only request employees to do so instead. The court ruling overrides existing employee contracts.
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Fair Work states employers can request an employee to work but it has to be reasonable. A staff member can refuse if it isn't reasonable or if they have other "reasonable grounds".
When deciding if an employee will be rostered to work on a public holiday, the Fair Work Ombudsman states employers should consider:
The nature of the workplace
The role and type of work the employee does
The employee’s personal circumstances (including caring responsibilities)
Employment status (full-time, part-time or casual)
If there is an expectation the employee might be asked to work on the public holiday
Any overtime, penalty rates or other payment the employee might receive
The amount of notice provided
Any other relevant factor
Do I get paid for public holidays if I don’t work?
This will all depend on your contract but, generally speaking, employees who normally work on a day a public holiday falls should be paid their base rate for the ordinary hours even if they are taking the day off. This does not include bonuses, loadings, overtime or penalty rates.
What if I am on leave for a public holiday, do I need to take that day as leave?
That depends if it’s paid or unpaid.
If you’re sick, and you’ve taken a day off on a public holiday, that day should not be a leave day. It should be paid as a public holiday (if that’s what your contract states).
“The public holiday isn't counted as annual leave or sick leave. This means that the public holiday hours will not be taken away from the employee's amount of built-up paid leave,” Fair Work states.
But, if an employee is rostered on to work on a public holiday on a day they don’t normally work, and they call in sick, they should not get paid for that day.
What if I am on unpaid leave? Do I get public holiday pay?
An employee isn’t paid for public holidays during unpaid-leave periods, including carer’s leave, parental leave or community service leave.
If you’re on long service leave, you’d need to check your state or territory's long-service-leave legislation. If you’re on unpaid parental leave and taking annual leave, you won’t be paid for the public holiday.
If I work a public holiday, am I entitled to penalty rates?
That will depend on your award, enterprise agreement or other registered agreement. They generally stipulate what entitlements you could get for working a public holiday.
If in doubt, you can ask your human resources department or payroll.
Some entitlements include:
Extra pay, like public holiday rates
An extra day off or extra annual leave
Minimum shift lengths on public holidays
Agreeing to substitute a public holiday for another day.
You can find out more about your award wage here.
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