At a glance (Summary)
- Paid day off (NES): Full‑time and part‑time employees are paid their base rate for ordinary hours they would have worked on a public holiday.
- Working on a public holiday: Employers may request work, but the request must be reasonable. Employees may refuse on reasonable grounds.
- Penalty rates: If you work, overtime/penalties, TOIL or other compensation may apply under your award, enterprise agreement or contract.
- Continuity & leave: A public holiday does not break service and is not deducted from annual or personal/carer’s leave if it falls during leave.
- National vs State/Territory: The Fair Work Act sets minimum rights, while each jurisdiction sets its own holidays (plus some regional days). Check the calendar that applies to you.
This is general information, not legal advice. See “Need more help?” below.