- Published
Public holidays can quietly add another layer of complexity for businesses.
It’s not usually because employers are doing the wrong thing more often, it’s because the rules aren’t always straightforward and are easy to misinterpret when you’re managing day-to-day operations.
Not because employers are doing the wrong thing intentionally, but because the rules aren’t always straightforward.
To make things easier, we’ve outlined a few common public holiday traps we see – so you can review your processes and feel confident you’re on the right track.
Requesting to Work on a Public Holiday and Taking Another Day Off
- Some employees may request to work on a public holiday to claim the penalty rates for that day, and then take a different day off as a substitute for the public holiday.
- Employers can set clear expectations around public holidays, including how they’ll handle requests to work on these days. For example, they could require that an employee’s public holiday entitlement is not interchangeable with another day off unless it’s specifically allowed under the Award or Enterprise Agreement.
- The Fair Work Ombudsman provides guidelines on public holiday entitlements, and employers are encouraged to make sure that employees cannot unfairly claim benefits or penalty rates without working on the designated public holiday unless there’s a legitimate reason or agreement.
Helpful tip: Decide in advance how your business handles substitution requests and document it clearly. It removes pressure when the request comes in.
RDO’s and Public Holidays
- If an employee is scheduled for an RDO and a public holiday falls on that same day, they do not get paid for the public holiday unless otherwise stated in their Award or Agreement.
- If the employee chooses to work the public holiday (PH) instead of taking their RDO, then the RDO cannot be substituted for another day.
Helpful tip: Before processing payroll or agreeing to changes, take a moment to check the Award. A quick review now can prevent issues later.
Employees Taking “Sick Leave” the Day Before or After a Public Holiday
- If an employee has a legitimate illness, they’re entitled to take sick leave, but if sick leave is regularly taken around public holidays without medical documentation, it can become suspicious. Employers should ensure they have a clear sick leave policy in place and ask for medical certificates when needed.
Helpful tip: Make sure your sick leave policy clearly explains when evidence may be requested. Having this in writing makes conversations much easier if concerns arise.
Employees Taking Public Holidays Off Without Authorisation
- An employee might assume they’re automatically entitled to take a public holiday off, even if the business needs them to work, and refuse to work because they believe they have the day off.
- Employers should clearly communicate expectations for working on public holidays well in advance. If an employee refuses without a valid reason, the employer might need to make a decision about whether the refusal is reasonable.
- If employees are scheduled for a public holiday but choose not to work, determining what constitutes a ‘reasonable’ refusal can be subjective and require careful consideration of the workplace needs and individual circumstances.
Helpful tip: Treat public holiday shifts as formal requests, communicate them clearly, and document responses. It protects both the business and the employee.
A Quick Review Can Save You Stress Later
Public holiday issues usually don’t start with conflict, they start with assumptions, rushed decisions, or unclear processes.
If you’re feeling stretched (and most business owners are), this is simply a reminder to pause and review how your business handles:
- Substitution requests
- RDOs on public holidays
- Sick leave evidence requirements
- Public holiday work requests
A small check-in now can give you peace of mind before the next public holiday rolls around.
And if you’d rather not navigate it alone, getting clarity early is always easier than fixing a problem later.
Need Support?
If you need guidance or advice on public holiday entitlements, rostering, or compliance, our team of experts are here to help.
