Public holiday roster rules
The National Employment Standards give employees public holidays off, let an employer ask them to work, and let them refuse in some cases. The checks behind a request to work, and where pay for the day is set.
General information only, not legal advice. Rules differ between awards, agreements, contracts and states, and what applies depends on the employee. Check the official source, and ask a workplace relations professional when it matters.
The short answer
Under the National Employment Standards, an employee is entitled to be absent on a public holiday. An employer can request them to work if the request is reasonable, and they can refuse if the request is not reasonable or if refusing is reasonable.
An employee who is absent on a public holiday is paid their base rate for the ordinary hours they would have worked that day. What somebody is paid for working it is set by the award or agreement.
| Factor in section 114 | A question to ask |
|---|---|
| The nature of the workplace, including its operational requirements, and of the work | Does the business need to open, and is this work usually done on holidays? |
| The employee’s personal circumstances, including family responsibilities | Does the day matter to them for a reason? |
| Whether they could reasonably expect the request | Was working public holidays part of the job from the start? |
| Whether they are paid for working it | Do they get penalty rates, other compensation, or a salary that allows for it? |
| The type of employment | Full-time, part-time, casual or shift work? |
| Notice given with the request | How far ahead were they asked? |
| Notice given with a refusal | How far ahead did they say no? |
| Any other relevant matter | Anything else that changes the picture |
Official sources
Check the rule against these, in their current versions, before relying on it.
| Source | What it covers |
|---|---|
| Fair Work Act 2009 | Sections 114 to 116, public holidays and payment for absence |
| Fair Work Ombudsman: public holidays | Public holidays, being asked to work one, and where an employee is based |
| Fair Work Ombudsman: public holiday penalty rates | How award-based public holiday rates work |
Worked examples
General examples of where to look. They are not advice about any particular employee.
| Situation | What to check |
|---|---|
| A restaurant asks its team to work Christmas Day, three weeks ahead | The notice, the nature of the business and each person’s circumstances all count |
| A part-time employee who works Mondays is not needed on Easter Monday | They are paid their base rate for the ordinary hours they would have worked |
| A casual declines Anzac Day because of a family commitment | Whether the refusal is reasonable, weighed on the same factors |
Employer checklist
- Check the day is a public holiday where each employee is based for work
- Ask, with as much notice as you can, rather than simply rostering
- Weigh the factors for each person, and keep a record of the answer
- Check the award for what working the day is paid
- Pay employees who are not needed for the ordinary hours they would have worked
What Roster Flow records, and what it does not decide
- Your state’s public holidays in the roster’s calendar, with any days you add or take off
- Holiday shifts costed at the public holiday multiplier you enter
- The published roster, and every change to it with who made it and when
- Whether a request, a refusal or a number of hours is reasonable
- What working, or not working, a public holiday is paid
Review log
13 September 2026: written by Roster Flow from the structure of the National Employment Standards and modern awards.
18 September 2026: every statement on this page checked against the official sources it names, by Roster Flow. It is general information, not advice from a workplace relations professional.
What that check covers, and what to confirm for your own situation:
- The wording of the factors in section 114(4)
- Payment for absence under section 116, including for part-time employees
- That every source link opens the current version of the source
Questions
What do the rules say about public holiday rosters?
Under the National Employment Standards, an employee is entitled to be absent on a public holiday. An employer can request them to work if the request is reasonable, and they can refuse if the request is not reasonable or if refusing is reasonable.
Is there more to public holiday rosters than that?
An employee who is absent on a public holiday is paid their base rate for the ordinary hours they would have worked that day. What somebody is paid for working it is set by the award or agreement.
Does Roster Flow decide public holiday rosters for me?
No. It does not interpret an award and it does not work out what anybody is paid. Whether a request, a refusal or a number of hours is reasonable stays with the business and its own advisers, and this page is general information rather than advice about your situation.
Where do the rules on public holiday rosters come from?
Fair Work Act 2009, covering sections 114 to 116, public holidays and payment for absence. Fair Work Ombudsman: public holidays, covering public holidays, being asked to work one, and where an employee is based. Fair Work Ombudsman: public holiday penalty rates, covering how award-based public holiday rates work. Read them in their current versions before you rely on anything here, because they change.