What is Public Holiday Leave?
Public holidays are certain days gazetted by government that allow most employees to either take the day off work without loss of pay, or be paid penalty rates for working on such days.
The public holidays are as follows:
A. Each of these days:
- 1 January (New Year's Day)
- 26 January (Australia Day)
- Good Friday
- Easter Monday
- 25 April (Anzac Day)
- Queen's Birthday
- 25 December (Christmas Day)
- 26 December (Boxing Day), and
B. Any other day or part-day declared by or under a law of a State or Territory to be observed generally within the State or Territory, or a region of that state or Territory, as a public holiday by people who work in that state, Territory or region
If, under a law of the State or Territory, a day or part-day is substituted for a day or part-day that is listed above under "A" or "B" as being a public holiday, then that substituted day or part-day is the public holiday.
An employee is entitled to a day off on a public holiday, except where the employer reasonably requests the employee to work on a particular public holiday. If the employer asks the employee to work on a public holiday, the employee can refuse to work if the employer's request is not reasonable, or if the employee's refusal to work is reasonable.
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