By Amanda Curatore & Sam Jones

• If one of the Easter public holidays falls during a period my employee is on annual leave, do I have to pay them extra?
• Can a staff member take annual leave during the school holidays?
• What do I need to pay my employees who work on a public holiday?

While chocolate is a certainty during the Easter-to-Anzac-Day period, there are a few aspects of public holidays which make things uncertain and inconsistent between the states – creating extra effort for employers.

Luckily, HR Assured has prepared this cheat sheet guide to Easter, Anzac Day and school holidays in each state and territory so you can keep your mind focused on running a business.

1. What are the Easter public holidays for 2023 in Australia?

Term 1 school holidays

Many of your employees will have kids and are likely to request time off work during the school holiday period. If an employee has the care or responsibility of a child who is school age or younger, then pursuant to the Fair Work Act, they may have a right to request a flexible working arrangement during the school holiday period, which an employer can only refuse on reasonable business grounds. In addition, if an employee makes a request for flexible working arrangements, there are positive obligations an employer must satisfy, including consulting with the employee, and failure to do so may result in significant fines and penalties. If you receive a flexible working request from an employee to later their hours during school holidays, make sure you contact HR Assured so we can step you through each and every obligation you are required to satisfy when responding to such a request. The school holiday dates for each State and Territory are listed below:

2. When does Anzac Day occur in 2023 in Australia?

Tuesday 25 April, in all states and territories.

3. How are public holidays paid?

You must pay a permanent employee their base rate of pay if they are absent for their ordinary hours of work on that day. This is known as a ‘public holiday not worked.’ An employee’s base rate is the rate of pay payable to the employee for their ordinary hours of work, excluding the following payments:

• incentive-based payments and bonuses;
• loadings;
• monetary allowances;
• overtime or penalty rates; and
• any other separately identifiable amounts.

If your employee doesn’t have ordinary hours of work falling on the public holiday, they wouldn’t be entitled to payment. Instead, they simply get to enjoy the day like any other. However, it should be noted that as an employer you cannot temporarily alter rosters to avoid paying public holiday pay.

4. If an employee works a public holiday, what exactly should they get paid?

Incentives to work are created for some employees when public holidays come up. These penalties depend upon which modern award or Enterprise Agreement (EA) applies to the employee in question.

The award or EA will set out what public holiday rates apply for work on a public holiday, and whether employees are entitled to any additional benefits such as a guaranteed number of working hours on the public holiday.

Look at the General Retail Industry Award 2020, for example, under which permanent and casual employees are to be paid 225 per cent and 250 per cent of the minimum hourly rate, respectively.

5. An employee is on leave when a public holiday happens. How much should they get paid?

Some staff will happen to be on annual leave during a public holiday. This public holiday doesn’t count as leave. Therefore, the day should not be deducted from the employee’s annual leave balance and the employee is entitled to payment for their ordinary hours of work for that day at their base rate of pay.

6. Can I request my employee to work on a public holiday?

An employer is able to request their employee work on a public holiday, if the request is reasonable. When determining whether an employer’s request for work on a public holiday is reasonable, the following is taken into account:

1. the nature of the employer’s workplace or enterprise(including its operational requirements), and the nature of the work performed by the employee;
2. the employee’s personal circumstances, including family responsibilities;
3. whether the employeecould reasonably expect that the employer might request work on the public holiday;
4. whether the employeeis entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, work on the public holiday;
5. the type of employment of the employee(for example, whether full-time, part-time, casual or shift work); and
6. the amount of notice in advance of the public holiday given by the employer when making the request.

An employee is only allowed to refuse an employer’s request to work on a public holiday if the refusal is reasonable taking into consideration the factors listed above.

Want a low chance of error when it comes to dates, management, and budgeting salary? HR Assured is here to help

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If you’re a client and you have a question about workplace compliance, be sure to contact HR Assured’s 24/7 Telephone Advisory Service and we can keep you on the right side of the law.

Amanda Curatore is a qualified Solicitor at FCB and HR Assured. Amanda is highly experienced in providing workplace relations advice and assistance to clients in a wide range of matters including employment contracts, modern award interpretation, managing performance, bullying and harassment, terminations, and managing risk.