FAQ: Can my employer make me work on a public holiday?

This is a very common question, especially around long weekends. The short answer is: sometimes they can, but only if certain conditions are met.

The key legislation impacting whether you have to work on a public holiday is the Holidays Act 2003.  Under this Act, your employer can require you to work on a public holiday only if that day would otherwise be a working day for you.  That means:

• If you normally work Mondays, and the public holiday falls on a Monday, you may be required to work.

• If you don’t usually work that day, your employer generally can’t make you work.

Whether it is an ‘otherwise working day’ depends on your work pattern. The law looks at things like:

• What your employment agreement says

• Your usual work schedule

• Whether you have worked that day in the past

• Any reasonable expectations between you and your employer

If it’s unclear, your employer must look at all these factors, not just decide on their own.

Your employment agreement is also very important.  Many agreements include clauses that:

• Require you to work public holidays if needed

• Set out how shifts are scheduled

• Explain expectations for flexibility

If your agreement clearly says you may be required to work public holidays (and the day is one you would usually work), then your employer is likely within their rights.  However, your employer still must act reasonably and in good faith. They can’t just impose unreasonable demands without discussion.

Workplace policies can also play a role in explaining how public holiday work is arranged, setting expectations about availability, and outlining rostering processes.  But policies cannot override the law or your employment agreement.  For example:

• A policy cannot force you to work on a day that is not an 'otherwise working day'

• A policy cannot remove your legal entitlements under the Holidays Act

If you do work on a public holiday, you are entitled to:

• Time and a half pay.   You must be paid at least 1.5 times your normal pay for the hours you work.

• An alternative holiday (day in lieu).   If the public holiday is an otherwise working day for you, you also get a paid day off later.

If you don’t want to work on a public holiday, you may be able to refuse if:

• The day is not an otherwise working day, 

• Your agreement does not require public holiday work, and/or

• Your employer is being unreasonable.  

However, if the day is one you usually work, and your agreement allows for it, then refusing to work could lead to disciplinary issues.  If you’re unsure, it’s best to check your employment agreement, ask your employer for clarification and get advice before refusing outright.  

In summary, your employer cannot automatically make you work on a public holiday unless it’s a day you would normally work, and your employment agreement supports it.  Workplace policies may guide the process, but they don’t override your legal rights.  If in doubt, it’s worth getting advice, get in touch with Mathews Walker today for a free consultation.  MathewsWalker.co.nz | 0800 612 355

Online Form

Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.