FAQ: Can my employer make me work on a public holiday?
The Christmas holidays should be a time to relax, see family and enjoy a break. But what happens when your employer puts you on the roster for Christmas Day? Sometimes your employer can require you to work on a public holiday. But being open for business does not automatically give them that right. Your employment agreement and usual working days both matter.
Whether you work full-time, part-time or casually, you have rights. Here is what to check before making your Christmas plans.
Under section 47 of the Holidays Act 2003, your employer can require you to work on a public holiday only if it falls on a day you would otherwise have worked and your employment agreement requires you to work on public holidays. Both conditions must apply. A public holiday clause alone does not mean your employer can demand that you work any holiday, regardless of your usual hours.
If those conditions are not met, your employer can ask you to work, and you can agree. However, they cannot simply assume you must accept.
Different rules will apply given different types of employment.
Permanent full-time employees
Working full-time does not automatically mean you must work public holidays. For example, if you normally work Monday to Friday, Christmas Day 2026 falls on your usual Friday. If your agreement requires public holiday work, your employer may require you to work that day. If your agreement does not require it, being a full-time employee does not remove your right to decline the request. Check the wording carefully. If you are unsure what a clause means, get advice before refusing a shift.
Permanent part-time employees
Part-time employees have the same minimum public holiday rights as full-time employees. The difference is which days they would otherwise work. For example, if you regularly work Thursdays and Fridays, Christmas Day 2026 would normally be a working day for you. You could be required to work if your agreement also requires public holiday work.
If you only work Tuesdays and Wednesdays, your employer cannot require you to work Christmas Friday just because another employee is away. They can ask whether you will agree to an extra shift.
Casual employees
A genuinely casual employee generally chooses whether to accept work when it is offered. Your employer can offer you a Christmas shift, but calling you “casual” does not mean you must be available whenever needed. Once you accept a shift, do not assume you can cancel without consequences. Get advice if there is a disagreement.
Casual employees also have public holiday pay rights. If the holiday is an otherwise working day and you work, you generally qualify for an alternative holiday too. Receiving 8% annual holiday pay does not replace your separate public holiday entitlements.
Fixed-term, seasonal and shift workers
Fixed-term and seasonal employees have the same public holiday rights while employed as permanent employees. Being hired for the Christmas rush does not remove those rights.
For shift workers, check the roster pattern and employment agreement. A rotating roster may mean Christmas is an otherwise working day one year but not another.
An employer cannot take you off the roster simply to avoid paying public holiday entitlements. Where hours vary, you and your employer should consider your agreement, work history, rosters and reasonable expectations. There is no single rule that everyone must have worked the same day for a set number of weeks.
What should I be paid if I work on a public holidays?
For a date treated as your public holiday:
If you work: you must receive at least time and a half for the hours worked.
If you work and it is an otherwise working day: you generally also receive a paid alternative holiday, often called a day in lieu.
If you do not work and it is an otherwise working day: you are entitled to payment based on relevant daily pay, or average daily pay where applicable.
If you do not work and it is not an otherwise working day: there is generally no statutory payment entitlement.
Your agreement may provide better benefits. Being on a salary does not remove these minimum rights. A narrow exception to alternative holidays applies to employees hired only to work public holidays.
What if I don't want to work on a public holiday?
Raise your plans early. If you can lawfully be required to work, wanting to spend Christmas with family does not automatically give you the right to refuse. Ask about leave or a shift swap and get any agreement confirmed in writing.
If a public holiday falls during annual leave or a Christmas closedown, it must be treated as a paid public holiday when it is an otherwise working day. It should not be deducted from your annual leave balance.
If you are feeling pressured to work, ask your employer which contract clause they are relying on and why the date is an otherwise working day. Keep your agreement, rosters and messages. If you are threatened with disciplinary action, denied holiday pay or unsure whether you can refuse, seek advice promptly. At Mathews Walker, our employment advocates can help you understand your rights and address unfair treatment. Contact us to discuss your situation before a Christmas roster disagreement becomes a bigger problem.
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.
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