Public holidays are specific days recognised in the Fair Work Act 2009 and any other day or part-day declared as a holiday under state or territory laws.
Public holidays are specific days recognised by law as holidays. These include days listed in the Fair Work Act 2009, such as Christmas or Australia Day, as well as any additional holidays that individual states or territories might declare. Employees typically have the right to be absent from work on these days, with certain entitlements.
The public holidays listed in the Fair Work Act are New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, the King's Birthday (on the day it is observed in each state or territory), Christmas Day and Boxing Day, plus any other day declared by a state or territory, such as Labour Day or Melbourne Cup Day. Employees are entitled to be absent and still be paid their base rate for the ordinary hours they would have worked. You can ask an employee to work if the request is reasonable, and they can refuse if it is not. For example, an employee who usually works Mondays is paid for Easter Monday without working.
Read our guide to leave and absence.
General information only
This content is general information about Australian employment law, current at the date it was last reviewed. It does not take your circumstances into account and is not legal advice. For advice about your situation, call Employment Compass on 1300 144 002.
Last reviewed: October 2026
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