Public Holiday I Didn't Work in Hospitality — Do I Get Paid?
Last updated: March 2026 · MA000009
If you're a permanent employee and the public holiday falls on a day you would ordinarily work — yes. Under the National Employment Standards, permanent employees are entitled to a paid day off on public holidays. If you were not required to work the holiday and it fell on a rostered day, you should receive your ordinary pay for that day.
If you're a permanent hospitality worker and public holidays are regularly deducted from your pay — this applies to you.
The rule
Under the National Employment Standards (which apply on top of the Hospitality Award):
Permanent employees are entitled to a paid day off on each national public holiday. If the holiday falls on a day they would ordinarily work:
- They receive their ordinary pay for that day
- They don't need to work to receive it
Casual employees are generally not entitled to pay for public holidays they don't work — unless the day was already rostered and then cancelled.
When things get complicated
Public holiday falls on a rotating roster day off
If you're rostered off anyway and the holiday doesn't fall on a day you'd ordinarily work, no payment applies for that instance.
Employer says your salary already accounts for public holidays
For salaried workers, this is sometimes valid — but the salary must genuinely cover all entitlements including the public holiday. If you regularly work 50-hour weeks on a salary, the "public holidays included" claim deserves scrutiny.
You were required to work the public holiday instead
If you work on the public holiday, you're entitled to the 2.25× public holiday rate — plus potentially a substitute day off depending on the arrangement.
What this costs you
A permanent employee who should receive a paid day off on each public holiday but doesn't — and works 5 days/week — misses approximately 8–10 paid days per year (depending on state). At Level 2 permanent rates, that's 8 × 7.6hrs × $0.00/hr = approximately $0.00/year in paid leave not received.
What to check on your payslip
- For permanent employees: do public holidays that fall on your ordinary working days appear as paid leave days?
- Is your pay in the period containing a public holiday identical to a period without one? If so, you may be missing the holiday pay.
If public holidays are disappearing from your pay as a permanent employee, Check your public holiday entitlements →
Frequently asked questions
My employer says I take a day off in lieu of the public holiday — is that legal?
Yes, in some cases — if the employer and employee agree on a substitute day. The substitute day must also be paid at ordinary rates.
I'm permanent part-time — do I get paid for public holidays?
Yes, if the public holiday falls on a day you would ordinarily work. If your roster doesn't include that day ordinarily, the entitlement doesn't apply for that holiday.
Can my employer require me to work on a public holiday?
They can request it — but you have the right to refuse if the request is unreasonable. If you do work, the 2.25× public holiday rate applies.
Don't guess — check what public holidays should look like on your payslip.
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