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NSW Missing Out on Public Holidays - Employer said Too Bad?

Discussion in 'Employment Law Forum' started by Ida, 17 February 2015.

  1. Ida

    Ida Member

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    Sorry, did not know where exactly to send this, as there is no link for workplace issues.
    I work Tuesdays to Saturdays, and miss 4 days a year Public Holidays (Mondays), as I don't work on Mondays anyway, but never have long weekends as any other employee.
    I tried HR in this institution, they said there is no policy on that, and "too bad" that this was the case!
    Am I entitled to these holidays, or it relies entirely on the management's decision?
     
  2. ClareB

    ClareB Well-Known Member

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    Hi Ida,

    If you have one, you should refer to your employment agreement to determine whether there is a special arrangement between yourself and your employer where you are entitled to public holidays that you do not ordinarily work on.

    However, and this is a big however, you will most likely not be entitled to these public holidays.

    There is a clear explanation regarding this on the Fair Work website - link is as follows:
    Not working on public holidays - Fair Work Ombudsman

    Generally, if you do not ordinarily work on Monday's, and the public holiday falls on a Monday, you will not be entitled to taking a day of absence for that public holiday.

    If you are after the specific legislation, look to Section 116 of the Fair Work Act 2009.

    Hope this provides some guidance,

    Clare
     
    Ian Macleod and Tim W like this.
  3. Ida

    Ida Member

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    Thank you Clare.
     

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