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

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Ida

Member
17 February 2015
2
0
1
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?
 

ClareB

Well-Known Member
4 February 2015
21
8
149
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