Public holidays policy template
A comprehensive policy covering public holiday entitlements, penalty rates and working on public holidays. Covers reasonable requests, substitute days and state-specific variations under the National Employment Standards.
Public holidays policy
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Why you need a public holidays policy
Under the National Employment Standards (NES), employees have an entitlement to be absent from work on a public holiday. If they work, they must be paid penalty rates. But the rules around reasonable requests, reasonable refusal and substitute days are often misunderstood.
For businesses that operate on public holidays — hospitality, retail, healthcare, aged care — having a clear policy prevents disputes, supports compliance and gives employees certainty about their entitlements.
A documented public holidays policy is especially important for 7-day operations where working on public holidays is routine, not exceptional.
Key elements of a public holidays policy
What your public holidays policy should include
Public holiday entitlements
Clear explanation of employee rights to be absent on public holidays.
Penalty rates
Rates of pay for employees who work on <a href="/guides/how-to/calculate-penalty-rates">public holidays</a>.
Substitute days
When and how public holidays can be substituted by agreement.
Reasonable requests
Framework for requesting employees to work on public holidays.
Part-time provisions
How public holiday entitlements apply to part-time employees.
State-specific holidays
Recognition of state and territory public holidays.
What's included in this template
Comprehensive coverage of public holiday requirements
Purpose & scope
Why the policy exists and who it applies to.
Policy statement
The organisation's commitment to complying with public holiday entitlements.
Recognised public holidays
List of national and state/territory public holidays.
Entitlement to be absent
Employee's right to be absent from work on public holidays.
Reasonable requests to work
When and how the employer can request work on a public holiday.
Reasonable refusal
Circumstances where an employee can refuse to work on a public holiday.
Penalty rates
Rates of pay for working on <a href="/guides/how-to/calculate-penalty-rates">public holidays</a> under awards and agreements.
Substitute days
Process for substituting a public holiday by agreement.
Part-time employees
How public holiday entitlements apply to part-time staff.
State and territory variations
How the policy accounts for different state public holidays.
Who should use this template?
Essential for businesses that operate on public holidays
Legal disclaimer
This template is designed to reflect the National Employment Standards and Australian public holiday requirements at the time of publication. It is provided as a general guide only and does not constitute legal advice.
You should review and tailor this template to suit your business, industry, applicable award and enterprise agreement. For complex situations, seek independent workplace relations advice.
Regulatory sources
This template is aligned with the National Employment Standards under the Fair Work Act.
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Ready to clarify your public holidays rules?
Download our comprehensive public holidays policy template and support compliance with the National Employment Standards.
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Public holidays policy FAQ
- Employers can request employees to work on public holidays, but the request must be reasonable. Employees can refuse if the request is unreasonable, considering factors like personal circumstances, notice given, and whether penalty rates apply. Our guide on rostering public holidays explains how to manage this.
- Penalty rates vary by award or enterprise agreement. Common rates include double time and a half (250%). Some awards offer an alternative day off in lieu. Check your specific award for the applicable rates.
- Part-time employees are entitled to be absent on public holidays that fall on days they would ordinarily work, without loss of pay. If a public holiday falls on a day they do not normally work, there is generally no additional entitlement. Learn more about calculating leave entitlements for different employment types.
- Yes. This template provides a solid foundation aligned with the National Employment Standards, but you should tailor it to reflect your specific workplace, any applicable modern award or enterprise agreement, and state-based requirements such as long service leave provisions.
- Distribute the policy during onboarding for new employees and via email or team meetings for existing staff. Have employees sign an acknowledgement form confirming they have read and understood the policy. Using HR software with policy management can automate tracking of acknowledgements.
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Disclaimer
This document is a general HR template provided for informational purposes only. It is not legal advice and may not reflect the latest changes in legislation or apply to every workplace situation. RosterElf Pty Ltd and the template provider accept no liability for any loss arising from reliance on this document. Users should seek independent legal advice and customise the template to ensure it complies with all relevant laws, awards and workplace requirements.