Part-Time Workers Holiday Entitlements Guide Australia 2026

Understanding Part-Time Employment Status

Part-time employment in Australia carries specific legal definitions that distinguish it from casual and full-time work. Understanding your employment status is the first step toward knowing your public holiday entitlements.

A part-time employee works fewer than 38 hours per week on a regular and systematic basis. Unlike casual employees, part-time workers have ongoing employment with reasonably predictable hours. This regularity forms the foundation for public holiday entitlements, which depend on knowing which days you would normally work.

The key distinction between part-time and casual employment lies in the predictability of hours and the employment relationship's permanence. Part-time employees have guaranteed minimum hours and access to leave entitlements on a pro-rata basis. Casual employees, despite potentially working regular hours, technically have no guarantee of ongoing work and receive a casual loading instead of leave entitlements.

Your employment contract should specify your employment type, ordinary hours, and usual working days. If you're uncertain about your classification, review your contract or speak with your employer's human resources department. Misclassification as casual when you should be part-time affects your entitlements significantly.

Some workers have been incorrectly classified as casual despite working regular, ongoing hours. If you believe you may be misclassified, the Fair Work Ombudsman provides guidance on determining your true employment status and can assist with any resulting underpayment claims.

The Ordinary Working Day Rule

Public holiday entitlements for part-time workers hinge on whether the holiday falls on a day you would ordinarily work. This "ordinary working day" rule determines both your right to time off and your pay entitlements.

If a public holiday falls on one of your regular working days, you receive the same entitlements as a full-time employee for that day. You're entitled to the day off without loss of pay, receiving your normal hourly rate for the hours you would have worked. This payment comes from your employer, not from any leave balance.

When a public holiday falls on a day you don't normally work, no additional entitlement arises. You don't receive extra pay or time off because the holiday hasn't displaced any of your ordinary working hours. This differs from some international jurisdictions where all employees receive holiday benefits regardless of their usual schedule.

Establishing your ordinary working days requires clear documentation. Your employment contract should specify your regular days and hours. If your schedule varies, look for patterns or agreements about your usual arrangements. Some awards and enterprise agreements provide specific guidance on determining ordinary working days for employees with variable schedules.

Disputes sometimes arise when employers and employees disagree about ordinary working days, particularly when schedules have evolved informally over time. Maintain records of your working patterns and any agreements about your regular schedule to support your entitlements if questions arise.

Calculating Public Holiday Pay

When a public holiday falls on your ordinary working day, calculating your entitlement requires understanding which hours count and at what rate you're paid. The rules are straightforward but sometimes misunderstood.

You receive payment for the hours you would have worked on the public holiday had it been an ordinary working day. If you normally work five hours every Monday and a public holiday falls on Monday, you receive five hours' pay. This applies regardless of whether full-time employees at your workplace would have worked more hours that day.

The rate of pay for public holiday absence is your base rate, which typically excludes overtime, penalty rates, bonuses, and most allowances. However, some awards and enterprise agreements provide for more generous calculations. Check your specific industrial instrument for details about your base rate calculation.

If you're asked to work on a public holiday that falls on your ordinary working day, penalty rates apply in addition to or instead of your normal pay. Common arrangements include double time, double time and a half, or time and a half plus a day in lieu. Your award or enterprise agreement specifies the applicable rate.

Part-time employees who work on public holidays that aren't their ordinary working days receive penalty rates for those hours but don't also receive paid time off. The penalty rate compensates for working on the public holiday, but since it wasn't your ordinary working day, no additional leave entitlement arises.

Handling Variable Schedules

Many part-time employees work schedules that vary from week to week, creating complexity when determining public holiday entitlements. Understanding how variable arrangements interact with holiday rules helps you claim correct entitlements.

If you work different days each week but have a regular pattern, such as rotating through a set roster, your ordinary working days are those that fall within your regular pattern. For instance, if you work every second Monday, a Monday public holiday that falls during your working week triggers an entitlement, while one falling during your off week doesn't.

Genuine casual arrangements with variable hours each week don't create ordinary working day entitlements even if you work frequently. However, if you're technically employed part-time with variable hours, your employment contract or award should specify how ordinary working days are determined for public holiday purposes.

Some employers attempt to avoid public holiday obligations by varying part-time schedules around holidays. The Fair Work Act protects employees from having their hours reduced specifically to avoid holiday entitlements. If you suspect your schedule has been manipulated to avoid paying holiday entitlements, this may constitute a breach of workplace laws.

Averaging arrangements sometimes apply to determine entitlements for employees with irregular schedules. Under these arrangements, your ordinary hours for public holiday purposes might be calculated based on your average hours over a representative period. Check your award or agreement for specific averaging provisions.

Requesting Time Off vs Being Required to Work

Part-time employees have the same right as full-time workers to be absent on public holidays. However, employers can request employees to work, subject to reasonableness considerations under the Fair Work Act.

When your employer requests you to work on a public holiday that falls on your ordinary working day, you can refuse if the request is unreasonable or your refusal is reasonable. Factors considered include the nature of the work, your personal circumstances, the notice provided, and whether you could reasonably expect the request.

Industries that commonly operate on public holidays, such as retail, hospitality, and healthcare, often have specific award provisions addressing holiday work. These provisions may limit your right to refuse or specify conditions under which refusal is reasonable. Familiarise yourself with your industry's specific requirements.

For public holidays that don't fall on your ordinary working day, your employer may still request you to work. In this situation, you're not giving up a day off since you wouldn't normally work anyway. You receive penalty rates for the hours worked but have greater latitude to refuse since no ordinary hours are involved.

Document any requests to work on public holidays and your responses. If disputes arise later about whether you were properly compensated, records of the request and your agreement or refusal provide important evidence.

Public Holidays During Leave

Special rules apply when public holidays fall during periods of annual leave, sick leave, or other types of leave. Understanding these interactions ensures you receive correct entitlements and don't lose leave days unnecessarily.

When a public holiday falls during your annual leave and the holiday would have been one of your ordinary working days, that day is not deducted from your annual leave balance. Instead, you receive it as a public holiday, effectively extending your leave period. This applies equally to part-time and full-time employees.

If the public holiday falls during your annual leave but isn't one of your ordinary working days, no special treatment applies. The day wasn't going to be deducted from your leave anyway since it wasn't a working day in your schedule.

Personal leave (sick leave) taken on a public holiday follows similar principles. If you're genuinely sick on a public holiday that falls on your ordinary working day, you receive public holiday pay rather than using sick leave. Your sick leave balance is preserved for actual sick days that fall on ordinary working days.

Use our 2026 Australian Calendar to identify public holidays and plan your leave requests strategically. Positioning leave around holidays can maximise time off while preserving leave balances.

Protecting Your Entitlements

Part-time workers sometimes face challenges in claiming their full public holiday entitlements. Proactive steps help ensure you receive everything you're owed.

Keep records of your working patterns, including days worked, hours worked, and any changes to your schedule. These records provide evidence of your ordinary working days if disputes arise. Many employees rely on payslips alone, which may not capture scheduling details adequately.

Review your payslips after each public holiday to verify correct payment. Your payslip should show public holiday hours if you were absent on an ordinary working day, or penalty rates if you worked. Discrepancies should be raised promptly while details remain fresh.

Understand your award or enterprise agreement provisions regarding public holidays. These documents specify your exact entitlements, which may exceed the minimum standards in the National Employment Standards. The Fair Work Ombudsman website provides tools to identify your applicable award.

If you believe your entitlements have been underpaid, the Fair Work Ombudsman provides free assistance to recover amounts owed. Time limits apply to claims, so act promptly if you identify potential underpayments. Union members can also access support through their union representatives.

Many employers genuinely want to comply with workplace laws but may misunderstand the specific rules applying to part-time employees. Approaching concerns collaboratively often resolves issues without formal complaints. However, don't hesitate to escalate if informal approaches fail.