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Public holidays & annual leave

Public holidays are separate to annual leave. This means that if a public holiday falls during a period of paid annual leave, an employee must be paid for the public holiday separately. This day must not be deducted from the employee’s annual leave balance.

Example

Marissa is a full-time visual merchandiser in a clothing shop. Marissa takes paid annual leave for a period of 10 days. This period includes Anzac Day, which is a public holiday under the National Employment Standards. Anzac Day falls on a Monday, a day when Marissa is regularly rostered to work.
 
Marissa is entitled to a paid day off for public holidays. She is not required to take annual leave for Anzac Day and she should not have the day deducted from her accrued annual leave balance. Therefore only 9 days are deducted from Marissa’s annual leave balance.  

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Page last updated: 13 December 2011