On Thursday 22 September 2022 there will be a one-off public holiday as a national day of mourning to commemorate the death of Her Majesty the Queen.
The normal public holiday rules and entitlements for each state will apply. For New South Wales, this means:
- Employers cannot require an employee to work on a public holiday, but they can ask them to work if it is reasonable. ‘Reasonableness’ will depend on many factors, including the type of work, the employee’s personal circumstances and the how much notice they were given.
- Employees who are usually rostered on and do not work on 22 September are entitled to their base pay (but not penalty rates, allowances etc).
- Employees who are not usually rostered to work on 22 September 2022 do not receive any additional pay or benefits.
- Employers cannot change an employee’s roster to avoid paying them public holiday pay.
- Employees who do work on the public holiday are to be paid in accordance with the Award that covers their employment. This can include extra pay as penalty rates, an extra day off or extra annual leave, minimum shift lengths on public holidays or time in lieu.
It is important that you understand the requirements of your applicable Award and the National Employment Standards. Our employment law team are happy to assist.
