As the holiday season approaches, it’s time to plan for your employees over Christmas and New Year. Managing public holidays, shutdown periods, and employee entitlements can feel tricky, especially when it comes to setting the right dates, understanding annual leave loading, and handling requests for employees to work on public holidays.
Whether you’re directing staff to take leave during shutdowns or figuring out who’s entitled to annual leave loading, knowing your obligations is key. This article will help you navigate the essentials, so you can plan your shutdowns properly, meet your legal requirements, and support your team through the festive season.
Public Holidays – Christmas Holiday Chart:
| State/Territory | Date | Holiday |
| ACT | Thursday 25 Dec 2025 | Christmas Day |
| Friday 26 Dec 2025 | Boxing Day | |
| Thursday 1 Jan 2026 | New Year’s Day | |
| New South Wales | Thursday 25 Dec 2025 | Christmas Day |
| Friday 26 Dec 2025 | Boxing Day | |
| Thursday 1 Jan 2026 | New Year’s Day | |
| Northern Territory | Wednesday 24 Dec 2025 | Christmas Eve (7 pm–midnight) |
| Thursday 25 Dec 2025 | Christmas Day | |
| Friday 26 Dec 2025 | Boxing Day | |
| Wednesday 31 Dec 2025 | New Year’s Eve (7 pm–midnight) | |
| Thursday 1 Jan 2026 | New Year’s Day | |
| Queensland | Wednesday 24 Dec 2025 | Christmas Eve (6 pm–midnight) |
| Thursday 25 Dec 2025 | Christmas Day | |
| Friday 26 Dec 2025 | Boxing Day | |
| Thursday 1 Jan 2026 | New Year’s Day | |
| South Australia | Wednesday 24 Dec 2025 | Christmas Eve (7 pm–midnight) |
| Thursday 25 Dec 2025 | Christmas Day | |
| Friday 26 Dec 2025 | Proclamation Day / Boxing Day | |
| Wednesday 31 Dec 2025 | New Year’s Eve (7 pm–midnight) | |
| Thursday 1 Jan 2026 | New Year’s Day | |
| Tasmania | Monday 3 Nov 2025 | Recreation Day (selected areas) |
| Thursday 25 Dec 2025 | Christmas Day | |
| Friday 26 Dec 2025 | Boxing Day | |
| Thursday 1 Jan 2026 | New Year’s Day | |
| Victoria | Tuesday 4 Nov 2025 | Melbourne Cup |
| Thursday 25 Dec 2025 | Christmas Day | |
| Friday 26 Dec 2025 | Boxing Day | |
| Thursday 1 Jan 2026 | New Year’s Day | |
| Western Australia | Thursday 25 Dec 2025 | Christmas Day |
| Friday 26 Dec 2025 | Boxing Day | |
| Thursday 1 Jan 2026 | New Year’s Day |
Public Holidays – Information:
In Australia, employees have the right to take a break from work on public holidays. While employers can ask people to work on those days, the request has to be reasonable, and employees can say no if they have good reasons. Before requesting that someone work on a public holiday, you should consider the employee’s existing contractual arrangement, whether they’re full-time or casual, what pay they might get, and how much notice they’ve been given.
When it comes to pay, employees who normally work on a public holiday and don’t (except casuals) should get their usual base pay for the hours they’d normally work. This doesn’t include extra bonuses, overtime, or penalty rates. Employers can’t shuffle rosters around just to avoid paying this.
Employees who do work on public holidays are generally entitled to receive penalty rates or overtime pay on top of their base rate, as specified by their Award, Agreement, or employment contract.
If a public holiday falls while an employee is on paid leave, like annual or sick leave, they still get paid for the holiday, and it doesn’t count against their leave balance. But if they’re on unpaid leave, like unpaid parental or carer’s leave, they usually don’t get paid for public holidays during that time. Sometimes, during shutdowns, employees on unpaid leave might still get paid for holidays, depending on their usual hours and any agreements in place.
For those on long service leave, whether they get paid for public holidays depends on the rules in their state or territory.
Shutdown Periods:
Many businesses shut down over the Christmas and New Year period. If you’re planning a shutdown, you need to check your award to see how much notice you need to give your employees. Generally, this would be 28 days’ written notice; however, some awards require more notice.
The notice should clearly explain the options for the employee, like using accrued annual leave, taking leave in advance or using leave without pay if the relevant Award or Agreement allows it. It’s important to check this, as the award will set out the rules about shutdowns, notice periods, and leave entitlements. They also cover what happens if an employee doesn’t have enough annual leave. Getting it wrong can cause disputes or penalties.
Annual Leave Loading:
Some Awards and Agreements include annual leave loading while employees are on leave. Make sure to check what applies to your team. Also, make sure you check the employee’s contract as they might have specific leave and payment terms.
Need Advice?
ER Strategies are experts in employment compliance and can assist you in managing your employment compliance responsibilities. To discuss your obligations and assistance we can provide, get in touch with us at 1300 55 66 37, or click the button below.
