Can your employer make you work a public holiday? The answer depends on where you work, what your contract says, and what industry you’re in. In many countries, employers can require public holiday work — but they must pay premium rates or provide compensatory time off. In others, employees have the right to refuse.
This guide covers the rules across major markets, explains your rights as an employee, and helps employers understand what they can and cannot require.
This article is general information, not legal advice.
Key Takeaways
- In most countries, employers can require public holiday work with proper compensation
- Premium pay or compensatory time off is typically required
- Employees can often refuse if the request is unreasonable
- Essential services have different rules — healthcare, emergency, and utilities staff may be required to work
- Your employment contract is the starting point for determining your rights
Country-by-Country Rules
United Kingdom
Can the employer require it? Generally yes, if the contract does not guarantee bank holidays off.
Employee’s right to refuse: Employees can request not to work, but there is no automatic right to refuse unless the contract guarantees bank holidays off.
Compensation: No statutory premium pay — check your contract for enhanced rates.
Australia
Can the employer require it? Yes, but the request must be reasonable.
Employee’s right to refuse: Under the Fair Work Act, employees can refuse if the request is unreasonable. Factors include the employee’s personal circumstances, the nature of the business, and notice given.
Compensation: Penalty rates (150-250%) apply depending on the award.
New Zealand
Can the employer require it? Yes, if the request is reasonable.
Employee’s right to refuse: Employees can refuse unreasonable requests. The Holidays Act 2003 provides protections.
Compensation: Time-and-a-half plus an alternative holiday (day in lieu).
Canada
Can the employer require it? Yes, in most provinces.
Employee’s right to refuse: Some provinces allow refusal. In Ontario, employees can refuse if the holiday falls on their rest day.
Compensation: Statutory holiday pay plus regular wages (varies by province).
United States
Can the employer require it? Yes — there is no federal restriction.
Employee’s right to refuse: No statutory right to refuse. Employment-at-will allows termination for refusal (in most states).
Compensation: No statutory requirement for premium pay. Check your contract.
India
Can the employer require it? On gazetted holidays, employees must not be required to work (with exceptions). On restricted holidays, the employee chooses.
Employee’s right to refuse: Employees can refuse on gazetted holidays. For restricted holidays, the employee has the choice.
Compensation: Double wages for work on gazetted holidays.
Germany
Can the employer require it? Only for essential services. General禁止 on public holidays.
Employee’s right to refuse: Employees have a strong right to refuse non-essential work on public holidays.
Compensation: Replacement day off within two weeks plus pay.
Ireland
Can the employer require it? Yes, but one of four entitlement options must be offered.
Employee’s right to refuse: No automatic right to refuse, but the employer must offer a compensatory option.
Compensation: One of: paid day off, additional annual leave, day’s pay, or paid day off within a month.
Reasonableness Factors
When determining whether a public holiday work request is reasonable, consider:
| Factor | Weight |
|---|---|
| Notice given | More notice = more reasonable |
| Employee’s personal circumstances | Family obligations, religious observance |
| Nature of the business | Essential services vs non-essential |
| Employee’s role | Whether their presence is critical |
| Industry norms | What is standard in the sector |
| Previous arrangements | What has been done in the past |
Essential Services
Employees in essential services may have different rules:
| Sector | Typical Requirement |
|---|---|
| Healthcare | May be required to work |
| Emergency services | Required to work |
| Utilities | May be required to work |
| Transport | May be required to work |
| Hospitality | May be required to work |
| Retail | May be required to work |
Even in essential services, employees typically receive premium pay or compensatory time off.
Common Scenarios
Employee Refuses to Work on a Public Holiday
If the employee has no contractual right to refuse and the request is reasonable:
- The employer may disciplinary action (following proper process)
- In at-will employment (US), termination is possible
- In other countries, the employer must follow fair dismissal procedures
Employee Has Religious Objections
If working on a public holiday conflicts with the employee’s religion:
- The employer should consider reasonable accommodation
- Denying accommodation may constitute religious discrimination
- Offer alternative days where possible
Employee Is on Annual Leave
If a public holiday falls during annual leave:
- In most countries, the public holiday is not counted as annual leave
- The employee receives the public holiday as a separate day off
- Their annual leave balance is reduced by one day, not two
Employer Best Practices
1. Set Clear Expectations
Include public holiday work expectations in the employment contract and staff handbook.
2. Give Adequate Notice
Provide as much notice as possible when requesting public holiday work.
3. Offer Premium Compensation
Even where not legally required, offering enhanced pay or time off builds goodwill.
4. Document Agreements
Record any agreements about public holiday work in writing.
5. Apply Consistently
Apply the same rules to all employees. Selective enforcement creates legal exposure.
Frequently Asked Questions
Can I refuse to work on a public holiday?
It depends on your country, your contract, and whether the request is reasonable. In many countries, employees can refuse unreasonable requests. Check your local laws.
What if my contract says I must work on bank holidays?
If your contract guarantees bank holidays off, you are not required to work. If it says “bank holidays may be required,” you may be required to work with proper compensation.
Can I be fired for refusing?
In some jurisdictions (like the US under at-will employment), refusal may be grounds for termination. In other countries, the employer must follow fair dismissal procedures.
Do I get extra pay for working on a public holiday?
In most countries, yes. Premium pay ranges from time-and-a-half to triple time depending on the jurisdiction and award.
Can my employer change my roster to make me work on a public holiday?
Employers can generally change rosters with reasonable notice, but they cannot do so to avoid paying public holiday entitlements. The change must be genuine and not a tactic to reduce costs.