Your New Zealand employer can require you to work on a public holiday — if it is a day that would otherwise be a working day for you. Under the Holidays Act 2003, whether you can be made to work depends on your employment agreement, the nature of the public holiday, and whether the day is an otherwise working day.
Key Takeaways
- Your employer can require you to work on a public holiday if the day is an otherwise working day for you and the requirement is in your employment agreement.
- If you work on a public holiday, you are entitled to be paid at time and a half for the hours you work.
- You are also entitled to an alternative holiday (day in lieu) if the public holiday falls on a day you would otherwise have worked.
- If the public holiday is a day you would not normally work (e.g., your day off), you do not get the public holiday — it falls to your other days.
- Some industries have specific award or agreement provisions about public holiday work.
What Is an “Otherwise Working Day”?
The concept of an “otherwise working day” is central to public holiday entitlements in New Zealand. A day is an otherwise working day if you would normally have worked on that day of the week. For example:
- If you work Monday to Friday, a public holiday on a Wednesday is a working day — you are entitled to the paid day off
- If you work Tuesday to Saturday, a public holiday on Monday is not your otherwise working day — you get no public holiday entitlement for it
- If your schedule varies, your employer should determine your otherwise working days based on your roster pattern
If a public holiday falls on your otherwise working day and you do not work, you are entitled to be paid your relevant daily pay for that day.
When Can You Be Required to Work?
Your employer can ask or require you to work on a public holiday if:
- The public holiday falls on an otherwise working day for you
- Your employment agreement provides for public holiday work
- The requirement is reasonable given operational needs
- There is no agreement or award that exempts you
Some industries — particularly healthcare, hospitality, retail, emergency services, and manufacturing — routinely require public holiday work. The employer must still provide the pay and time-off entitlements.
What You Get If You Work
If you work on a public holiday, your entitlements under the Holidays Act are:
- Time and a half for all hours worked on the public holiday
- An alternative holiday (day in lieu) to be taken later, if the public holiday falls on an otherwise working day
The alternative holiday must be agreed between you and your employer. It can be taken at a mutually convenient time. Unlike annual leave, your employer cannot force you to take it on a specific date — but they can ask.
If the public holiday does not fall on an otherwise working day and you agree to work, you receive time and a half but are not entitled to an alternative holiday.
Can You Refuse to Work?
If you are a casual employee or otherwise not obligated under your agreement, you can refuse a request to work on a public holiday. However, if your employment agreement requires you to work when asked, and the request is reasonable, refusing could be treated as a failure to follow a reasonable instruction.
Key factors:
- Your agreement — does it explicitly say you may be required to work on public holidays?
- Industry custom — in some industries, public holiday work is standard
- Alternative arrangements — has the employer considered sharing the load?
- Your circumstances — do you have genuine reasons why you cannot work?
If you believe the requirement is unreasonable, raise it with your employer first, and seek advice from Employment New Zealand or a union representative if needed.
FAQ
Do I get 11 public holidays in New Zealand as minimum?
New Zealand has 11 national public holidays. The Holidays Act sets the minimum — your employment agreement or award may provide for more, such as provincial anniversary days.
What if I’m on annual leave when a public holiday falls?
If a public holiday falls during your annual leave and it is an otherwise working day, the public holiday is not counted as annual leave. You are paid for the public holiday separately, and the annual leave period is extended by one day.
Do casual employees get public holiday entitlements?
Yes — casual employees are entitled to time and a half and an alternative holiday if they work on a public holiday. However, if a public holiday falls on a day a casual employee would not normally be rostered to work, there is no entitlement.
What about the Matariki public holiday?
Matariki (the Māori New Year) became an official public holiday in 2022. The same rules apply — if it is an otherwise working day, you get the paid day off or time-and-a-half plus an alternative holiday if you work.
Can my employer make me work every public holiday?
If your employment agreement requires public holiday work and the requirement is reasonable, you can be required to work all public holidays. However, the total compensation (time and a half plus alternative holidays) must be provided for each one.