QLDIn ForceAct
Industrial Relations Act 2016
sec.116Entitlement to be absent on public holiday
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### sec.116 Entitlement to be absent on public holiday
An employee is entitled to be absent from the employee’s employment on a day, or part of a day, that is a public holiday in the place where the employee is based for work purposes.
However, the employee’s employer may ask the employee to work on a public holiday if the request is reasonable.
If the employer asks the employee to work on a public holiday, the employee may refuse the request if—
the request is unreasonable; or
the refusal is reasonable.
In deciding whether a request, or a refusal of a request, to work on a public holiday is reasonable, the following must be taken into account—
the nature of the employer’s calling or business, including its operational requirements;
the nature of the work performed by the employee;
the employee’s personal circumstances, including family responsibilities;
whether the employee could reasonably expect that the employer might ask the employee to work on the public holiday;
whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, work on the public holiday;
the type of employment of the employee, including, for example, whether the employment is full-time, part-time or casual, or involves shift work;
the period of notice given by the employer before the public holiday in making the request;
for a refusal of a request—the period of notice given by the employee before the public holiday in refusing the request;
any other relevant matter.
(sec.116-ssec.1) An employee is entitled to be absent from the employee’s employment on a day, or part of a day, that is a public holiday in the place where the employee is based for work purposes.
(sec.116-ssec.2) However, the employee’s employer may ask the employee to work on a public holiday if the request is reasonable.
(sec.116-ssec.3) If the employer asks the employee to work on a public holiday, the employee may refuse the request if— the request is unreasonable; or the refusal is reasonable.
(sec.116-ssec.4) In deciding whether a request, or a refusal of a request, to work on a public holiday is reasonable, the following must be taken into account— the nature of the employer’s calling or business, including its operational requirements; the nature of the work performed by the employee; the employee’s personal circumstances, including family responsibilities; whether the employee could reasonably expect that the employer might ask the employee to work on the public holiday; whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, work on the public holiday; the type of employment of the employee, including, for example, whether the employment is full-time, part-time or casual, or involves shift work; the period of notice given by the employer before the public holiday in making the request; for a refusal of a request—the period of notice given by the employee before the public holiday in refusing the request; any other relevant matter.
- (a) the request is unreasonable; or
- (b) the refusal is reasonable.
- (a) the nature of the employer’s calling or business, including its operational requirements;
- (b) the nature of the work performed by the employee;
- (c) the employee’s personal circumstances, including family responsibilities;
- (d) whether the employee could reasonably expect that the employer might ask the employee to work on the public holiday;
- (e) whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, work on the public holiday;
- (f) the type of employment of the employee, including, for example, whether the employment is full-time, part-time or casual, or involves shift work;
- (g) the period of notice given by the employer before the public holiday in making the request;
- (h) for a refusal of a request—the period of notice given by the employee before the public holiday in refusing the request;
- (i) any other relevant matter.