sec.116Entitlement to be absent on public holiday

### 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.