The Strangeness of Easter Public Holidays

Good Friday (18 April) and Easter Monday (21 April) are the public holidays, but what happens on the Sunday when the law doesn’t allow most retailers to be open? 

Easter Sunday is not a public holiday, so there are four options for employers who must close their business.

Annual Leave. In the first instance an employer and an employee are required to try to reach agreement on when annual leave is taken. If no agreement is reached then you can require an employee to take the day as annual leave, subject to giving an employee 14 days’ notice. The last day for giving notice for Easter Sunday this year is 5 April. (Note that you can only require an employee to take leave they have become entitled to, not leave in advance.) 

Employment Agreement. If there is a clause in the employee’s Employment Agreement (contract), this may specify what happens on Easter Sunday. For example it may state the day is unpaid. 

Alternative Duties. Subject to employee’s Agreement or position description allowing for it, the employee may have to undertake alternative duties on the day. 

Transfer a Public Holiday. An employer and employee can agree to transfer a public holiday. For example it could be agreed to transfer the public holiday of Easter Monday to the Sunday. It is important to have this agreement in writing. 

Pay wages as Normal. If none of the above is an option, then ultimately the employer is required to pay an employee whose Employment Agreement (or custom and practice) specifies the Sunday is a working day, and the employee is available to work.