Public Holidays for Nannies in Australia

Most of us enjoy spending some downtime with our families and friends. Public Holidays can be good opportunities for everyone to do this, nannies included.

As an employer, you'll need to weigh up whether it works better for you to have your nanny work on a Public Holiday or not. We're all different and there are plenty of people who'd prefer to swap to a day off when most others are at work. It's all up for grabs.

What is likely to be non-negotiable is what you need to pay your nanny whether they work a Public Holiday or not. Why? Read to find out.

What Are the Public Holidays in Australia for 2022 & 2023?

Australia has regular National Public Holidays every year with each state and territory having its own public holidays as well. Here's what's coming up:

National Public Holidays 2022 (All States and Territories)

• Sunday 25 December - Christmas Day
• Monday 26 December - Boxing Day
• Tuesday 27 December - Additional public holiday for Christmas Day

National Public Holidays 2023 (All States and Territories)

• Sunday 1 January - New Year's Day (except Tasmania)
• Monday 2 January - Additional public holiday for New Year's Day
• Thursday 26 January - Australia Day
• Friday 7 April - Good Friday
• Monday 10 April - Easter Monday
• Tuesday 25 April - Anzac Day
• Monday 25 December - Christmas Day
• Tuesday 26 December - Boxing Day

PLUS Queen's Birthday, Monday 12th June (except Queensland)

Other State/Territory-Specific Public Holiday Dates (Australian Capital Territory 2023)

• Monday 13 March - Canberra Day
• Saturday 8 April - Easter Saturday
• Sunday 9 April - Easter Sunday
• Monday 29 May - Reconciliation Day
• Monday 12 June - Queen's Birthday
• Monday 2 October - Labour Day

New South Wales 2023 

• Saturday 8 April - Easter Saturday
• Sunday 9 April - Easter Sunday
• Monday 12 June - Queen's Birthday
• Monday 2 October - Labour Day

Northern Territory 2022

• Saturday 24 December - Christmas Eve (from 1900 to 12 midnight)
• Saturday 31 December - New Year's Eve (from 1900 to 12 midnight)

Northern Territory 2023

• Saturday 8 April - Easter Saturday
• Monday 1 May - May Day
• Monday 12 June - Queen's Birthday
• Monday 7 August - Picnic Day
• Sunday 24 December - Christmas Eve (from 1900 to midnight)
• Sunday 31 December - New Year's Eve (from 1900 to midnight)

Queensland 2022

• Saturday 24 December - Christmas Eve (from 1800 to 12 midnight)

Queensland 2023

• Saturday 8 April - The day after Good Friday
• Sunday 9 April - Easter Sunday
• Monday 1 May - Labour Day
• Wednesday 16 August - Royal Queensland Show (Brisbane area only)
• Monday 2 October - Queen's Birthday
• Sunday 24 December - Christmas Eve (from 1800 to midnight)

South Australia 2022

• Saturday 24 December - Christmas Eve (from 1900 to 12 midnight)
• Saturday 31 December - New Year's Eve (from 1900 to 12 midnight)

South Australia 2023

• Monday 13 March - Adelaide Cup Day (subject to proclamation)
• Saturday 8 April - Easter Saturday
• Monday 12 June - Queen's Birthday
• Monday 2 October - Labour Day
• Sunday 24 December - Christmas Eve (from 1900 to midnight)
• Sunday 31 December - New Year's Eve (from 1900 to midnight)

Tasmania 2023

• Monday 13 February - Royal Hobart Regatta (only observed in some areas of the state)
• Monday 13 March - Eight Hours Day
• Tuesday 11 April - Easter Tuesday (generally Public Service only)
• Monday 12 June - Queen's Birthday
• Monday 6 November - Recreation Day (all parts of the state which do not observe Royal Hobart Regatta)

Victoria 2022

• Tuesday 1 November - Melbourne Cup

Victoria 2023

• Monday 13 March - Labour Day
• Saturday 8 April - Saturday before Easter Sunday
• Sunday 9 April - Easter Sunday
• Monday 12 June - Queen's Birthday
• TBC - Friday before AFL Grand Final (subject to AFL schedule)
• Tuesday 7 November - Melbourne Cup

How Does Nanny Payroll Work on Public Holidays and Anniversary Days?

More often than not, a nanny is likely to be an employee rather than a contractor. As an employee, they will have certain rights. One of these relates to Public Holidays.

Nannies have a right to be away from work on a public holiday. ​ However, as their employer, you can ask them to work. Your nanny can refuse if they have reasonable grounds. The definition of “reasonable grounds” is fairly vague. Fair Work Ombudsman (FWO) cites specific examples but also leaves plenty of room for manoeuvre. 

If your nanny does not work a Public Holiday and it falls on a day that they would normally work, you will have to pay them their base rate. The base pay rate doesn’t include:

• Any incentive-based payments, bonuses or loadings
• Monetary allowances, overtime or penalty rates

For the purposes of time off and extra payments, Public Holidays that are state or territory specific are the same as National Public Holidays for nannies. If your nanny works on a Public Holiday, you will have to pay 250 per cent of their minimum hourly rate. It doesn't matter if the Public Holiday would be their normal working day or not.

You can pay your nanny more if you want to. Some employers put special rates in the contracts they have with their nannies to cover these days. If so, you would need to pay whichever is greater i.e. 250 per cent of their minimum rate or the special rate. As an employer, you can’t deliberately change your nanny’s roster to avoid this payment.​​

What About Sickness and Regular Annual Leave?

Sometimes a public holiday may fall on a day when your nanny is on leave. Their entitlement to the public holiday depends on whether they are taking paid leave or unpaid leave.

Paid leave and Public Holidays

When a public holiday falls during a period of paid annual or sick leave you must pay your nanny for the public holiday. This includes any hours that fall on a part-day public holiday.

If your nanny takes annual leave at the same time as unpaid parental leave, you don't need to pay them for the public holiday. The public holiday does not get counted as annual leave or sick leave. This means that the public holiday hours will not be taken away from the employee's amount of built-up paid leave.

Should your nanny take sick leave on either side of a public holiday, you will still need to pay them for the public holiday. This is provided that it is on a day that they would normally work. 

If you’ve agreed that your nanny will work on a public holiday on a day they wouldn’t normally work, and if they then call in sick, you do not need to pay them for that day.

Unpaid Leave and Public Holidays

You would not have to pay your nanny for any public holiday that falls during a time when they are on unpaid leave.

What Happens with Late Night Shifts and On-Call Agreements?

Some parents' circumstances may mean they need their nannies to work unsociable hours, some of which may fall on a Public Holiday. Public Holidays run from midnight to midnight. That’s with the exception of some State/Territory specific Public Holidays that only run for part of a particular day.

You would have to pay your nanny the Public Holiday rate for any hours worked during the Public Holiday.

On-Call agreements are a little bit trickier. A lot is going to depend on:

• Whether your nanny actually gets called out during the Public Holiday in question
• How disruptive the on-call was e.g. a nanny tied to being at home all day

A common sense approach that is fair for everyone is generally best. However, there may be legal requirements to consider. So, if on-calls are going to make up a significant part of your nanny's duties, it's a good idea to sort everything out in advance. Put the detail of the agreement you make in a contract.

How Do I Know Which Payment Rate to Use?

There are different rates for Public Holidays and for working anti-social hours. Nannies fall under the FO Miscellaneous Reward. You can read about rates of pay variables here. We are getting into advanced nanny payroll territory here, but it's worth taking a look at all the different rates.

Payment rates around Public Holidays and other special times are complex. The rules and regulations can sometimes change at short notice too. If you plan to take care of your nanny payroll yourself, you need to be confident that you understand all the dependencies involved.

Get Help with Public Holidays for Nannies!

Are you sure you have the time (or patience) to work out what you should be paying your nanny for Public Holidays? If not, there is a solution. That's to outsource your nanny payroll to Pay the Nanny.

We have you covered, making all the required payments and keeping track of all your nanny's time off. Get in touch with us now and find out how Pay The Nanny can help so that you can relax every day, including on Public Holidays, knowing everything is in hand