Under the Holidays Act 2003 an employee is entitled to an alternative holiday if they work on a public holiday that is an otherwise working day for them. For example, if an employee normally works Mondays, Wednesdays and Fridays and they work for 1 hour on Easter Monday, they would be entitled to a full day off on pay at another time (an alternative holiday). This is because Easter Monday is an otherwise working day for them.

This provision includes employees working shifts and some employees on call. Both types of employees get the full day off, even if they only work for a small part of the day.

If the employee and employer cannot agree on when the alternative holiday is to be taken the employer may determine the date, on a reasonable basis. The employer must give the employee 14 days notice of the requirement to take the alternative holiday. 

There is no entitlement to an alternative holiday where an employee:

• Works on a public holiday and that day would not otherwise be a working day, or
• is on call on a public holiday but is not required to restrict activities, or
• is only employed to work on public holidays.

After 12 months of becoming entitled to the alternative holiday, the employee may request to exchange the alternative holiday for cash. If any alternative holidays are outstanding at the end of employment, these are paid out at the rate of pay for the employee's last day of work.

Further information on public holidays.

Information on payment for an alternative holiday. 

Definition of an otherwise working day

Use our Holidays and Leave Tool to work out entitlements for public holidays, and sickness and bereavement leave.