Do public holidays, sick days and rain days count for 88 days?

Farm work stops when it rains, hospitality slows down after the season, and everyone gets sick sometimes. Whether those days count comes down to one question: were you paid for them?

Public holidays and sick days

“Australian public holidays and sick days (or equivalent workers compensation leave days) can be counted as a day of specified work if you are paid for that day. Public Holiday or leave days that are not paid cannot be included in your total period of specified work.”

Home Affairs, specified subclass 417 work

So:

Day	Paid?	Counts?
Public holiday	Paid	Yes
Public holiday	Not paid	No
Sick day	Paid sick leave	Yes
Sick day	Unpaid (common for casuals)	No
Workers compensation leave	Paid	Yes

Casual employees usually don’t get paid sick leave or paid public holidays when they don’t work. That means a sick day as a casual normally doesn’t count. If you’re on an award, check your conditions: Home Affairs suggests looking at your “leave and public holiday entitlements”.

Rain, heat and other weather

“You cannot include any unpaid days where you did not work due to severe or seasonal weather towards your total period of specified work.”

This catches a lot of people on farms. A wet fortnight in the middle of picking season can push your finish date out by weeks.

Making up lost days

Home Affairs’ Petra example shows how. She was contracted 5 days a week on a sugar cane farm for 88 days, lost 5 scheduled days to severe weather without pay, then:

“Petra later completed an additional 5 working days with another employer from 1 to 5 September… She has now completed the equivalent of 3 months (88 calendar days) of full time work and has met the 3-month specified work requirement.”

So lost days can be made up later, even with a different employer, as long as the new work is also specified work in a listed postcode.

Plan for it

Home Affairs is blunt:

“You should plan to complete your specified work early in your stay, as no exception will be made for failure to complete the required minimum period of specified work because of severe weather – or any other reason.”

Leave yourself a buffer of a few weeks, especially for seasonal farm work.

How this shows up in your count

If you count from payslip hours, this sorts itself out: paid holidays and paid sick leave are in your paid hours, and unpaid days simply mean fewer hours. Add your payslips to the 88-day calculator to see exactly where you are.

Questions people also ask

I'm casual and don't get paid sick leave. Do my sick days count?

No. Only paid sick days count. Casual employees usually don't get paid sick leave, so an unpaid sick day doesn't count.

It rained for a week and the farm didn't pay us. Do those days count?

No. Home Affairs says unpaid days where you didn't work because of severe or seasonal weather can't be included. You'd need to make up the time.

Can I make up lost rain days with another employer?

Yes. In Home Affairs' Petra example, 5 unpaid weather days are made up with 5 working days for a different employer, and she meets the requirement.

Will Home Affairs give me extra time if the weather was bad?

No. The page says no exception will be made for not finishing because of severe weather or any other reason, so plan to finish early.

Sources

• Home Affairs: Specified subclass 417 work (public holidays, sick days, weather)

General information, not immigration advice. Aussie Days is independent and not affiliated with the Australian Government. Always check the official Home Affairs pages before you rely on anything here.