As the debate continues about changing the date of Australia Day, many employers are asking the question: Can I swap a public holiday for another day?
Employers may want to operate as normal on January 26 and provide the public holiday to their staff on another day, for example, Friday the 27th, allowing them to operate four days in a row and provide a three-day weekend.
Employers can come to an agreement with individual employees on the substitution of public holidays for another day, but it’s important to note that public holidays are entitlements under National Employment Standards, so this must be done correctly.
Whether your workforce is covered by an award, enterprise agreement or another agreement, these substitutions may be made.
As the entitlement of a day off is intended for a public holiday as specified by the Federal or State Government, the request for an alternative day off is not a right or entitlement. Employers can reasonably refuse an employee’s request for exchange if it does not suit their operational requirements.
Clear communication with your people is key. Make sure all dialogue regarding exchanges or refusal is documented and there is a good process and rationale to support any decision that is made.
Our Business Advice Hotline can be reached by calling 8300 0000 and is available to members of the South Australian Business Chamber and can assist with these issues.
