You might be able to swap out your public holidays for another day. Here's how to check

There's a growing movement among corporate employers to offer their staff the choice to work the Australia Day public holiday and elect another day off. You might have more choice in the matter than you think.

A lady stacking shelves at a supermarket.

Employees at Woolworths were given the choice to work on the Australia Day public holiday and instead elect another day off with their manager. Source: AAP / Dan Peled

In the lead-up to 26 January, a number of large companies offered their employees a choice to work on the public holiday, in exchange for another day off.

Telstra, Woodside Energy, Channel 10, and Deloitte are among the big companies offering flexible arrangements to employees who would prefer to be at work than mark the day. Woolworths also told its staff they can choose to work on January 26 and take another off at the discretion of their manager.

Hundreds of thousands of Australians have been given the choice this year. And, with , it might be something even more people get behind.

So can you swap any public holiday for another day? Possibly.

How to find out whether you can negotiate with your employer

Public holidays are part of the National Employment Standards, so employees are either expected to be absent without loss of pay or receive appropriate pay if they are needed at work.
Swapping around your public holiday is only possible if you and your employer agree to it. Provisions allowing substitutions might be in your award or an enterprise agreement. (You can and ).

For employees not covered by an award or agreement, you can talk to your employer who may agree to a swap.

There are a few grounds that are taken into account to determine whether the request to swap your public holiday is reasonable, according to the .

The nature of the job, the employee's personal circumstances (including family responsibilities), the amount of notice given, and what payments the employer is entitled to receive all help determine the decision.

What day you can take off is also something that you can negotiate with your employer - and there is no requirement for employers to give you any replacement day you'd like.

It's also on a case-by-case basis. Just because you're allowed the day off, doesn't guarantee someone else in your team is in the same boat.

"Any workers with concerns about their pay or entitlements can request assistance from the FWO directly," a Fair Work Ombudsman spokesperson told The Feed in a statement.

"Workers can also report their concerns if they prefer."

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3 min read
Published 26 January 2023 3:33pm
By Michelle Elias
Source: SBS



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