Home - Question from Jenny Klaassen ([email protected])
May 04, 2021

Question from Jenny Klaassen ([email protected])

Would it be lawful to allow our employees to swap / substitute a gazetted public holiday to observe a day of faith / culture of their choice, eg. Christmas Day (25 December) for Eid (~13 May). This would mean employee would work on Christmas Day but have a paid day’s leave on the day Eid is celebrated?
Looking forward to hearing from you.

Hi Jenny,

It is possible to agree with an employee to substitute a gazetted public holiday with another day.

If a modern award or enterprise agreement applies to the employee, you should check the exact wording of the entitlement there.  For example, clause 27.2 of the Telecommunications Services Award 2020 provides that an individual employee may reach an agreement to substitute a day or part-day for a day or part-day that would otherwise be a public holiday.

It is also possible for an employer and an agreement/award-free employee to agree to substituting a public holiday for another day.

Kind regards,

Matthew Gough