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Your questions answered: Can employees take leave on another religious day instead of Christmas Day?

By Portner Press on September 4th, 2019
  1. Employee Management
  2. Leave Provisions

Q
Is it possible, from an employment law perspective, for an employee to choose to work on a public holiday, e.g. Christmas Day, Easter Friday, then swap that paid public holiday day to take leave on a cultural or religious day of their choice – without penalty to the employer?

 

A
Yes, this is possible under the Fair Work Act. If a modern award or agreement applies you should check the exact wording of the entitlement. For example, in clause 26.2 of the Telecommunications Services Award 2010, an individual employee may reach agreement in writing to substitute a day or part day for a day or part day that would otherwise be a public holiday under terms of the NES.

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