Do all employees get RDOs?

Yes, but there are some exceptions.

What are the exceptions?

Individual flexibility agreements

An employee can make an individual flexibility agreement with their employer that:

• changes the RDO arrangements, or
• says the employee won’t get RDOs.

Small businesses not working alongside other building and construction workers

Employers with less than 15 employees can agree with their employees not to have RDOs if they:

• have an agreement in writing with the employee
• pay overtime for hours worked over 38 each week.

What happens if an employee hasn’t worked enough hours to accumulate a full day off?

They can still take the day off but they will only be paid for the time they’ve accumulated.

Do public holidays count for accumulating an RDO?

Yes.

Employees will still accumulate time for an RDO on a public holiday that they don’t work.

Does unpaid leave count for accumulating an RDO?

No.

What if an employee goes home sick half way through a work day?

The employee gets paid:

• for the hours they worked
• sick leave for the remaining ordinary hours they didn’t work.

The employer pays 7.6 hours to the employee for the day and 0.4 hours accumulates for an RDO.

What about employees that don’t have any sick leave left?

They will only be paid for the hours they worked.

No time on this day will accumulate for an RDO.