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.

Does leave count for accumulating an RDO?

Yes.

When an employee takes paid leave, they get paid for 7.6 hours of work.

However, 8 hours is taken from the employee’s leave balance. The extra 0.4 hours accumulates for an RDO.

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 remainder of the 8 ordinary hours they would have worked.

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