When can an employee take an alternative holiday?
An alternative holiday must:
- be taken by the employee on a day that is agreed between the employer and employee
- be a day that would otherwise be a working day for the employee
- be a whole working day off work for the employee, regardless of the amount of time the employee actually worked on the public holiday.
- not be taken on a public holiday
The alternative holiday can be taken at any time mutually agreeable to the employer and employee, and is paid at the employee's relevant daily pay, or average daily pay (where applicable), for the day taken off.
If an employer and employee cannot agree when an alternative holiday is to be taken, the employer may determine when it is to be taken. The employer must have a reasonable basis for choosing when the alternative holiday is to be taken. The employer must give the employee at least 14 days' notice of the requirement to the alternative holiday.
If more than 12 months have passed, since the employee's entitlement to the alternative holiday arose, the employee can request the alternative holiday be exchanged for payment or "cashed up". If the employer agrees to the employee's request, the employer must pay the employee the amount agreed between the employer and employee in exchange for the alternative holiday.
If any alternative holidays are outstanding at the end of employment, these are paid out at the rate of pay for the employee's last day of work, i.e. the relevant daily pay or average daily pay.
Use our Holidays and Leave Tool to work out entitlements for public holidays, and sickness and bereavement leave.
Date Modified: Monday, December 19, 2011
Disclaimer: The content on this website covers common problems. It will not answer every question
and should not be used as a substitute for legislation or legal advice. State sector employers
and employees may be affected by some differences in the laws that apply to them (e.g. State
Sector Act 1988). The Department of Labour takes no responsibility for the results of any actions taken
on the basis of information on this website, nor for any errors or omissions.
