In a recent email, your CEO Tony Cohen said this about Christmas:
“For Christmas, If you are part time and if your roster has you working Christmas day and a resident is not still in our care because they have gone home to their family for this day ,then you will have 3 options:
1. You can take annual leave
2. You can ask about leave without pay
3. You still choose to work and Glenhaven will give you specific tasks to accomplish in the home on this shift”
It’s great that Tony has provided you with 3 options, but I wanted to clarify the situation for you.
It’s a little complicated, but the starting point is that if you are a day worker then you generally should get the day off with pay, but there are a few technicalities to be aware of. Shift workers are a bit different, but if you're a day worker and you're rostered to work a public holiday, you have the right to refuse if the request isn’t reasonable or if you have a reasonable reason to refuse.
What counts as reasonable depends on the circumstances and it can a bit messy when there are competing claims. While it isn’t exactly black and white, some of the relevant considerations in determining what’s reasonable include your employment status, the pay rates, type of work and notice given, etc.
If you have any more questions or you think that working Christmas day sounds like it is going to be an issue for you, please give us a call so we can look into your circumstances.