Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
If you run a small business in New Zealand, you’ve probably heard the term “RDO” (rostered day off) pop up in construction, trades, manufacturing, transport, healthcare, and any workplace where hours are rostered over a cycle.
RDOs can be a great way to manage fatigue, spread hours fairly, and make rosters more attractive to staff. But they can also create payroll headaches and legal risk if you treat them like “extra annual leave” (or if your team has different assumptions about how they work).
This guide breaks down rostered days off (RDOs) in New Zealand from an employer perspective - what they are, how to document them, and how they interact with the Holidays Act 2003, public holidays, and overtime.
What Are Rostered Days Off (RDOs) In New Zealand?
An RDO is a day an employee has off work because of how you’ve rostered or structured their hours over a cycle.
In many workplaces, RDOs are used where employees work a slightly longer day (or extra time across the week) so that, across a roster cycle, they “bank” enough hours to take a paid day off.
RDOs Aren’t A Separate Legal Leave Type
This is the key point for employers: RDOs are not a standalone statutory leave entitlement in the same way annual holidays, sick leave, bereavement leave, or public holidays are.
Instead, RDOs are usually created through:
- a clause in an employment agreement (individual or collective);
- a workplace policy and roster system that forms part of the employee’s terms; and/or
- a customary arrangement that’s consistently applied (which can still become enforceable in practice).
That means the “rules” for RDOs depend heavily on what you’ve agreed to with your team and how you run payroll and rosters.
Common RDO Structures
There’s no one-size-fits-all model, but in practice RDOs commonly arise where you:
- Average hours across a cycle (e.g. 40 hours per week averaged across 2–4 weeks);
- Work extra minutes per day so a day off is funded (e.g. working 8.5 or 9 hours per day in a cycle to earn an RDO);
- Use compressed work weeks (e.g. 9-day fortnight); or
- Operate rotating rosters where certain days are rostered off as part of ordinary hours.
From a compliance point of view, your biggest job is making sure the arrangement is clear, written down, and consistently applied.
How Should RDOs Be Recorded In Employment Agreements And Rosters?
If you want RDOs to work smoothly, you’ll want to lock down the “admin” side early - because disputes usually happen when the business is busy and someone’s expecting an RDO (or pay for it) that payroll isn’t set up for.
Start With The Employment Agreement
Your employment agreement should clearly set expectations about:
- Ordinary hours of work (and whether hours can be averaged over a roster cycle);
- The roster cycle (e.g. weekly, fortnightly, 4-week cycle);
- How an RDO is earned (e.g. additional time worked; averaged hours);
- Whether the RDO is paid and how pay is calculated;
- When RDOs can be taken (set schedule vs agreed/approved);
- What happens if an employee misses hours (e.g. unpaid leave, sick leave, absence, lateness); and
- What happens on termination (for example, whether any “banked hours” are paid out, and how final pay will be calculated).
For many employers, the cleanest approach is to set this out directly in the Employment Contract so the rostered arrangement isn’t “informal” or based on workplace myths.
Keep Rosters And Timesheets Consistent
Even if your agreement is solid, you still need your operational documents to match it - especially your rosters, timesheets, and payroll categories.
As a practical checklist, make sure you can answer:
- Is the RDO shown on the roster as a rostered shift off?
- Do timesheets show the extra time worked (if that’s how the RDO is earned)?
- Does payroll treat RDO pay as ordinary time (and not, for example, annual leave)?
- If an employee swaps an RDO, do you keep a clear record?
If the documentation doesn’t align, you can end up with underpayment claims, arguments about entitlements, and messy investigations later.
How Do RDOs Interact With The Holidays Act 2003 (Annual Leave, Sick Leave And Public Holidays)?
When employers get tripped up by rostered days off in New Zealand, it’s often because they’re mixing RDOs up with statutory leave under the Holidays Act 2003.
Here are the main interaction points to watch.
RDOs vs Annual Holidays (Annual Leave)
Annual holidays are a minimum legal entitlement (generally four weeks per year for eligible employees), calculated based on the employee’s weeks of leave.
An RDO, on the other hand, is usually:
- a rostered “non-working day” that forms part of ordinary hours arrangements; or
- a paid day off funded by time worked earlier in the cycle.
A common issue is when employers try to “convert” RDOs into annual leave, or direct employees to take annual leave instead of the rostered day off.
If you’re considering requiring someone to take annual holidays, you’ll want to understand the rules (including notice requirements and when you can direct leave if agreement can’t be reached) under the Holidays Act. This is often misunderstood in practice. This is the kind of situation where the details in your agreement and process matter, particularly around annual leave direction.
RDOs vs Sick Leave
If an employee is sick on an RDO, the first question is: was it a day they would otherwise have worked?
In many RDO systems, the RDO is a day the employee is rostered off - meaning it usually isn’t a sick leave day, because the employee wasn’t required to work anyway.
But things can get complicated if (for example) the employee was originally rostered to work and later agreed to take that day as an RDO, or if your system is based on “banked hours” rather than a stable roster pattern.
The safest approach is to ensure your agreement/policy clearly defines whether an RDO is treated as a normal working day that is “taken off”, or a genuine “rostered non-working day”. That distinction affects how you treat leave requests and payroll.
RDOs And Public Holidays
Public holidays are heavily regulated under the Holidays Act 2003. If an employee works on a public holiday that would otherwise be a working day for them, they may be entitled to:
- time-and-a-half for hours worked; and
- an alternative holiday (a paid day off later) if the day would otherwise be a working day.
RDOs can create confusion here, because the key legal test is whether the public holiday falls on an otherwise working day for that employee.
That assessment is fact-specific and usually depends on things like the employee’s employment agreement, roster cycle, what the roster was (or was likely to be) around that period, and established patterns of work. In other words, an RDO falling on a Monday doesn’t automatically mean Monday is (or isn’t) an otherwise working day - it depends on the real pattern and expectation of work.
For example:
- If Monday is consistently the employee’s rostered day off in an established cycle, a public holiday on Monday may not be an otherwise working day for them.
- If rosters vary, or Mondays are commonly worked (even if some Mondays are rostered off), you may need to look at the roster cycle, past patterns, and what was reasonably expected for that employee.
This is one of those areas where getting your roster patterns and documentation right upfront can save you a lot of payroll rework later.
Do You Have To Pay RDOs, And How Should Payroll Handle Them?
Whether an RDO is paid (and how it’s paid) depends on how the arrangement is structured in the first place.
In many businesses, an RDO is effectively paid because the employee has already worked the hours to fund it. In other words, the total ordinary hours are spread differently across a roster cycle.
Common Payroll Approaches
Employers typically deal with RDO pay in one of these ways:
- Averaging approach: the employee is paid the same amount each pay period (e.g. salary or fixed weekly wage) and the RDO is simply a rostered non-working day.
- Banked-hours approach: the employee works extra time, and the “banked” time is cashed out as paid time when they take the RDO.
The approach you use needs to match:
- the wording in the employment agreement;
- your payroll system and pay slips; and
- the reality of hours worked on the ground.
It’s also important to be clear on what happens to any accumulated banked hours on termination. In some setups there may be a measurable “bank” that should be accounted for in final pay under the contract, while in other setups (like a true averaging arrangement with a fixed salary/wage) there may be nothing separate to “pay out” beyond the employee’s normal final pay and statutory holiday entitlements.
Overtime, Penal Rates And RDO Cycles
RDO arrangements often sit alongside overtime practices, especially in industries where staff work long days.
Make sure you’re clear on:
- when additional hours are treated as ordinary hours (to earn an RDO) vs overtime;
- whether overtime requires prior approval;
- how overtime is paid (or whether you offer time off instead); and
- whether there are any minimum rest breaks and fatigue management rules to consider.
If your workplace uses TOIL, it’s important not to blur that concept with RDOs. TOIL is generally time off provided in exchange for extra hours worked, and it needs clear ground rules. Many employers find it helpful to align their approach with a written policy and consistent record keeping around time off in lieu.
If you’re unsure whether your “extra hours” are legally overtime (or just part of an averaging arrangement), it’s worth getting advice - the distinction can affect wages, disputes, and Holidays Act calculations. This is especially relevant if you have variable rosters or peak-season demands, and it’s often tied to how you handle overtime generally.
Can You Change, Cancel Or Move An RDO? (And What If Business Needs Change?)
RDOs sound simple until the real world hits: customers need coverage, jobs run over time, staff call in sick, and suddenly the roster doesn’t fit neatly anymore.
Whether you can change, cancel, or move an RDO depends on:
- what the employment agreement says about roster changes;
- what your workplace policy says;
- how much notice you give; and
- whether the change is reasonable in the circumstances.
Be Careful About Unilateral Changes
In New Zealand, employment relationships are governed by good faith obligations under the Employment Relations Act 2000.
That doesn’t mean you can never change rosters - but if the change affects employees’ hours, pay, or agreed working pattern, you generally need to handle it carefully, consult where appropriate, and avoid treating a roster as something you can change on a whim.
A common pressure point is when a business wants to cut shifts, reduce rostered hours, or restructure working time. If you’re in that situation, it’s worth checking your options and process first, because changing hours can trigger broader employment law issues. This often overlaps with the considerations in reducing staff hours.
Have A Clear RDO Policy (Especially If You Run Multiple Teams)
If you have supervisors making roster decisions, a written policy can stop inconsistent decisions (and help you defend your approach later if there’s a dispute).
A good RDO policy often covers:
- how RDOs are accrued/earned;
- who approves changes and swaps;
- notice requirements for roster changes;
- what happens if an employee doesn’t work enough hours to “earn” the RDO;
- what happens during shutdown periods or quiet periods; and
- how disputes will be handled internally.
Many employers roll this into a broader set of workplace rules and procedures so it’s all in one place. If you’re building out your internal documentation, it can be helpful to formalise it through a Workplace Policy package rather than relying on emails and verbal instructions.
Key Takeaways
- RDOs are not a standalone legal leave entitlement under the Holidays Act - they’re usually a roster/working-hours arrangement created by agreement and practice.
- The employment agreement is your first line of protection: clearly document how RDOs are earned, when they’re taken, and what happens if hours aren’t worked or the roster changes (including what happens to any banked hours on termination).
- Align rosters, timesheets, and payroll so your business can show how RDOs are calculated and paid (and so you don’t accidentally treat RDOs as annual leave).
- Public holidays and the “otherwise working day” test can be tricky when RDOs are in play - it’s a fact-specific assessment, so consistent roster patterns and good records matter.
- Don’t blur RDOs with overtime or TOIL; if staff are working extra hours, be clear whether that’s building towards an RDO, paid as overtime, or handled via time off in lieu.
- Be cautious about changing or cancelling RDOs, especially if it changes agreed hours or pay - follow a fair process and act in good faith.
If you’d like help setting up an RDO clause in your employment agreements, reviewing your roster and payroll setup, or putting the right policies in place, we’re here to help. Contact Sprintlaw on 0800 002 184 or email us at team@sprintlaw.co.nz for a free, no-obligations chat.







