Am I Eligible to Have My Minimum Hours Raised?

Hi all

So recently I applied for a week off work as i have a up coming dental surgery & was recommended to take the week off. I work part-time in retail & applied for 20hrs sick leave which is what my average working week consists of. My employer granted me the week off but only covered 10hr sick leave for that week as those where my minimum contracted hours which is understandable. My question is as I have been working 20-35 hours week for the last 18 months am I eligible to have my minimum hours raised from 10hrs.

Any response would be much appreciated.

Comments

  • +3

    What does your employment contract state about sick leave?

    • Thanks chumlee for responding, I'll have to chase that up I was just reading through my employee contract & realised it was the original contract from when i was a casual when I first started, I don't remember signing and getting an updated contracts when they move me to permanent part-time. the store manager is working this morning I'll probably just end up sitting down having a chat anyway definitely need to request a copy the updated contract though, I'll let you know how goes.

      • +1

        Permanent Part time usually has a minimum of 16 hours per fortnight - depending on your award.

        If you never signed a contract for permanent part time then you are entitled to be payed at the casual rate for every hour that you have worked. Be careful, as you will be immediately sacked if you bring this up.

        When you are ready to move on I'd be making a claim for back pay - you can go back up to six years in this claim.

  • +3

    Retail work is most likely covered by an eba. Have a look at that for details.

    My understanding is that you only are entitled to 10hours sick leave for the week. For extra hours you work each week above that you would either get casual rates or earn leave entitlements at a faster rate.

  • My question is as I have been working 20-35 hours week for the last 18 months am I eligible to have my minimum hours raised from 10hrs.

    That's why it's part time. They only roster you on when they need you. They just need to give you the minimum hours/week. I guess you can ask them, but doubt they would be under any obligation.

    • Permanent part time is generally the same hours each week. You're thinking of casual.

      • he never mentioned permanent part time. He only said "I have been working 20-35 hours week"

        • I work part-time in retail

          Jus’ sayin’…

        • @pegaxs:

          That's what I was saying, part time, not permanent part-time. He has indicated that his hours change quite a bit each week.

        • @ozhunter: casual workers don't get any sick leave. They get loading on top of their hourly rate to compensate.

        • @Quantumcat:

          Yea I know. He got 10 hours worth of sick leave.

  • My assumption is you have 10 hours on a contract, and pick up extra shifts to make up the difference?

    Just ask your boss and say "I've been doing at least 20 hours for the last year, but only contracted for 10. Can I increase my contracted hours to 20? I'll still do extra shifts to bring it up to 35 when you need me"

    Just be nice and open about it.

    Explain why you deserve it, for example, "I'm reliable, I'm always here on time, I will continue this for you".

    Explain how it will benefit them, "Given that I'm always on time you will know I will be here and won't have to worry. You will have piece of mind knowing that these extra busy shifts will be taken care of"

  • You may be entitled to a review of your minimum hours if there is a record of you working longer hours for more than 12 months.

    If you aren't a member of a Union, try Fair Work for more info/advice.

    https://www.fairwork.gov.au/contact-us/call-us or https://www.fairwork.gov.au/contact-us/online-enquiries

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