Personal Leave in Woolworths, Please Suggest What I Can Do

Lnsshr on 17/02/2024 - 17:05
Last edited 18/02/2024 - 07:53 by 1 other user

Hello everyone, I had a query regarding personal leave.

I am currently a part time employee. I have accumulated a lot of personal leave. I was wondering that if I go casual will all the accumulated personal leave be discarded? And if so, is there anything in the Woolworths agreement where I am able to cash out any of the personal leave or going casual will discard all the personal leave.

I am also trying to get transfer to another store where I might be able to get part time hours, my manager has sent me a casual contract to sign. Should I wait until I hear from another store I am transferring to.

Please suggest and let me know.

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Comments

  • grog on 17/02/2024 - 17:10
    +35

    Your union will be able to assist you with this matter.

      • oscargamer on 17/02/2024 - 18:50
        +44

        That's the point of joining a union.

        You pay money. They give assistance.

        You don't pay. You don't get assistance. You are on your own. What does your contract say?

        OzBargainUnion is free.

        • scooba on 17/02/2024 - 21:52
          +36

          My experience with unions is paying fees and not getting help.

          All I got was "Brother, brother, we'll help you…….but first….are your fees up to date? Then they'd vanish off site never to be seen until 6 months later where they were asking for fees again.

          • chris666 on 28/02/2024 - 21:00
            -1

            @scooba: Agree unions are a joke

            • scooba on 29/02/2024 - 21:23
              +2

              @chris666: People just need to pick decent employers, not that there's too many of those left these days.

              I've had my fair share of donkey employers and as soon as I smelt bullsh1t, I was out of there.

          • morse on 18/02/2024 - 06:15
            +7

            @iNeed2Pee: I’ve found my union helpful. In OPs case they could definitely provide advice.

            • cjhero on 19/02/2024 - 17:00

              @morse: Or they could just read their EBA.

            • us3rnam3tak3n on 19/02/2024 - 00:37
              -3

              @82norm: I didn't think this was even controversial to suggest but apparently it's quite unpopular.

        • 82norm on 18/02/2024 - 10:15
          +10

          You don’t need a friggin union FFS. Just call HR.

          • paloverde88 on 18/02/2024 - 23:32
            +9

            @82norm: HR is always on your side, make sure you share all your secrets with HR, they only help you and no one else. They are the number 1 angels for workers!

          • Juice-Wa on 20/02/2024 - 08:57
            -1

            @82norm: Union members have been brainwashed into thinking they can't do or understand anything relating to employment without the union. Just a group of boofheads that can't think for themselves.

        • iNeed2Pee on 18/02/2024 - 11:05
          +5

          You should not be made to join a union to get advice in the workplace. It is not 1970/80s anymore. It is clear as day the information is public. '
          You just have to research it.

      • Zondor on 18/02/2024 - 14:32
        +7

        You should join a Union, just not SDA.

      • Autonomic on 20/02/2024 - 00:46
        +2

        SDA sucks. Join RAFFWU.

    • HeWhoKnows on 18/02/2024 - 08:38
      +35

      Its not a union matter.
      Its really quite simple.
      OP is basically resigning from a permanent job and all payouts will hence apply upon resignation.
      i.e. all accumumated annual leave
      OP will loose all accumulated sick leave as Woolworths like many wont pay this out.

      The fact OP is transitioning from a permanant job to a casual job makes all the difference.
      OP needs to undestand that casuals dont acrue annual leave nor sick leave.
      The higher hourly rate makes up for this loss.

      So the bottom line answer is to maintain part time status and wait to hear from the other store.

      DO NOT SIGN ANY CASUAL AGREEMENT UNTIL YOU ARE CERTAIN OF WHAT YOU ARE DOING

      • OhNoUShiz on 18/02/2024 - 14:36

        I wonder which if any company pay out personal leave? Lol

        • SolitaryMan on 19/02/2024 - 08:17

          None. It’s to use when you’re sick, not some sort of accumulated benefit to use as you want or be cashed out.

          • dji1111111 on 19/02/2024 - 11:18

            @SolitaryMan: And you would be wrong to say none. Some mining companies do have provisions for site employees to cash out sick leave

            • ddilrat on 19/02/2024 - 13:08

              @dji1111111: Never heard of that

              • cjhero on 19/02/2024 - 17:04

                @ddilrat: Some companies do it because the cost of filling a shift last minute is very high.

                • ddilrat on 21/02/2024 - 05:13

                  @cjhero: They just want people to come to work sick instead?

                  • cjhero on 21/02/2024 - 09:55

                    @ddilrat: No, they realise some FTE workers that are planning on leaving a job will drain their personal leave before officially leaving a job.

                    Some companies effectively say "we will just pay you out 50% of your sick leave just don't (profanity) us around". If you're FIFO on a mine site in a critical role there can be a lot of down stream effects from having to shift people around.

                    I haven't worked there for a decade now but it wasn't unheard of 2010 - 2014.

        • USER DC on 20/02/2024 - 06:58

          They avoid to full possible extent, make us pay $20-$100 for a GP visit certificate even. Just so we can claim our entitlments of like 4hr - 10 hrs (wont really expect anyone to work longer shift than that).

          Also i am quite certain that woolies would have shown your sick leave remainings on each payslip, you litterally cannot get any better than that to estimate if you getting too many hrs then take them (say more than 10 hrs, and been 3months plus since last sickie, make another sickie, afterall we are all Fkin stress from work and need relaxation for mental wellbeing, - Other big IT companies do this kinda approach I think)

          After certifcate cost its not really much $$ value left in sick leave. (other than enjoying day off)
          Casual is best that is why (aka that you wont have to spend extra $$ just for sake of getting your own entitlements)

  • Aureus on 17/02/2024 - 17:15
    +1

    Why not ask your boss? No way they will pay out personal leave though.

    • nsshr on 17/02/2024 - 17:29
      -2

      Yes I don't think they will pay our sick leave. But as I mentioned I am look to transfer to another store to get part time hours. I was consistently doing 2 days each week, but since I moved I couldn't get on time to work for one of the shift, as I start early morning, I need to use public transport but public transport doesn't run early morning for me to get to work. i requested if i could start 1 hour late before i moved and made aware of this 2-3 weeks before i moved, they said they couldn't get me to start late, my normal hour starts at 7am in the morning, i requested if i could start at 8am instead as i have more long way to travel which they refused. Currently looking to transfer to a closer store to get part time hours but my manager sent me a casual contract. Because going casual means discarding all accumulated personal leave. Should I ask them to wait until I get reply from another store?

      • zonra on 17/02/2024 - 17:37
        +3

        Generally you don’t get sick/personal leave paid out upon leaving your part time or full time position, any unused amount is simply forfeited.
        I’m not sure about the legality of pushing you onto casual from a part time arrangement, but then they may simply say you’re no longer able to do your assigned shifts. You should have a chat with your line manager and maybe HR to discuss / negotiate what can be done.

        • nsshr on 17/02/2024 - 17:45

          Yes that us what was said you’re no longer able to do your assigned shifts. But as I mentioned I am trying to transfer to another store closer to me to get part time, should I tell them that to wait until I hear from another store. Maybe be I could ask for now just put me on one of my shift and keep someone else for the shift I am not able to get on time and just give me a unpaid leave for that day until I find another store closer to me where I can transfer and get part time contract.

          • zonra on 17/02/2024 - 17:52

            @nsshr: You can ask.
            Also have you decided on what to do if the store transfer doesn’t happen?

            • nsshr on 17/02/2024 - 17:57
              -1

              @zonra: Well in such case I have to go casual and let go off the personal leave. As many people would do use personal leave often, learn a lesson that accumulating personal leave is not worth it. Thank you for your suggestions.

          • USER DC on 20/02/2024 - 07:03
            +1

            @nsshr: next time just keep calling sick every 3 months or so just so you know you are not loosing your enitilments (that is only way my dude to get your entitilments) companies loot employees of their work and sweat, and want to pay absolute bare minimum to staff, While handing out bonuses to CEO's. Since you cannot really change CEO's entitlments and nor you should really give a Fk about them who care little about staff. (mouth talk is nice but yeay at end of day everyone is only gonna look after their interests, and if you dont look after yours, consider its gonna be bare minimum)

        • HeWhoKnows on 18/02/2024 - 08:48
          +3

          Not exactly correct

          All accumulated annual leave must be paid out upon resignation from any permanent roll, whether part time or full time.
          All accumulated Long service leave must also be paid out (7+ years)
          All other leave such as sick leave, bereavement leave etc is forfeited if not taken before resignation.

          Permanent positions always have permanent hours.
          So if OP can no longer attend those hours and the employer does not want to renegotiate new hours then OP must resign.

          But then again it depends on whats written on the letter of appointment or contract that OP signed.
          eg For part time it may just state the number of hours per week and the hours may hence be flexible which is beneficial to both parties.

        • gromit on 18/02/2024 - 14:10
          -2

          you absolutely do get paid out for all accumulated vacation leave, sick leave is forfeit.

          • zonra on 18/02/2024 - 14:21
            +6

            @gromit: But that’s.. that’s what I said..

            P/s: Personal leave is literally a new term for sick leave since people can take them for reasons other than being sick (carer’s leave, family emergency, attending funerals, stress leave etc.).
            Personal leave is not annual or long service leave.

            • gromit on 18/02/2024 - 15:20

              @zonra: then my bad, where I work they used to call both sick and vacation leave personal leave then had about a dozen subcategories to choose from ranging from holidays and sick leave to jury duty, 2 types of bereavement leave, parental leave etc etc

              edit: looking at our internal system personal leave is now purely sick leave and has been renamed "Holistic Health leave" lol and now each of the other 18 types has its own definition. wow, been a while since I looked at anything beyond Annual leave.

      • AndyC1 on 17/02/2024 - 22:03
        +1

        Think about what???? Research yourself….

      • JIMB0 on 18/02/2024 - 07:37
        -2

        I'd call in sick until all the leave is used up. They're likely pushing you onto casual so they can get rid of you by giving you no shifts.

        • HeWhoKnows on 18/02/2024 - 08:56
          +1

          OP cant make the early starts any more
          Thats the problem

      • Antikythera on 18/02/2024 - 17:22
        +1

        my suggestion would be to catch an uber for the 7am shift for a couple of weeks until you can arrange the transfer.

        don't jeopardise the part time position for the cost of a few ubers. Still use public transit on the homeward journey.

  • ChrisLevo on 17/02/2024 - 17:22
    -1

    The store manager will know and will be obliged to tell you.

    Source: My daughter is one.

    Have you bothered to find out about what SDA fees and benefits are?

    • nsshr on 17/02/2024 - 17:34

      Member fees are calculated according to the amount of hours you expect to work (inclusive of GST): 0 to 9 hours per week: $8.40 per fortnight. 10 to 19 hours per week: $15.00 per fortnight. 20 hours or more per week: $21.00 per fortnight. These are the fees.

      Benefits from union assisting if there is any work related issue, new agreements, pay rates etc

    • nsshr on 17/02/2024 - 17:36

      Could you ask her if to remian a part time does one have to do atleast 10 hours per week? Is your daughter in woolies.

      • USER DC on 20/02/2024 - 07:06

        you got a contract ? enterprise agreement ?? read that. if nothing then find General Retail Industry award and consult that.

  • freefall101 on 17/02/2024 - 17:34
    +5

    Just to check, do you want to move to casual? Because it's usually quite hard to make someone change without their consent. If there's a new contract there's probably termination of the old one, which means you get annual leave paid out and potentially a redundancy.

    If you're not getting much info from them, call fair work.

    • nsshr on 17/02/2024 - 17:40

      As mentioned above I am not being able to get on time for one shift and they want to cut that day shift which means I will have Less than 10 hours shift and to remain part time you need atleast 10 hours. I am not trying to go part time. Yes I do know that I have to accept the contract for it to be approved, my manager sent me the casual contract for me to accept.

      But as I mentioned I am look to transfer to another store to get part time hours. I was consistently doing 2 days each week, but since I moved I couldn't get on time to work for one of the shift, as I start early morning, I need to use public transport but public transport doesn't run early morning for me to get to work. i requested if i could start 1 hour late before i moved and made aware of this 2-3 weeks before i moved, they said they couldn't get me to start late, my normal hour starts at 7am in the morning, i requested if i could start at 8am instead as i have more long way to travel which they refused. Currently looking to transfer to a closer store to get part time hours but my manager sent me a casual contract. Because going casual means discarding all accumulated personal leave. Should I ask them to wait until I get reply from another store?

      • freefall101 on 17/02/2024 - 19:42
        +3

        Yeah, unfortunately moving and not being able to turn up to work at that time is a bit of a you problem. It's a shame they're not more accommodating, but they're (likely) fully within their rights there.

        I don't know if leave will transfer across stores as well (I think Woolworths owns all their stores, they're not franchised, so hopefully it does), but it was probably something to start planning 3 weeks ago. If you can't turn up to your shift you'll have a few issues, and it's on your manager and it depends on how good of a relationship you've had with them.

        If it's just once a week, is ubering/biking/etc an option just to get you through until it's sorted?

  • mskeggs on 17/02/2024 - 17:35
    +5

    Personal leave is to be used if you are unwell, or need to care for someone. It isn’t for a vacation like annual leave.
    If you are a casual employee, you earn a higher per hour rate, but do not have personal leave. Leave when you are sick or a career is then unpaid.
    Personal leave is not paid out when leaving a role.

    • nsshr on 17/02/2024 - 17:41

      Yes I do understand that personal leave do not get paid out.

      • bobbified on 17/02/2024 - 20:32
        +1

        If you were to 'somehow' contract covid and have bad symptoms, I bet that would take up a whole chunk of your personal leave!

  • hasher22 on 17/02/2024 - 17:41

    Ask your manager, if you're not comfortable speaking to them, ask HR or payroll.

    Read your EBA but chances are, what you're looking for will prob not state it.

    In general, when an employee changes from permanent to casual in the same company, leave entitlements will need to be paid out but which leave entitlements is up to the employer. My assumption is that only annual leave will be paid out and your remaining sick leave will be discarded the day you're officially a casual employee.

    Your manager should have let you know about your leave payouts when you got the casual contract, this leads me to believe they don't know or just didn't tell you.

    Conclusion: Go ask your manager and/or HR and/or payroll.

    Sources:
    1. https://www.jensenlawyers.com.au/post/changing-staff-from-pe….
    2. https://www.myob.com/au/support/myob-business/payroll/changi…

    Woolworths EBA (assuming it's current and valid): https://www.sda.com.au/media/Woolworths-Supermarkets-Agreeme…
    Section 14.1 C
    "Personal leave accrues progressively. Unused personal leave accumulates from year to year, but is not paid out on termination of employment for any reason."
    - Assumption: This may apply when going from permanent to casual

    • nsshr on 17/02/2024 - 17:53

      Thank you for this.
      as I mentioned I am trying to transfer to another store closer to me to get part time, should I tell them that to wait until I hear from another store. Maybe be I could ask for now just put me on one of my shift and keep someone else for the shift I am not able to get on time and just give me a unpaid leave for that day until I find another store closer to me where I can transfer and get part time contract.

      • hasher22 on 17/02/2024 - 18:00

        If you're trying to change stores and you're currently part-time and wanting to go part-time in the closer store, then your leave (any leave) should remain the same, all they're doing is transferring you to another store.

        BUT…. if your manager is presenting a casual contract, I wouldn't sign it, because your personal leave may be reduced to zero. Then when/if you do get the closer store role as part-time, your personal leave may start at 0.

        My opinion: Don't sign the casual contract, wait until the other store gets back to you, and it should be a store transfer (part-time to part-time). Going from PT (store 1) > Casual (store 1) > PT (Store 2) will have its legal and mental headaches from both stores, HR, payroll, etc…..

        • nsshr on 17/02/2024 - 18:04

          Yes I am trying to transfer to another store but another store also needs to say it is ok to transfer and have shift available and inform me that they can give me part time hours atleast 10 hours per week to keep my contract as part time.

          • hasher22 on 17/02/2024 - 18:05

            @nsshr: If this is the case, then I don't know why your store manager is presenting you a casual contract agreement.

            Wait for store 2's answer, when you get the answer you can be part-time of minimum 10 hours, go back to store 1 and request the transfer.

            But again, I wouldn't sign the casual contract. From the information I have read, this will be a nightmare for all parties to keep converting you.

  • elgrande on 17/02/2024 - 18:01
    +6

    It sounds stressful, you may wish to take some personal leave before you convert to casual to deal with the stress.

    • nsshr on 17/02/2024 - 18:11
      -5

      Just a bad feeling that the personal leave will be gone which accumulated for years working everyday going into casual. But a lesson that often take personal leave like others do and not to accumulate thinking to use in future where it may be needed and not work everyday but also give yourself time off every once in a while to use the personal leave. Accumulating personal leave is not worth it as it seems to me and should be used accordingly as others use it.

      • zonra on 17/02/2024 - 18:13
        +1

        Elgrande is hinting that you also have the option to use up your personal leave before converting to casual.

        • nsshr on 17/02/2024 - 18:23

          Yes will need a doctor certificate stating there is stress and is unfit to work but not sure if the doctor make such certificate.

          • garetz on 17/02/2024 - 23:00
            +1

            @nsshr: A doctors certificate doesn't need to have a reason attached to it, that is personal information between you and the doctor.

          • ChrisLevo on 18/02/2024 - 09:43

            @nsshr: That would also mean that the doctor was lying when issuing such a certificate.

            Why don't you just go to your manager and ask the questions that you are asking random strangers here?

            Being up-front and telling the truth is always the best way to go.

            • nsshr on 18/02/2024 - 14:00

              @ChrisLevo: Well there is some stress but I don't know how such stress leave will work. Because they may get me to go to doctor every few days or week if I take such leave. I want some time off because this is stressful for me. I want to transfer to store closer to me so I don't have long travel time, will be much easier for me. I have to wait for other store response if they are willing to give me part time which is atleast 10 hours to be a parttime employee.

      • Hardlyworkin on 18/02/2024 - 08:41

        That's great to hear that you haven't had to use your personal leave as you've been healthy all this time! It's a bit like insurance, hopefully you never need to use it.

  • Scrooge McDeal on 17/02/2024 - 18:11
    -2

    Hey OP. I think if you already have a contract as a part timer they can't make you a casual without any justification. Those justifications might be low performance (needs to prove that) or they are making people redundant (the position it's no longer available) or the store it's making significant less profit from last year and are dropping people's hours.
    I would advise you not to sign anything until you ask someone from the union.
    If you are not a member you can still sign up to become a member and ask for their assistance.
    I hope I could help.
    Bloody scumbags trying to deceive you…

    • nsshr on 17/02/2024 - 18:18

      There will be justification that i was not able to get to work on time, you’re no longer able to do your assigned shifts, and as I am late there is low performance during that shift.

      I was consistently doing 2 days each week, but since I moved I couldn't get on time to work for one of the shift, as I start early morning, I need to use public transport but public transport doesn't run early morning for me to get to work. i requested if i could start 1 hour late before i moved and made aware of this 2-3 weeks before i moved, they said they couldn't get me to start late, my normal hour starts at 7am in the morning, i requested if i could start at 8am instead as i have more long way to travel which they refused. Currently looking to transfer to a closer store to get part time hours but my manager sent me a casual contract. Because going casual means discarding all accumulated personal leave. Should I ask them to wait until I get reply from another store?

      • Scrooge McDeal on 17/02/2024 - 18:27

        Oh I didn't see that on your post that you wanted to transfer because you moved further away.

        Start using your personal leave and annual leave until you get a transfer somewhere closer.
        Go in-Store at your nearby stores and talk to the managers. Be friendly tell them your strengths explain the situation. That would help.

        Don't sign any casual contract. You will lose your personal leave and your annual leave will be paid out in full that means a shitload of taxes.

  • Scrooge McDeal on 17/02/2024 - 19:06
    1. Roster changes 9.1. Change of Standard Roster
      a. At times Woolworths will need to make changes to standard rosters. When contemplating such roster changes, Woolworths will be mindful of the team member’s needs, including family or carer responsibilities, secondary and tertiary study commitments, religious observance, safe transport home, and any genuine organised sporting commitments which the team member is actively competing in.

    Resolving disputes 22.1. a. b. c. d. Parties to discuss A dispute between a team member (or team members) and Woolworths, including a dispute in relation to i. ii. a matter arising under the Agreement; or the NES; should be discussed in first instance at the workplace level between the team member (or members) and their relevant supervisors or management. At any stage, Woolworths and a team member or team members may appoint another person to accompany and/or represent them for the purposes of this clause, including a trade union listed in clause 1.3. If the dispute remains unresolved, the dispute may be referred to Woolworths People Advisory for it to be escalated to an appropriate representative of Woolworths to assist in resolving the dispute, which may be a more senior member of management or a representative from the Woolworths Culture & People team. If, following escalation under clause 22.1.c, the dispute remains unresolved then the matter may be referred to a senior representative of Woolworths (such as the relevant Employee Relations Manager, Head of Workplace Relations or General Manager) for further discussions.

    I think those are keys from the agreement. It's very reasonable what you are asking. If that's not possible to start later on that day you should discuss alternatives, such work different days and hours.
    Also what your manager it's trying to do I find it sneaky. You would be better of transferring to another store. But for the time been, I would advise you to discuss alternatives with your manager. If that discussion takes you nowhere then union it's the best thing. As soon they hear union then they would possibly make the arrangements faster and smoother.

  • AndyC1 on 17/02/2024 - 19:31
    -1

    we do not have access to the "woolworths agreement", so you will have to read it or post it here for us to look at.

    • CC123 on 17/02/2024 - 19:53
      +2

      Here's a public list of them all and a simplified version of the WW eba

      Edit: Not leaking anything, never worked for WW. Simply searched Woolworths eba and this "simplified confidential" document came up

      • AndyC1 on 17/02/2024 - 20:14
        +1

        OP can do this.

    • hasher22 on 17/02/2024 - 21:40

      EBAs are public

      • AndyC1 on 17/02/2024 - 22:01
        +2

        So why is OP asking if OP can read? Besides being lazy!!!

        • hasher22 on 17/02/2024 - 22:15
          +1

          I worked in a few corporate places, you'd be surprised about how many people don't know what an EBA is or where to find it or who to ask to find it.

          When I worked at Optus, my manager said he can't get it and I called him out and said EBAs are public but I just wanted the updated, current, valid version of the EBA instead of me finding it online through Google. I had to message HR directly for the link and they gave it within 1 hour, also HR ratted me out to my direct manager and cc'ed him stating I should have asked my manager first to get it, which I replied to both the HR rep and my manager stating I did and he stated he couldn't get it. My manager had a little hissy fit that I should have told him to message HR instead of me messaging them to get the EBA cause apparently now he looks bad with HR. Mate, IDGAF, just say you don't know what an EBA is or where/how to get it…. don't say you can't get it and walk off…..

          Thank god I got out of corporate, stupid little BS passive aggressive stuff like that really ticked me off.

          • AndyC1 on 17/02/2024 - 22:43

            @hasher22: Corporate is not easy to navigate and I agree that it is FOO BAR on the employee.

        • nsshr on 18/02/2024 - 07:27

          I am not being lazy. I wanted to ask if there were any other options, suggestions.

  • megadeth on 17/02/2024 - 21:09
    +2

    Get an elective surgery done if you need one and consume the leave. Don't think you can cash it out.

  • morse on 18/02/2024 - 06:20

    Just ask HR if your personal leave will be transferred between roles. There should be a generic HR number or email you can access.

    If you can’t, just take some personal leave before moving.

  • 2024 on 18/02/2024 - 07:20
    +4

    Annual Leave gets paid out (with leave loading) when moving from permanent to casual.

    Sick (personal) leave is abandoned.

  • nsshr on 18/02/2024 - 07:27

    Thank you everyone.

  • RMBC on 18/02/2024 - 08:42
    +1

    There is no requirement under the Fair Work Act to pay out or continue personal leave on the transition of an employee from full or part time to casual

    Therefore, the next step is to review your contract or EBA to determine if there is a requirement to do so under either of those. It's unlikely, but possible.

    Your annual leave will be paid out, unfortunately your personal leave is likely to go

  • Hardlyworkin on 18/02/2024 - 08:44
    +1

    Have you gone to the other stores you want to work at and introduced yourself to the manager? I know everything is online now though it might help, providing one of the managers is a decent person. If you're willing to travel a long way to work, don't use up your personal leave and are experienced, they are good signs to hire you.

    • nsshr on 18/02/2024 - 14:09
      +1

      Yes I went and met, I mentioned I was looking for a store transfer, part time hours atleast 10 hours. I need to hear what they will decide.

  • 2esc on 18/02/2024 - 09:57

    If as a good valuable part time staff member they were not prepared to change your shift thats a huge red flag.

    If you go to casual and they decide they dont need you anymore you wont have a job anymore.

    I think you need to look for a job closer to home.

    • nsshr on 18/02/2024 - 16:05

      Yes there were red flags like specially for me I notice that I need atleast 1 month advance notice if i want to take annual leave, telling me to find my own replacement when trying to take annual leave with 2-3 weeks of notice, getting asked for doctor certificate when I call in sick for a day and be told it will be unpaid without certificate, calling me back and asking me why can't I work after I call in sick for a day telling them that i am not feeling well. And I don't even call in sick often and only rarely do call in sick, but when I do call in sick, when I feel unwell with back ache, cold, leg cramps etc I get those response and in my view for one day sick leave I don't need a doctor certificate if it is only one day sick leave, i can understand requiring certificate if it 2 or more days sick call but for 1 day i dont see it is necessary to get doctors certificate as all I need is some rest to recover, feel better, but I get told those things. Tbh I could clearly see that with me there is different response and with others in my workplace there is different response.

      In my workplace i see that Some of the people call in sick every few days or week which I don't have any issue with because they can do what they like. I just find the different response amusing. When I ask my workplace colleagues, if they get asked for doctors certificate some say they don't, some reply yes they get asked for doctors certificate but they don't give doctors certificate but will still get paid. With Me I get different response as I mentioned above.

      • YesPleaseThankYou on 18/02/2024 - 16:10
        -1

        It's a pity that you did not join a union.

        All of the above should have been reported to the union and addressed.

      • zonra on 18/02/2024 - 16:27

        It seems you’re feeling targeted and emotional about the situation, but I thought I’d address some of these points:
        - Employer asking for doctor’s notes for sick days (regardless of the amount and yes, including 1 day) is completely legal. Whether you get asked or not is entirely up to your employer and your relationship with them. Saying that, a stat dec will suffice in lieu of doctor’s note.
        - Them telling you that you will not get paid without a sick note is also completely legal, regardless of how “unnecessary” you feel about it. It is within their rights to request it. Again, a stat dec will also suffice.
        - Annual leave requiring 2-3 weeks of notice is hardly an issue or uncommon. Regardless of where you work, you can apply for annual leave and they can accept or reject it based on operational convenience, as long as they allow you to take the correct amount each year. Example, if all staff in a retail store apply for leave during peak/Christmas season, you would expect the store to decline most, if not all of these requests.
        As an example, in some of the branches of the company I work for, if you want annual leave during peak period (Christmas, Easter etc.), you’d need to apply 10-18 months in advance. Not great, but unavoidable.
        Similarly, I know of specific staff members being told by HR that they would need doctor’s notes for all sick leave going forward after certain pattern or incidents. Again, completely legal.

        What you have outlined here gives me a vibe that your position is no longer valued, and if it were me I would start looking for employment elsewhere. Life’s too short.
        But also be realistic with your expectations in business arrangements going forward.

        • nsshr on 18/02/2024 - 16:56

          This what there is in agreement

          Taking paid personal leave
          If a team member is not fit to attend work due to a personal illness or injury, where practicable they should notify
          their Store Manager or relevant supervisor as soon as they can prior to the start of their shift. Woolworths
          appreciates being given notice to enable the shift to be filled or other operational changes to be made. When
          notifying Woolworths, the team member should advise the nature of the illness or injury (if it is reasonable to do
          so) and the estimated duration of the team member’s absence.
          14.3. Documentation
          a. Before making a payment to a team member in respect of paid personal leave, Woolworths may require a
          team member to provide evidence in support of their absence as follows:
          Period of Absence in any calendar year
          (Paid and unpaid Personal Leave)
          Documentation that may be required
          First and second single shift absences No documentation required unless the shifts fall on a day before
          or after a public holiday, in which case the rule below applies.
          Any period of sick leave falling on the day before or
          after a public holiday
          A medical certificate issued by a qualified medical practitioner, or
          if not reasonably practicable, a statutory declaration.
          Woolworths Supermarkets Agreement 2018 26
          Two or more consecutive shifts A medical certificate issued by a qualified medical practitioner, or
          if not reasonably practicable, a statutory declaration.
          Third single shift, and any subsequent absences A medical certificate issued by a qualified medical practitioner, or
          if not reasonably practicable, a statutory declaration

          Honestly I would just want to get a transfer now and hope I hear from the store closer to me this week. I will go and visit them again maybe around Thursday if I don't hear anything back from them by then.

          Thank you zonra and everyone.

  • Webber000 on 18/02/2024 - 12:28

    Have you looked into what the price of you getting an uber is for just that 1 trip to work?
    Remember you will be loosing an hour pay if you only start at 8am not 7am.
    I know its not a permanent solution - but maybe a possibility just until you have sorted out a job closer to home.
    I have a feeling you could get zero hours if you sign a casual contract and then have no work, or your store transfer may be harder if your manager has to tell them you keep being late or missing shifts. Maybe the cost of an uber is similar to what you get paid in an hour by getting there on time?
    Or is there anyone who could give you a lift - even part of the way there? Or an uber just part of the way there to a bus that does run on time etc?

  • digitalbath on 18/02/2024 - 13:37
    +1

    How do people not know their own work entitlements?

    • 2esc on 18/02/2024 - 13:55

      Though this is straight forward its not always simple i was once part of a Eba that covered 9 different departmarts with a lot of overlap it was a couple hundred pages long with conflicting information it was a complete mess.

      • digitalbath on 18/02/2024 - 15:12

        And what did you do? Either read it all or ask the relevant employee who would know how to find the answer?
        Something OP should have done prior to consulting with the internet.

  • drfuzzy on 18/02/2024 - 15:23
    -1

    Sick leave is for genuine sickness.

    It is not a piggy bank to cash out from.

    • YesPleaseThankYou on 18/02/2024 - 15:25

      Personal leave, which is what this thread is about, can usually be used for a broad range of purposes, not just for when the employee is sick.

      • drfuzzy on 19/02/2024 - 14:34
        -2

        In what situation can you cash it out one's personal leave as the OP suggests?

  • Haulien on 18/02/2024 - 15:35
    +1

    OK so, first up. If you drop to casual (or resign), any annual/holiday leave and long service leave (if applicable) you have will be paid out. Any personal/sick leave will not. If you really wanna use it, I'd suggest going to a doc and claiming stress leave or something and use it up.

    Second, don't sign anything you're not happy with. Colesworth will try and force you to, but you do have rights. Look at your eba, but generally you get a week or 2 to decide, and dispute changes in that time. This goes with contracts too, not just dropping to casual.

    As you're not with a union (and you should join one, just not the SDA. They suck. Join RAFFWU), you'll have to go through the FWC to do a dispute. https://www.fwc.gov.au/issues-we-help/common-issues-workplac…
    Again, don't sign anything. Promises of "we'll sort it out later if you sign now" are empty and baseless. You sign you're stuck with it.

    So,
    1) contact FWC and ask them for advise. If they're unable to help, then,
    2) consider an uber for that one shift until you can get a transfer to the new store.

    Once you go casual, there's no guarantee you'll get another part/full time contract in the new store.

    Good luck.

    • hasher22 on 18/02/2024 - 18:03

      The interesting thing, OP is already part-time in the current store, why did their manager offer a casual position? Two reasons I can think of is that OP wanted flexible hours and some weeks could be less than the current part-time hours, some weeks could be more. Or their manager is trying to give less hours and/or no hours and maybe trying to get rid of them.

      • Haulien on 20/02/2024 - 14:36

        Bullying tactics. Make the team member think they have no other choice but to sign it. Seen it countless times.

        There's one thing OP asking for more flexibility and asking to drop to casual. But if their manager is offering it directly, then yeah you're on the money. Want to get rid of the team member and offer them no hours going forward.

  • foxpants on 19/02/2024 - 11:05

    How many hours/days have you accrued? Go to a doctor and have them write a medical certificate for stress (or other) leave for roughly the amount of time the accrued leave would cover, so it's not cashed out, but you will get paid them 'normally'. This situation sounds stressful to me, and you're entitled to them, you earned them over years. I absolutely would not feel bad for a split second maximising my personal financial benefit in this situation.

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