Dear OzBargain members, just a question if anyone can help would be really appreciated.
If I am rostered on days I am not contracted, ie my normal shift is Wednesday to Friday, but got requested to work on Tuesday for one week.
If I am sick on that Tuesday, do I get paid sick leave?
I can't find any information on Fairwork website for my scenario.
sick for the whole week, so tue to friday. i am just trying to get some help regarding legislation side of the thing.
Jimothy's Panda welcome to country ceremony. Didn't you get an invite?
Is the extra shift overtime or normal rate?
normal rate
Cool. I was just curious. I can't help you out on this occasion.
It depends how your contract. For a start, are you a causal or part time employee?
permanent part time.
Then it's sick leave if at normal rate & not O/T.
If the extra day would have contributed to your sick leave accrual and you have enough sick leave accrued, then you'd be entitiled to paid leave on the Tuesday.
are u able to link the information please?
Does this correspond with your employment arrangement? Are you engaged as a full-time or part-time employee?
https://www.fairwork.gov.au/leave/sick-and-carers-leave/paid…
https://library.fairwork.gov.au/viewer/?krn=K600635
this is where i searched too, however it doesn't state non regular contracted shifts.
If your contract states your normal hours, then that is what you are allowed to claim sick leave for, and no more.
ok, my contract doesn't includes tue, it was an extra requested shift from employee.
Talk to your union. That is what they are there for.
no union for my job
Create a union and provide your own advise advice. Winning.
There's a union for every worker. Whether or not they will be of use is another subject
If it’s additional hours in total ie you are contracted to work 24hrs per week but were asked to work 30hrs per week on a non-permanent basis, no I don’t think you can take sick leave for the additional 8hrs. However you should be getting overtime rates for those additional 8hrs if you actually work them. If it’s just a change in shift pattern and you’re doing your usual 24hrs just on different days, yes I believe you could claim sick leave for all your contracted hours, including those that fall into on a different day.
However you should be getting overtime rates for those additional 8hrs if you actually work them
Unfortunately some agreements state that overtime is not paid until you exceed the total full time hours for the week/fortnight.
eg permanent part-time 7.6hr per day Mon - Wed - work additional 7.6hr Thursday and only gets normal time pay as have not exceeded the 38hrs in a full-time week.
It's even worse if they use fortnightly hours for the calculation - you have to work more than 76 hours at single pay before overtime kicks in.
(Example is taken from a large, multinational business based in Sydney that I know has had these conditions for many years)
to give everyone an update: spoke to fairwork, basically the rule is:
2, if no written agreement, then it is overtime, no sick leave is payable.
Where is the party that you're going to on Tuesday?