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tictacjunkie
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Topic: Employment law/stat hol help? Posted: 13 December 2010 at 9:16am |
I've tried looking on the "proper" sites but either I'm blind or there's nothing there. DH will be working from 24th Dec through til thurs the friday after New Years, so he'll be working all the Stat days. My question is- I know he gets a day in lieu for working the actual days, but does he get days in lieu for working the day "observed" as well? i.e he's working Christmas Day, boxing day, then the monday & tuesday, does he get 2 days in lieu or 4? (& the New Year's bit too?). Thanks.
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tictacjunkie
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Posted: 13 December 2010 at 9:20am |
By the way, he's not trying to get more from his employer than what he's entitled too, just making sure he gets it if he is entitled. And I've had my brain (& other peoples) doing flipflops trying to figure it out.
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Mucky_Tiger
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Posted: 13 December 2010 at 9:38am |
if he normally works sat and sun he will get the day in lieu for them days.
if he normally works monday-friday then he will get them for the observed days.
you cant get them twice.
so he will get 25th,26th, 1st, & 2nd at time and a half (or double pay - depending on his contract) and 4 days in lieu total
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monkeys
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Posted: 13 December 2010 at 9:44am |
As Mucky Tiger said, the stat days are given for the day you are normally rostered to work :-)
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tictacjunkie
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Posted: 13 December 2010 at 10:22am |
Hmm, he normally works every second weekend & has swapped with someone who wanted new years off, so he would normally be working all those days, hence the confusion. 4 days total is still pretty cool though, considering he didn't want to spend christmas with my family anyway (neither do I, lol), & we haven't done new years for about 10years either.
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tictacjunkie
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Posted: 13 December 2010 at 10:26am |
I suppose looking at it from another angle everyone else would only be entitled to two days off for christmas, so why should he get 4? That makes sense doesn't it?
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amme_eilyk
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Posted: 13 December 2010 at 10:37am |
you get the working day or the observed day, not both.
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tictacjunkie
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Posted: 13 December 2010 at 11:08am |
Cool, thanks everyone, =), I swear the starter motor in my brain just doesn't work anymore! =)
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HoneybunsMa
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Posted: 13 December 2010 at 1:23pm |
I see you've got your answer. Just wanted to add its normally written in the contract. I know I normally do that. if you happen to be rostered on for this time period and it falls on sat/sun then you only get paid for the actual day.
I've always worked restaurants/retail where holidays aren't mondayised
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Kalimirella
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Posted: 13 December 2010 at 7:04pm |
I just think the observed holiday bit is stupid. However if your Dh isn't usually working the weekend of the new years, it could be argued he only gets 2 days in lieu for christmas.
On the observed stuff, why did we ever need that to come in? the days change every year and out of every 7 years 4 years are going to fall on a weekday.
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monkeys
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Posted: 13 December 2010 at 7:10pm |
I kinda agree Karimella but then this year I would feel rather ripped off, as we wouldn't get long weekends for xmas or new year, and then Anzac day falls on easter so don't get that either so we would essentially lose about 1/2 our public holidays.
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Nutella
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Posted: 13 December 2010 at 7:47pm |
it would suck if didn't have the observed days...public holidays rock haha!
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tictacjunkie
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Posted: 14 December 2010 at 1:32am |
Lol, wait til they change it in a haze of political correctness to people being able to pick & choose which religious holidays they observe, e.g Jewish, Islamic etc. DH just wants to know how long he'll be able to take off to put in a ranchslider, bit hard to get diy done when he doesn't get any time off. I get annoyed with the whole garden centre Easter thing. Not so much that they get fined/can't open etc, but that every single year it's a leading story on the 6 o'clock news!?
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jaz
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Posted: 16 December 2010 at 6:43pm |
He may end up with none of them though, if he's swapped with someone. If they are a seven day a week operation they won't transfer the holidays from Saturday and Sunday to the Monday and Tuesday. If he isn't usually rostered to work on the Saturday (New Years Day) he should just get paid normal time.
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