SA Difference Between Annual Leave and Unpaid Leave?

Hi,

I was hoping someone could assist me. I started a new job in November last year and I had to take some unpaid leave in January due to child care being closed. I took 5 days in total.

My employer is now saying that those 5 days have to be included in my 20 day annual leave allowance. Is this correct?

My understanding was that as these days were unpaid they are in addition to my 20 days. Please can someone help whether my employer can legally do this?

Thanks

Lance said:

Hi Susie,

No that doesn't sound right at all. The annual leave allowance is of course paid leave and it sounds like your employer is trying to deduct your leave days from you without having to pay for them. Very dodgy. They are effectively trying to remove 5 days pay from you.

I wouldn't go straight to the fairwork ombudsman at the risk of putting your employer off side. I would just suggest if they want those 5 days to be deducted from 20 day allowance they will need to back pay you 5 days pay or the 20 days annual leave should still be available.

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Thanks Lance. I had a feeling what they are trying to do isn't right. For me it's not so much the issue with the pay it's that I need the additional days leave. I have a young family and when school and OSCH are closed over Christmas I have no other option than to take the time off as I have no other care for my children.

The fact my employer is insisting the time I took in January counts to the 20 days means I will not have sufficient leave left to take later in the year. This is going to cause me problems later in the year. As if they don't give me the time off required to care for my children it will mean that I would have to resign.

Lance said:

Hi Susie,

Your boss sounds pretty dodgy. I wonder if he would try to take annual leave off you if you will sick for 5 days as well as the 5 days sick leave. Report it to fairwork before you even think of resigning.

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Thanks Lance. I think I will go to fairwork but it's good to get a sounding board that this isn't right.