QLD Personal Leave - Was I Entitled to a Swap Shift?

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LuvlyBtDed

Member
15 March 2017
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I am a permanent part time shift worker. I have been employed PPT for 4 months now. I rang in sick for one day and my employer did not pay me personal leave for the day. Employer did not request proof of sickness. Was I entitled to a paid personal leave after continuous working for 4 months?

I signed a Swap Shift form at work with other staff member. The employer approved it. Employer changed their mind and "unapproved" it. Instead, Employer asked me to take an Annual Leave for that swap shift day.

I think it was not right so I decided not to take the Annual Leave but demanded my entitlement of a swap shift day. Employer refused and I lost a day of pay. Was the Employer right?
 

Rod

Lawyer
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27 May 2014
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No. Check your pay slips. They should state how much sick/personal leave you have and you are entitled to use it. The fact that the employer didn't ask for a certificate is important and helps your case.
 

LuvlyBtDed

Member
15 March 2017
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1
Thank you Rod for your reply, much appreciated.

Our payslip do not show sick/personal leave accruals, only Annual Leave and Long Service.
 

Rod

Lawyer
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27 May 2014
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OK, pity. Then you have to ask for your leave balance and by law the employer must tell you.
 

LuvlyBtDed

Member
15 March 2017
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I have asked Payearoll Department but they said "ask the Manager", so I did but the Manager refused to disclose the leave balance.
 

Rod

Lawyer
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27 May 2014
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Depends how strongly you want to make an issue of one day's pay.

You can suggest that refusal to tell is a contravention on the Fair Work Act and both the manager and the company can be fined for not disclosing your leave balances on request.

You can contact the Fair Work Ombudsman to verify.
 

LuvlyBtDed

Member
15 March 2017
4
0
1
Thank you Rod.

I have given them notice to give me a reasonable explanation before I can make contact with Fair Work Ombudsman. It's been three days with no reply. If I don't get a reply tomorrow, I will contact Fair Work.