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February 11, 2021

Question from Mary Bird ([email protected])

An employee who works a 76-hour fortnight, has been working additional hours (by agreement) on a particular project deadline. After working 94.7 hours in the fortnight (with more days rostered) he took a personal leave day. Is this valid or, because of the extra hours worked – the employee stays at home but no leave is given?
thanks

Hi Mary

Employees are entitled to sick leave for the hours they would normally work during the period they took leave (this does not include overtime hours). For example, if the employee usually works Monday-Friday 9am-5pm and they are rostered an overtime shift Saturday 9am-3pm, they would not be paid sick leave for the Saturday shift if they are sick that day. Alternatively, if the employee usually works Monday-Friday 9am-5pm and they are rostered to work Friday from 9am-7pm but are sick on the Friday, the employee would be entitled to sick leave for their normal hours of 9am-5pm (not the additional 2 hours).

Kind regards

Ella Clements

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