New Job - Annual Leave
Jul 3rd 2005, 11:42 am
#1
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Thread Starter
Joined: Feb 2005
Location: Sunshine Coast
Posts: 184
New Job - Annual Leave
Hi,
Can anyone enlighten me on annual leave in Oz? I'm going through my contract for a new job (my first here) and nearly fell off my seat when I read this clause:-
'Four weeks annual leave is available after completion of each 12 months of service and is not to be taken before the first 12 months, except under pressing personal circumstances.'
Is needing a break reason enough? 
Is this normal.....I couldn't imagine working for 12 months with no break.......has this happened to others? Surely this is counter productive.
Thanks for any replies......
Can anyone enlighten me on annual leave in Oz? I'm going through my contract for a new job (my first here) and nearly fell off my seat when I read this clause:-
'Four weeks annual leave is available after completion of each 12 months of service and is not to be taken before the first 12 months, except under pressing personal circumstances.'
Is needing a break reason enough? Is this normal.....I couldn't imagine working for 12 months with no break.......has this happened to others? Surely this is counter productive.
Thanks for any replies......
Jul 3rd 2005, 11:59 am
#2
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Location: Redneck Wonderland
Posts: 9,932
Re: New Job - Annual Leave
Originally Posted by flumper
Hi,
Can anyone enlighten me on annual leave in Oz? I'm going through my contract for a new job (my first here) and nearly fell off my seat when I read this clause:-
'Four weeks annual leave is available after completion of each 12 months of service and is not to be taken before the first 12 months, except under pressing personal circumstances.' Is needing a break reason enough?
Is this normal.....I couldn't imagine working for 12 months with no break.......has this happened to others? Surely this is counter productive.
Thanks for any replies......
Can anyone enlighten me on annual leave in Oz? I'm going through my contract for a new job (my first here) and nearly fell off my seat when I read this clause:-
'Four weeks annual leave is available after completion of each 12 months of service and is not to be taken before the first 12 months, except under pressing personal circumstances.'
Is needing a break reason enough? Is this normal.....I couldn't imagine working for 12 months with no break.......has this happened to others? Surely this is counter productive.
Thanks for any replies......
Jul 3rd 2005, 12:08 pm
#3
da Bonehead
Joined: Jan 2004
Location: Lion in da jungle
Posts: 22,767
Re: New Job - Annual Leave
I think you will find that 4 weeks annual holiday is the norm over here but I am dubious about the arrears bit.
My company is earn as you go basis = you earn them as soon as you start working for them.......no 12 month wait.
I can't see many people wearing that one and reckon it is a try on.
My company is earn as you go basis = you earn them as soon as you start working for them.......no 12 month wait.
I can't see many people wearing that one and reckon it is a try on.
Jul 3rd 2005, 12:15 pm
#4
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Re: New Job - Annual Leave
Originally Posted by Bix
I think you will find that 4 weeks annual holiday is the norm over here but I am dubious about the arrears bit.
My company is earn as you go basis = you earn them as soon as you start working for them.......no 12 month wait.
I can't see many people wearing that one and reckon it is a try on.
My company is earn as you go basis = you earn them as soon as you start working for them.......no 12 month wait.
I can't see many people wearing that one and reckon it is a try on.
Exactly! and I've actually started - had to wait a full week to get the damn contract to then read this and realise hols. are not pro rata. This is a large, well thought of employer in this area - no names of course!
Going in tomorrow to question this.
Jul 3rd 2005, 12:20 pm
#5
Cheesy Member
Joined: Jul 2003
Location: Brisbane
Posts: 1,033
Re: New Job - Annual Leave
Same here.
I get 20 days and earn 1.6 ish each month. I can take them once I have earned them (in fact, I can take them in advance, but only because I have an enlightened boss and have been with the company for more than 5 years).
I would ask them to confirm this and ask about taking leave once it has been accrued. If they agree, get it in writing.
Cheers,
DagBoy
I get 20 days and earn 1.6 ish each month. I can take them once I have earned them (in fact, I can take them in advance, but only because I have an enlightened boss and have been with the company for more than 5 years).
I would ask them to confirm this and ask about taking leave once it has been accrued. If they agree, get it in writing.
Cheers,
DagBoy
Jul 3rd 2005, 12:28 pm
#6
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Joined: Sep 2001
Location: Sydney
Posts: 3,014
Re: New Job - Annual Leave
Originally Posted by DagBoy
Same here.
I get 20 days and earn 1.6 ish each month. I can take them once I have earned them (in fact, I can take them in advance, but only because I have an enlightened boss and have been with the company for more than 5 years).
I would ask them to confirm this and ask about taking leave once it has been accrued. If they agree, get it in writing.
Cheers,
DagBoy
I get 20 days and earn 1.6 ish each month. I can take them once I have earned them (in fact, I can take them in advance, but only because I have an enlightened boss and have been with the company for more than 5 years).
I would ask them to confirm this and ask about taking leave once it has been accrued. If they agree, get it in writing.
Cheers,
DagBoy
My husband started a new job and it was very important to have our planned leave - he stated it is the interview and still ended up taking unpaid. Dagboy is right you need enlightened employers who trust you in advance.
If you get a personal advance I agree - get it in writing.
Jul 3rd 2005, 12:39 pm
#7
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Re: New Job - Annual Leave
Thanks for all the replies.
20 days is fine but to wait 12 months for a break is far from fine!
There have been a few things that they have withheld inc. hours of work and now this. I was offered the job on a Thursday and started the following Monday - I insisted I see the contract before starting but they said they were needing me asap at it was year-end. One week on I get the contract and things are not what I was told at interview. Now they also say that I may have to work a Thursday evening and Saturday on a rota basis on top of the 40 hrs a week!! :scared: I'm going in tomorrow to sort it out or tell them where to stick it.
....and its an office based job!
20 days is fine but to wait 12 months for a break is far from fine!
There have been a few things that they have withheld inc. hours of work and now this. I was offered the job on a Thursday and started the following Monday - I insisted I see the contract before starting but they said they were needing me asap at it was year-end. One week on I get the contract and things are not what I was told at interview. Now they also say that I may have to work a Thursday evening and Saturday on a rota basis on top of the 40 hrs a week!! :scared: I'm going in tomorrow to sort it out or tell them where to stick it.
....and its an office based job!
Jul 3rd 2005, 12:57 pm
#8
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Joined: Sep 2001
Location: Sydney
Posts: 3,014
Re: New Job - Annual Leave
Originally Posted by flumper
Thanks for all the replies.
20 days is fine but to wait 12 months for a break is far from fine!
There have been a few things that they have withheld inc. hours of work and now this. I was offered the job on a Thursday and started the following Monday - I insisted I see the contract before starting but they said they were needing me asap at it was year-end. One week on I get the contract and things are not what I was told at interview. Now they also say that I may have to work a Thursday evening and Saturday on a rota basis on top of the 40 hrs a week!! :scared: I'm going in tomorrow to sort it out or tell them where to stick it.
....and its an office based job!
20 days is fine but to wait 12 months for a break is far from fine!
There have been a few things that they have withheld inc. hours of work and now this. I was offered the job on a Thursday and started the following Monday - I insisted I see the contract before starting but they said they were needing me asap at it was year-end. One week on I get the contract and things are not what I was told at interview. Now they also say that I may have to work a Thursday evening and Saturday on a rota basis on top of the 40 hrs a week!! :scared: I'm going in tomorrow to sort it out or tell them where to stick it.
....and its an office based job!
Go in and talk to them about the holidays and what you need over the next year. They could seriously need you and with a chat you will have what you need.
As far as the rosta for Thursdays and Weekends....check out how likely it is they work them (ask fellow colleagues) again they can have over the top contracts but the bloody hours never happen! If they do happen then leave - (after you have the Aus experience
)But like the Hitchikers Guide - DO NOT PANIC - it is a little bit new and sounds far worse than it is. Believe me I have been there and whinged about it!! And I work in Payroll.
Last edited by Sandra; Jul 3rd 2005 at 12:59 pm.
Jul 3rd 2005, 1:00 pm
#9
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Re: New Job - Annual Leave
A common condition for annual leave should be like this one:
I've only ever had one job here, and I was able to take paid annual leave during the first year. My wife has also always been able to do the same in her jobs.
Looks like they are trying to take advantage of you.
It's a pity the "official" rules don't spell it out more like the above, instead of as follows: (note: Sick Leave is done correctly ! )
You do not receive your annual leave accrual in bulk at the end of the year, instead you receive it monthly. This means you do not have to wait until the end of your first year to take annual leave, you are able to take it as it accrues.
Looks like they are trying to take advantage of you.
It's a pity the "official" rules don't spell it out more like the above, instead of as follows: (note: Sick Leave is done correctly ! )
As from 1 July 1999 the Industrial Relations Act 1999 provides that minimum leave entitlements apply to all Queensland employees (excluding those covered by federal awards or agreements).
Unless otherwise indicated these entitlements do not apply to casuals (to view our page on casual entitlements), pieceworkers or school-based apprentices and trainees.
Generally employees are entitled to:
For each completed year of employment 4 weeks paid annual leave. (Five weeks paid annual leave for shift workers - as defined). An additional 17.5% leave loading applies only to employees covered by awards or agreements.
8 days paid sick leave per year, accruing at the rate of 1 day for each 6 weeks service.
Long service leave on the basis of 8.6667 weeks leave after 10 years service.
Parental leave, which is usually unpaid leave available when an employee becomes pregnant or adopts.
Use of up to 5 days paid sick leave per year (i.e. carer's leave) to care for and support members of their immediate family, or household, who are ill.
At least 2 days paid bereavement leave on the death of a member of their immediate family, or household, in Australia.
Paid public holidays, if they would ordinarily be required to work on a day on which a public holiday falls.
http://www.wageline.qld.gov.au/condi...itlements.html
Unless otherwise indicated these entitlements do not apply to casuals (to view our page on casual entitlements), pieceworkers or school-based apprentices and trainees.
Generally employees are entitled to:
For each completed year of employment 4 weeks paid annual leave. (Five weeks paid annual leave for shift workers - as defined). An additional 17.5% leave loading applies only to employees covered by awards or agreements.
8 days paid sick leave per year, accruing at the rate of 1 day for each 6 weeks service.
Long service leave on the basis of 8.6667 weeks leave after 10 years service.
Parental leave, which is usually unpaid leave available when an employee becomes pregnant or adopts.
Use of up to 5 days paid sick leave per year (i.e. carer's leave) to care for and support members of their immediate family, or household, who are ill.
At least 2 days paid bereavement leave on the death of a member of their immediate family, or household, in Australia.
Paid public holidays, if they would ordinarily be required to work on a day on which a public holiday falls.
http://www.wageline.qld.gov.au/condi...itlements.html
Jul 3rd 2005, 1:01 pm
#10
da Bonehead
Joined: Jan 2004
Location: Lion in da jungle
Posts: 22,767
Re: New Job - Annual Leave
Keep your cool when you do see them.
Your chances of success will be diminished if you go in there f'ing and blinding.
Calmly point out that there are unfortunate errors in the written contract as it does not confirm the verbal contract details so if they could amend those items you will be happy to sign.
If they clearly will not alter the terms to your satisfaction my personal advice would be to step back without too much confrontation. Apologise as you can't sign immediately as you need some time to think about what is effectively a new job offer to you due to these changes.
They probably won't chase you for it for several days which gives you the time to look elsewhere if that's how you feel. Better to be doing this whilst in employment.
Of course if they are shysters you will get nowhere so only you can decide at what point you tell them to stick it where the sun don't shine or go forth and multiply.
Your chances of success will be diminished if you go in there f'ing and blinding.
Calmly point out that there are unfortunate errors in the written contract as it does not confirm the verbal contract details so if they could amend those items you will be happy to sign.
If they clearly will not alter the terms to your satisfaction my personal advice would be to step back without too much confrontation. Apologise as you can't sign immediately as you need some time to think about what is effectively a new job offer to you due to these changes.
They probably won't chase you for it for several days which gives you the time to look elsewhere if that's how you feel. Better to be doing this whilst in employment.
Of course if they are shysters you will get nowhere so only you can decide at what point you tell them to stick it where the sun don't shine or go forth and multiply.
Jul 3rd 2005, 1:50 pm
#11
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,814
Re: New Job - Annual Leave
We had a long thread on exactly this subject when I worked for a large Qld motoring organisation last year. The contract there stated No Leave until I had been there 12 months, and after a lot of research we found that this is (unfortunately) perfectly legal. Although you accrue the leave at so many days oer month worked, you can't take it as paid leave until after you have worked there for a year. By doing a lot of grovelling I got a week off for my honeymoon, but it was unpaid, and it was made clear they were doing me a favour.
Some companies - and the govt, where I now work, will allow you to take it once you have accrued it - more like the British system. Beware also of the Christmas/New Year situation. Many companies close over this time, and they make you take a certain amount of your leave then, whether you want to or not - check it now, as it was a shock to me last year to have to use 3 days leave when I would rather have been working!!!
Some companies - and the govt, where I now work, will allow you to take it once you have accrued it - more like the British system. Beware also of the Christmas/New Year situation. Many companies close over this time, and they make you take a certain amount of your leave then, whether you want to or not - check it now, as it was a shock to me last year to have to use 3 days leave when I would rather have been working!!!
Jul 4th 2005, 2:33 am
#12
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Location: North Lakes/Mango Hill, Brisbane
Posts: 1,134
Re: New Job - Annual Leave
My wife worked for the Commonwealth Bank for 3 months and it was exactly the same (no paid leave for 12 months)!! No wonder they made $1.6 million profiit last fiscal year.
She told them to stick thier job where the sun don't shine
She told them to stick thier job where the sun don't shine
Jul 4th 2005, 2:41 am
#13
Banned
Joined: Mar 2003
Posts: 4,432
Re: New Job - Annual Leave
Well, if you worked on an hourly contract you wouldn't have to worry - just take your leave without pay when the contract terminated.
Jul 4th 2005, 3:52 am
#14
Drunken Aussie
Joined: Jun 2003
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Posts: 1,080
Re: New Job - Annual Leave
same where i work. must have worked a full year before you can take leave. i have had two very good managers who were happy for me to take holiday that i hadn't even accrued (i.e i'd only accrued 3 days leave, but they let me take 7). you may be lucky like me.
Jul 4th 2005, 4:30 am
#15
Joined: Dec 2003
Location: Hillarys, Perth
Posts: 3,973
Re: New Job - Annual Leave
Looks like a trend...lol. My contract also said 4 weeks after 12 months but here I am taking 2 weeks holiday after working here only 4 and a half months.
I think it really does depend on your company and your boss. My holiday time can be a bit sticky as my boss and I have to coordinate with each others travel schedules. This factored in I'm sure.
All I did was ask...
Siren
I think it really does depend on your company and your boss. My holiday time can be a bit sticky as my boss and I have to coordinate with each others travel schedules. This factored in I'm sure.
All I did was ask...
Siren