Wage deduction

WestonDave

Legally the first two days you were out would (in the absence of other contractual arrangements) be dependants leave which is unpaid. However there is a legal limit on this time off because it is designed to enable you to make arrangements for care for a dependant (like your wife in this instance) and the law determines that two days is enough for you to find someone for longer term care.


So the third day would technically be absence without leave and leave you liable for disciplinary proceedings (albeit the lack of a contract doesn't help their cause) for not being there when you had neither booked holiday nor have a medical reason for being unfit for work yourself.


On that basis whilst there could be an argument that there is an established practice as you describe of allowing people to take time off as holiday, the fact that you exceeded the legal limit for dependants leave makes this a bit of a grey area. The colleague who only took one day off wouldn't have exceeded that limit so is not comparable.

Guest101

It's parental leave, and it should really be for no more than 2 days, usually it's unpaid.


What do you mean hours worked extra?

annandale

He's had his overtime deducted from his wage due to being off work

marliepanda

mikehobbs wrote: »

He's just put absenteeism so I can't tell if he has, also can you take overtime off a wage when it's hours worked extra ?

Well how can you tell that he's taken off your 8 hours.

What's your hourly/day rate? How many hours/days have been taken off your wage?

First you say he deducted your overtime, then you say you can't tell if he has?

Guest101

annandale wrote: »

He's had his overtime deducted from his wage due to being off work

Need further clarification.


Is overtime paid at a rate higher than 1x?

mikehobbs

As for the overtime it is paid at a higher rate, and I know it's been taken off as it isn't itemised on my pay slip, people have said to me in past that he can't take overtime off my pay as that's extra work done and the absenteeism deduction should be from the standard wage amount, and overtime paid as it's extra, I welcome all the info cheers

marliepanda

How does your overtime work?

Does taking three days off mean you didn't actually do any time over your normal after all?

mikehobbs

To be honest with not having a contract to look at I'm guessing it will be that way

annandale

An overtime shift wouldn't be deducted in my workplace if I took unpaid time off. If the OP has had the time taken off him for the absent days, why the need to take the overtime as well?

I think OP, you need more advice than you might get on here, maybe go and see citizens advice

marliepanda

annandale wrote: »

An overtime shift wouldn't be deducted in my workplace if I took unpaid time off. If the OP has had the time taken off him for the absent days, why the need to take the overtime as well?

I think OP, you need more advice than you might get on here, maybe go and see citizens advice

Well firstly he doesn't say that he has been doubly penalised. He says he can't tell what has been taken off. I asked him what his pay rate was so he can work out what has 'actually' been taken, but he hasn't given that information. All he knows is he has no overtime bonus paid.

If for example, overtime was based on hours over the week/2weeks/month it may be that he didn't actually end up doing overtime after all. For example, where my dad used to work, overtime was anything over a certain amount of hours per two weeks. So if he did a day 'overtime' but then took a day off, he'd be paid for the 'overtime' at his normal rate, as it wasn't overtime at all.

That could work differently for holiday/sickness, but this isn't holiday sickness. It's being off work.

We don't have enough info and OP has not given us enough info to actually work it out.