Employer taking annual leave entitlement from us for days off when cover has been arranged.

Marcon

juejue74 said:

Cover is always authorised by management after a mutual agreement has been made between employees that the shift is covered. 

The employees who get cover, get the same pay each month as they still do the same hours (making up their leave by covering the same hours for someone else).

Its only recently that agreed cover has been put down as annual leave rather than unpaid leave, without giving us anyting in writing.  

I think you need to talk to your employer about why this change has been introduced  - and why now, if it has been sanctioned (albeit with some degree of informality) in the past. There's not much point anyone here speculating on what's going on, and in the absence of sight of your contracts, staff handbook etc any views are going to be wholly under-informed.

Are you mainly a group of minimum wage employees? If so, I suspect that could be in the mix somewhere in terms  of ensuring you are paid minimum wage - which relates to hours worked in a pay period as well as pay received, and I can see there could be an issue with the former.

sheramber

EnPointe said:

sheramber said:

juejue74 said:

Hi. In my job, if annual leave has been rejected for any reason, or if an absence is needed last minute, we rally among ouselves (employees) to try and get cover for the day/s. More often than not it is agreed between us... i.e., 'you cover me this day and I return the cover for that day', so the shifts are covered. However, our employer has recently informed us (not officially) that they have been taking annual leave entitlement from us for the last few months for days where we found cover, and are going to do this moving forward (if we have any annual leave days left) or we will have it as unpaid if we have no annual leave remaining. Is this legal? There is nothing in writing anywhere in our contracts, and until recently cover has been arranged as unpaid for the absentee (made up again by covering someone else). I hope this makes sense. Thanks.    

Is there anything in your contract that says you can arrange cover to take time off?

why would it be in the contract ? rather than in the rosters and  pay roll policy ?

Replying to the OP's statement  There is nothing in writing anywhere in our contracts, 

EnPointe

Marcon said:

juejue74 said:

Cover is always authorised by management after a mutual agreement has been made between employees that the shift is covered. 

The employees who get cover, get the same pay each month as they still do the same hours (making up their leave by covering the same hours for someone else).

Its only recently that agreed cover has been put down as annual leave rather than unpaid leave, without giving us anyting in writing.  

I think you need to talk to your employer about why this change has been introduced  - and why now, if it has been sanctioned (albeit with some degree of informality) in the past. There's not much point anyone here speculating on what's going on, and in the absence of sight of your contracts, staff handbook etc any views are going to be wholly under-informed.

Are you mainly a group of minimum wage employees? If so, I suspect that could be in the mix somewhere in terms  of ensuring you are paid minimum wage - which relates to hours worked in a pay period as well as pay received, and I can see there could be an issue with the former.

minimum wage has no impact on this  

all that is required is that the hours you work  are reflected in the pay  you recieve 

Tabieth

juejue74 said:

Hi. In my job, if annual leave has been rejected for any reason, or if an absence is needed last minute, we rally among ouselves (employees) to try and get cover for the day/s. More often than not it is agreed between us... i.e., 'you cover me this day and I return the cover for that day', so the shifts are covered. However, our employer has recently informed us (not officially) that they have been taking annual leave entitlement from us for the last few months for days where we found cover, and are going to do this moving forward (if we have any annual leave days left) or we will have it as unpaid if we have no annual leave remaining. Is this legal? There is nothing in writing anywhere in our contracts, and until recently cover has been arranged as unpaid for the absentee (made up again by covering someone else). I hope this makes sense. Thanks.    

I’m not quite sure I understand. It seems someone applies for annual leave, is rejected, gets a colleagues to cover them, and takes the day off anyway. Are staff working their full, contracted hours? If not that needs to be some kind of leave whether it’s annual leave, carers leave, sick leave etc. I may have this wrong but it reads as if staff are taking additional days off and not taking it as leave. If that’s the case it’s unauthorised absence and is a potential disciplinary matter. 

EnPointe

Tabieth said:

juejue74 said:

Hi. In my job, if annual leave has been rejected for any reason, or if an absence is needed last minute, we rally among ouselves (employees) to try and get cover for the day/s. More often than not it is agreed between us... i.e., 'you cover me this day and I return the cover for that day', so the shifts are covered. However, our employer has recently informed us (not officially) that they have been taking annual leave entitlement from us for the last few months for days where we found cover, and are going to do this moving forward (if we have any annual leave days left) or we will have it as unpaid if we have no annual leave remaining. Is this legal? There is nothing in writing anywhere in our contracts, and until recently cover has been arranged as unpaid for the absentee (made up again by covering someone else). I hope this makes sense. Thanks.    

I’m not quite sure I understand. It seems someone applies for annual leave, is rejected, gets a colleagues to cover them, and takes the day off anyway. Are staff working their full, contracted hours? If not that needs to be some kind of leave whether it’s annual leave, carers leave, sick leave etc. I may have this wrong but it reads as if staff are taking additional days off and not taking it as leave. If that’s the case it’s unauthorised absence and is a potential disciplinary matter. 

I think you need to read the OP again  

this is shift swap scenario pure and simple 

Tabieth

EnPointe said:

Tabieth said:

juejue74 said:

Hi. In my job, if annual leave has been rejected for any reason, or if an absence is needed last minute, we rally among ouselves (employees) to try and get cover for the day/s. More often than not it is agreed between us... i.e., 'you cover me this day and I return the cover for that day', so the shifts are covered. However, our employer has recently informed us (not officially) that they have been taking annual leave entitlement from us for the last few months for days where we found cover, and are going to do this moving forward (if we have any annual leave days left) or we will have it as unpaid if we have no annual leave remaining. Is this legal? There is nothing in writing anywhere in our contracts, and until recently cover has been arranged as unpaid for the absentee (made up again by covering someone else). I hope this makes sense. Thanks.    

I’m not quite sure I understand. It seems someone applies for annual leave, is rejected, gets a colleagues to cover them, and takes the day off anyway. Are staff working their full, contracted hours? If not that needs to be some kind of leave whether it’s annual leave, carers leave, sick leave etc. I may have this wrong but it reads as if staff are taking additional days off and not taking it as leave. If that’s the case it’s unauthorised absence and is a potential disciplinary matter. 

I think you need to read the OP again  

this is shift swap scenario pure and simple 

That’s what I can’t quite figure out. If it is a straight swift swop then that’s obviously very different. 

luckbox

EnPointe said:

minimum wage has no impact on this  

all that is required is that the hours you work  are reflected in the pay  you recieve 

It does if the person on minimum wage that covers a shift with a view to get their free day off at some point in the future works more hours than contracted in a pay cycle and then the employer will pay them less than minimum wage for hours worked. Perhaps the company got found out?

EnPointe

luckbox said:

EnPointe said:

minimum wage has no impact on this  

all that is required is that the hours you work  are reflected in the pay  you recieve 

It does if the person on minimum wage that covers a shift with a view to get their free day off at some point in the future works more hours than contracted in a pay cycle and then the employer will pay them less than minimum wage for hours worked. Perhaps the company got found out?

only if pay  is not adjusted AND the swap  goers across pay periods