LEAVE ENTITLEMENTS 17 September 2009

Public Service Association

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LEAVE ENTITLEMENTS FOR MEMBERS ROSTERED OVER 7 DAYS

5 WEEKS LEAVE
It is important for Public Service Association (PSA) members who are rostered over 7 days to check that they are receiving the correct Annual Leave Entitlements.

Part 7 of the SA Health (Health Care Act) Human Resources Manual (HR Manual) was updated in October 2008, without adequate consultation, with the Unions, to:

“Additional leave is to be granted to employees who are regularly rostered to work over seven days, including at least half the Sundays and Public Holidays occurring in a year...........”

Health workers were not previously required to work 50% of Sundays and Public Holidays.

The Public Service Association initially raised concerns with SA Health in respect of PSA members who were rostered over 7 days and who, some employers considered were now ineligible for the 5 weeks annual leave entitlement.

This situation was even more prevalent in SA Pathology when it came to light with the different interpretations of Clause 7.3 of the HR Manual, between the former IMVS sites and the other sites at FMC and WCH. The PSA understands that health units also raised concerns about the changes to Part 7.3.

At the bi-monthly SA Health Industrial Relations Forum the PSA and the other unions involved (ANF, SASMOA, LHMU and APESMA) raised the issue in relation to a number of errors contained within the HR Manual and corrections being made without consultation.

The PSA understands that after investigations by the Department of Health it was found that the 50% rule should not have applied to SAHC Act employees and IMVS Act employees (now Health Care Act employees) working over seven (7) days per week. This occurred as an outcome of discussions with the then Public Sector Workforce Relations, now part of Department of Premier & Cabinet.

Therefore, as a consequence Part 7.3 (Employees rostered over 7 days per week) will be changed to reflect the HR Manual provisions prior to the October 2008 Update (eg. the March 2006 Update). The following provision will be reflected in the upcoming update of the HR Manual as follows:

“Additional leave is to be granted to seven day week workers who are rostered, on a rotating basis, to work over seven days including Sundays and public holidays.

The entitlement for these employees is 2 1/12 working days for each completed month of service (= 25 working days for service year).”

The PSA is aware that health units have now been advised to consult with the affected employee groups and their union(s) in relation to the above and to make, where any arrears are owing/adjustments to leave entitlements where employee may been been disadvantaged as a consequence of the change to Part 7.3, Employees rostered over 7 days per week during the October 2008 update.

PSA members are reminded that:

ANNUAL LEAVE LOADING - Public Service (Recreational Leave Loading) Award
If you are a shift worker, or a seven-day week worker, Recreation Leave Loading is 20% of salary (for other workers 17.5%) up to

(a) a maximum (currently) $683.40, or

(b) the allowances and penalties payable had the employee not been on leave during the relevant period (whichever is the greater)

i.e. when (b) applies there is no maximum or ceiling. Members are advised that to ensure you are paid correctly it is important that a roster is submitted (reflecting shifts that should have been worked) when applying for annual leave.

PUBLIC HOLIDAY DUTY
The SA Public Sector Salaried Employees Interim Award (SAPSSE(I) Award) Clause 6.2, and the Medical Scientists (South Australian Public Sector) Award Clause 6.3.1.5, allows for members to choose to be paid either 250%, or 150% and an extra day off in lieu, which may be taken in conjunction with annual leave.

PUBLIC HOLIDAY FALLS ON A PROGRAMMED DAY OFF
Clause 6.3 of the SAPSSE(I) Award entitles members to an alternative programmed day off if the employee's programmed day off falls on a Public Holiday.

PUBLIC HOLIDAY FALLS ON A ROSTERED DAY OFF
Clause 6.4 of the SAPSSE(I) Award and the Medical Scientist Award, entitles members whose rostered day off falls on a public holiday to an additional day's pay for the time that they would have usually worked on that day of the week (between Monday and Friday). If the employer and employee agree, in lieu of an extra day's pays, the employee will be given an alternative rostered day off, on the working day immediately preceding or immediately following the public holiday, or as soon as practicable thereafter.

17 September 2009