Ask Shaye
Annual leave used to maintain contracted hours
I work in a public hospital and wasn’t rostered my usual hours. One shift was then paid as annual leave, to maintain my contracted hours without my knowledge. Can they do that?
In short, no. You should be rostered your contracted hours, and any shortfall cannot be arbitrarily made up by using your annual leave. Furthermore, Clause 30(vi) of the Public Health System Nurses’ and Midwives’ (State) Award, makes clear that the use of single annual leave days can only occur if “convenient to both the employer and the employee”, i.e., by mutual agreement.