Speak Out December 2018

Pay and leave over the Christmas shutdown period THE END OF 2018 IS FAST APPROACHING AND IT'S TIME TO START THINKING ABOUT WHAT HAPPENS IN REGARDS TO LEAVE AND PAY OVER CHRISTMAS AND NEW YEAR AS MANY SPEECH PATHOLOGY PRACTICES SHUT DOWN OR RUN ON SKELETON STAFF OVER THE HOLIDAY PERIOD.

Please note: this award clause cannot be invoked for practices that are not part of a dental or medical practice/allied health practice. As this would be the current arrangement for many speech pathology practices, it is important practices have clear employment agreements in place or policies and procedures referring to this clause otherwise staff cannot be directed to take leave as part of a Christmas shutdown. Working during a shut down If employees continue to work when a business shuts down, they should be paid as normal. If any of the days are public holidays, these days are treated as public holidays. This means the employee should be given the day off without loss of pay or they should be paid public holiday rates as per the award. If you have any questions as either an employee or employer, contact Fairwork www.fairwork.gov.au or as a member benefit, get free initial general advice from WorkPlacePLUS on 0419 533434.

How employees are paid over this period depends on: • the award or agreement they're covered by and • whether they're working or on leave. Directing an employee to take annual leave An employee can be directed to take annual leave during a shut down if their award or registered agreement allows it. Most awards have rules about how and when an employer can direct an employee to take leave. For example, an employer may need to give the employee a set amount of notice (e.g. 4 weeks) that they will need to take annual leave. This information should be in an employee’s contract and the practice’s policies and procedures. What if an employee doesn't have enough annual leave? The Health Professionals and Support Services Award (2010) award is the national award that covers speech pathologists. In regards to shutdown periods, it only makes reference to speech pathologists who are working within a dental or medical practice/allied health practice (i.e. a multi-disciplinary allied health practice) and provides the following information: “where an employer temporarily closes a practice, an employee may be directed to take paid annual leave during part or all of this period provided such direction is reasonable. Where an employee does not have sufficient accrued annual leave for this period, they may be required to take annual leave in advance where such requirement is reasonable.”

Nichola Harris Senior Advisor, Professional Practice

Anna Pannuzzo WorkPlacePLUS

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December 2018 www.speechpathologyaustralia.org.au

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