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No penal payments if called back from annual leave
Question
I went on annual leave, but on the first day of that leave I was required to return to work to fix a critical problem. My employer reduced my annual leave by the time I spent at work (almost a whole day) and paid me normal rates for that period. Is this correct, or am I entitled to some additional benefit for having to return to work while on annual leave?
Answer
Since industrial awards were abolished in 1991, there has been no law requiring the payment of penal rates for working outside of normal hours, including at weekends and during annual leave. Instead, such matters are left for negotiation between employers and employees.
If you worked on the first day of your annual leave, then you are entitled to another paid day off to replace the day's leave that you lost. But, unless you have negotiated something to the contrary, you are not entitled to any additional payment for working on that day.
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Cashing up holiday pay
Annual compulsory closedowns|
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Holidays Act 2003