If you leave work, can you get your sick/holiday pay???

[Pretty Butterfly]

Ok, Adams boss is getting to be a real pain in the a$$.

Adam is a "storeman", but actually manages the whole business. He does all the website and computer stuff, and works with all the international stuff, on a storemans wage.....

Every holiday or trip to Kanes doctors we get phone calls ALL DAY because no one there can do anything without him. He is over it big time

He is putting in resumes left right and centre, but rang just a minute ago, and he needs outta that job. His boss is a so and so, and Ad puts up with way too much crap, for very very little money...

He has accuired a full week in sick, and almost 3 in holidays, as Kane hasn't been to Sydney since February!!!YAY!!

Can he get this, in any way??

He has to give 3 weeks notice, and we know his boss will make it a living hell. He has no idea how to run the business, Adam does it for him.

His contract doesn't say anything about getting the money.... Can he give 3 weeks, and then take his holidays???

How can we not lose what little money he can get??? We will need it!!!

[Arimeh]

You can't get the sick pay, but the holiday pay is usually lumped together in their last pay. Which doesn't always work out for the best, cos usually it pushes you into the next tax bracket and you pay more tax

[Pandora]

yep, cant get sick pay but should be entitled to have his anual leave paid out.
How long has he worked there for?

[Pretty Butterfly]

Umm, I think 3 .5 years??

[Pretty Butterfly]

I didn't think he would get his sick pay, but his holiday pay would be good.....


Actually, its 4.5 years.....

[Pandora]

ah ok.
If it was longer than 7, they'd also have to pay him pro-rata LongService Leave, but as its less that wont apply

[Pretty Butterfly]

Ooohh, that woulda been nice!!!

Is it law he gets his holiday paid out??? Its not in his contract, and we know he will have a fight to get it outta his boss....

His boss is also going into some murkey waters, and Ad wants out.....

[feeb]

he should get holidays paid out

[Bumperstump Cummerbund]

As long as Ad gives notice according to award, he'll get paid out his annual leave. Unfortunately sick leave is a 'just in case', not an entitlement, so that won't be paid out - which is why so many people are sick a lot just before they resign

[Antheia]

DH just put in his 1 weeks notice resignation last Friday. They said he'll get paid out his 3 weeks holidays if he stays the full week. I think if they stay at work the full amount they have to give notice for (whether its 1 week or 2 weeks etc) then they must pay you the amount. Sick leave no they dont get it, which is a pitty, but at least they get something.

[Pretty Butterfly]

Thanks ladies!!!!!

I have a feeling he will put in his notice today. A few of the jobs he put in for last week are looking very promising!!!

[anney]

PB, if you think they might not give him his holiday pay, then he could apply for 3 weeks leave and then when he gets his leave money on the day he goes on leave put in his resignation. But i guess that would mean hanging around a bit longer. hope it works out for you.

[Pretty Butterfly]

Actually, what are the legalities of Ad taking 3 weeks leave, and putting in his notice to leave on the first day of his holidays????

I know its not ethical, but he needs outta there... the business trip the boss just came from has Ad a little worried, and he wants to get out in case the ***** hits the fan!!!

(he wants Ad to make deals he KNOWS are in a greyish area legally)

[Astrid]

Actually, what are the legalities of Ad taking 3 weeks leave, and putting in his notice to leave on the first day of his holidays????

Happens all the time. Legal, well unless there is something in his agreement about it, just not really moral. Considering his situation though it might be a good idea. Just see if he can get all his leave paid in advance, I know when I did payroll I would sometimes be requested to pay leave money as someone was going overseas , rather then just pay the leave the normal pays.

[LimeSlice]

Get him to take his sick pay before he puts in his resignation, then while on sick leave, put in his notice.
This will get him the sick pay and the leave...

...Not the best thing moral wise perhaps, but probably well deserved in this case.

[~Raven~]

We wish! DH had 35 WEEKS of sick pay owing when he left his last job. Wouldn't that have been nice!

Doesn't pay to drag your sick riddled carcass into work every day for 15 years does it...

ETA re-reading this I should clarify he hasn't been sick every day for 15 years, he'd just go to work every day even if he was sick

[rufalina]

Some companys can ask you to take you leave in lieu of notice, (like financial institutions) so you give them 3 weeks notice, and then leave on the same day, and get paid your leave as the next three weeks pay... But sometime they put an embargo on getting another job in that "leave" time... or you could request it yourself... but some bosses want to get every penny out of an employee so will make them work up to the last second, and it sounds like you might be in that situation... Good luck to your DH.

[Pretty Butterfly]

Oh, he will want Ad at work for every minute of it if he isn't on holidays.. he is screwed without Adam there, it will take him MONTHS to get someone even remotely up to speed on his job....

Ad took phone calls at 11, and 11.30pm last week cause the boss kept forgetting the time difference.....

I wonder how many "stock boys" can run an international company while the boss is outta the country... He doesn't even make the national average in wages, and because he's on salary, no extra pay for all the hours extra a week....