Personal/carer’s leave and part-time employees

A recent court finding has meant that personal/carer’s leave for part-time employees needs to be treated differently from now on.

The court found that part-time employees are entitled to 10 days of personal/carer’s leave, regardless of the number of days they work per week. As most of you probably already know, we used to prorata their entitlement based on their weekly hours.

Not anymore! Part-time employees get the same entitlement as full-time employees.

There is more to this story so if you want more detail please get in touch (see below).

The Federal government has sought leave to appeal this rather baffling decision so stay tuned.

Thankfully, annual leave entitlement is still prorated for part-timers. Apparently, this is because the Fair Work Act talks about 4 weeks annual leave whereas for personal/carer’s leave it mentions 10 days. Go figure!

Meanwhile, you’ll need to discuss with your payroll provider the best way to manage this.

I will keep you posted if anything changes.

Meanwhile, feel free to contact me on 1300 900 741 or email:

david@wurthhr.com.au

if you’d like to discuss your particular situation.