Articles


Your questions answered: Are employees entitled to public holiday pay while they are on unpaid leave?

Leave Provisions

Q Is an employer required to pay an employee for a public holiday when the employee is on leave without pay or unpaid parental leave? A Only employees who normally work on a day upon which a public holiday falls […]

By Portner Press on September 11th, 2019

Your questions answered: Is an employee entitled to public holiday if they are beginning a leave period on the following day?

Leave Provisions

Q I have an employee who is starting a period of unpaid parental leave on a Tuesday, the day after a public holiday on the Monday. Is he entitled to be paid for the public holiday even though he does […]

By Portner Press on September 9th, 2019

Your questions answered: Can employees take leave on another religious day instead of Christmas Day?

Leave Provisions

Q Is it possible, from an employment law perspective, for an employee to choose to work on a public holiday, e.g. Christmas Day, Easter Friday, then swap that paid public holiday day to take leave on a cultural or religious […]

By Portner Press on September 4th, 2019

Your questions answered: Is an employee entitled to take 6 months’ leave?

Leave Provisions

Q Our employee has requested leave for 6 months. The employee wants to use a combination of accrued annual leave and long service leave entitlements. Is our business legally obliged to accept the employee’s request for extended leave? A There […]

By Portner Press on August 19th, 2019

Your questions answered: Do part-time employees accrue annual leave on overtime work?

Leave Provisions

Q We have a number of part-timers who occasionally work extra hours where needed. For example, one permanent part-timer works 64 hours per fortnight and job shares with a casual worker, who does the other day. Where the casual can’t […]

By Portner Press on August 16th, 2019

Your questions answered: Can employees donate their sick leave to another employee?

Leave Provisions

Q I have an employee who requires heart and lung surgery in the coming weeks. Due to her condition, she is rapidly using her existing sick leave entitlements and will not be able to work until she has recovered. Is […]

By Portner Press on August 14th, 2019

Your questions answered: What happens if we don’t pay long service leave?

Leave Provisions

Q What are the penalties can we be liable for if we don’t pay long service leave? Our company is based in Queensland. A Long service leave entitlements in Queensland are governed by the Industrial Relations Act 2016 (Qld). The […]

By Portner Press on August 12th, 2019

Your questions answered: What can we do if an employee takes unauthorised annual leave?

Leave Provisions

Q An employee has requested leave – with short notice – that their manager cannot approve as there are already three other team members on leave at the same time. The employee has told their manager that they have plans […]

By Portner Press on July 31st, 2019

Your questions answered: Can we stipulate which type of leave our employees can take?

Leave Provisions

Q Can our personal leave policy state that if an employee has run out of paid personal leave entitlements, they are required to take time in lieu or annual leave in the first instance and then personal leave without pay […]

By Portner Press on July 29th, 2019

Your questions answered: Can we challenge an employee’s personal leave claim based on stress caused by work?

Leave Provisions

Q An employee walked off the job in the morning and her husband called our office to inform us that she is unwell due to stress caused by work. She then contacted our payroll department to check her sick leave […]

By Portner Press on July 26th, 2019