Working into/on annual leave

To be compensated for working into/on annual leave it must be during a period of protected leave. A protected leave period is three or more uninterrupted days off where at least one full working day is booked as annual leave. The whole period is now treated as annual leave and any days within it (whether rest day, TOIL or other leave) are treated as annual leave.

If you only use other forms of leave (RDIL/TOIL etc) your leave is not protected, and you cannot claim under this regulation.

If you have organised to work during this period (for example on a rest day) and this means you do not have three or more uninterrupted days then this regulation does not apply.

If you are only booked off for one or two days with no other leave either side, then your leave can be cancelled (where there is an exigency of duty) with no compensation.

Q What can I claim for working on annual leave? (during a period of protected leave).

A. For the first two days in that period of leave you are entitled to either:

Two days’ leave for each day you are required to work.

1 day’s leave plus one day’s pay at double time for each day you are required to work (a day’s pay is eight hours or the number of hours rostered to work on that day).

If you are required to work during you period of protected leave for more than two days then for each subsequent day the following apply:

1.5 days’ leave for each day you are required to work.

One day’s leave plus half a day’s pay at double time for each day you are required to work (a day’s pay is eight hours or the number of hours rostered to work on that day).

Q. What can I claim for working into annual leave from a night shift? (into a period of protected leave)

A. If you are required to work past 07:00 on a night shift when you are going into a period of protected leave then you are entitled to the following:

One day’s pay at double time (a day’s pay is eight hours or the number of hours rostered to work on that day)
The amount of time you have worked over credited back as annual leave.

Please note: you should not book your last night shift or first early shift off to create a period of protected leave with the intention of cancelling it should you not be required to work into that leave. This might be deemed a breach of the standards of professional behaviour and result in disciplinary action.

Q. Due to an exigency of duty I am being asked to work on a day when I am booked as annual leave. However, it is in the middle of a set and does not form a period of protected leave, what can I claim?

A. The day will revert to a normal working day and your annual leave will be cancelled and the hours credited back.