Policy ****

blahblah06

Hi lads. im so pissed. basically got paid today and i didnt get my 10 hours overtime because i was sick, they only paid me regular. surely they cant do that. any thoughts

homeOwner

Check your contract. It probably says you must work the overtime to get paid. It seems fair to me. Your regular hours are covered by sick leave, overtime is extra time which you didnt work.

blahblah06

But i worked a full day overtime. I dont see how they can withheld this payment to me because i was sick. i even brought in a doctors note

seamus

Your employer is not obliged to pay you for being sick.

It may all depend on your contract. If your contract says that a normal week is 37.5 hours, and overtime is counted after that, then they may be 100% in the right.

For example, lets say your contract is as above - that you get paid for a 37.5 hour week, and overtime is counted after those 37.5 hours. Each day is 7.5 hours. You call in sick on Wednesday. So by Friday afternoon, you have only worked 30 hours that week. But you come in on Saturday for 7.5 hours, bringing your total up to 37.5.
In this case you are not entitled to overtime, because you haven't worked any extra hours.

If, on the other hand, your contract says that you will be paid for sick days, then the day you were sick is counted as 7.5 hours, and you are entitled to the 7.5 hours overtime you did on Saturday.

blahblah06

I must check that out Seamus. I just feel something like this should be done on a case by case basis ya know. Kinda sux after all the stuff ive did threw the yr inc tonnes of ot and get shafted like this especially at crimbo

homeOwner

blahblah06 wrote:

But i worked a full day overtime. I dont see how they can withheld this payment to me because i was sick. i even brought in a doctors note

Not understanding you

Did you work the overtime or were you out sick?
Did you work some of the overtime and not the rest?

I think you should get paid for the overtime you worked. But check the contract.

blahblah06

Hi h,

well basically lets put it like this.

I worked as normal on Mon, then did ot on tues. and was out sick weds thurs fri. The thing thats really annoying me is that i was also written off work for 2 extra weeks but came in as i have to work crimbo day so didnt wanna let the manager down. its a real kick in the balls

Nuttzz

it depends, if the OT was at normally rates then they didnt do anything wrong

i.e. you get paid €10 an hour and the OT rate is €10 then its "ok"

if the OT rate is time and a half, they should deduct the missing days pay from your wages and pay you the 10 hours at time and half

mind you if you did 10 hours OT then i would think you are entitled to at least one or two hours of the OT money if the OT rate is the same as your standard rate

blahblah06

Hi nuttz. my normal rate is 12 euro then 18 for the first 4 hours and then 24 for the hours there after. but he just paid me

10 x 12 euro rather then
4 x 18 euro & 6 x 24 euro

I know its not much in the difference but its just annoying the way its done. no one seemed to know about the policy in here.

Beruthiel

was the o/t during the weekend?
if not, it would probably fall into normal rate unless you discussed your rate of pay before doing the o/t
I work in a wages dept, I would have let it drop into normal rate unless otherwise instructed by the manager.
if you were working on the factory floor (with union) you would have gotten the o/t without question.

blahblah06

hi Beruth,

Ive done tonnes of ot during the week and weekend and always been paid the same overtime rate as shown above.

whats your views on this then ?

seamus

It all depends on your contract.

My contract says that any work I do on a weekend is counted as overtime. It also says that any time worked above 37.5 hours, I get paid overtime for.

But it could just as easily say that I don't get overtime for working on the weekends, provided that it's within the 37.5 hours.

In the past, I have worked 10 hours one day, and then 5 hours the next day, and I don't get overtime. That's the way it is.

It all depends on what your contract says. Read your contract over, particularly the sections on sick pay, and working hours.

Nuttzz

blahblah06 wrote:

Hi nuttz. my normal rate is 12 euro then 18 for the first 4 hours and then 24 for the hours there after. but he just paid me

10 x 12 euro rather then
4 x 18 euro & 6 x 24 euro

I know its not much in the difference but its just annoying the way its done. no one seemed to know about the policy in here.

I make that €96 of difference however I can see what happened, he has treated your OT work as normal worked hours, Are you new there? Can you ask your colleagues what happens when they go sick? Do you have a contract?

personally I think the correct way to pay you was they should deduct the missing days pay from your wages and pay you the 10 hours at the overtime rate, but the wont

Beruthiel

blahblah06 wrote:

Ive done tonnes of ot during the week and weekend and always been paid the same overtime rate as shown above.

whats your views on this then ?

my view would be to go to your boss and ask him,
I see no problem in asking the question, people do that all the time here in my job.
It doesn't mean that you will get anywhere, but sometimes things are over looked, or there maybe a rule in your company that means your o/t drops into normal rate, getting an answer to this should not be a problem, your wages clerk gets paid to answer these questions and you have a right to know.

blahblah06

Hi lads. ye its 96 euro but its still a good bit of cash. Ive been hear just over 14 months. Ill give him a shout and let you know whats said. thanks guys

blahblah06

well this is what i got..

Eligibility for Overtime - Absence: On occasions where overtime is available, an employee who has been absent on sick leave during the current or previous pay period will not be eligible for overtime pay, and will be paid the normal rate of pay, until the overtime hours worked equal the time absent on sick leave in the current or previous pay period.



KNICKERS

ButtermilkJack

blahblah06 wrote:

well this is what i got..

Eligibility for Overtime - Absence: On occasions where overtime is available, an employee who has been absent on sick leave during the current or previous pay period will not be eligible for overtime pay, and will be paid the normal rate of pay, until the overtime hours worked equal the time absent on sick leave in the current or previous pay period.

KNICKERS

That would make sense, however, I worked in a job where it didn't matter how many hours you clocked up in a week. Basically, once you worked past 7.5 hours in one day, anything extra was overtime, which I believe would be fairer. The normal working day is on average 7/7.5 hours (offically of course ) but if you ask someone to stay longer then you have to reward them for that IMO.

blahblah06

well u see ive gotten payment of ot while i was sick before and for some reason there just enforcing it now