Full-Time Child Care Assistant but not getting public holiday pay.

[AronBee]

I have been working 3 and half months part-time for a private child care centre, I recently got offered a full time position with them just before the Christmas break. I checked my pay slip and I didn't get paid for any of the public holidays.

I asked the director why I didn't get paid as I was offered the full-time position before the christmas break and she said that I need to be working 3 months full-time before I can get public holidays paid. I have looked all over the internet and fair work website and there's not much information about this.

Is this right? It's not like I just started working for the company that same week the public holidays were on, I worked over 3 months for them.

Also I wasnt given a contract to sign or anything stating that I am full-time, I am also on 3 month probation.
I don't know how to approach them about this.

How do I go about getting them to make me a contract?

I love working with the children at this center so much so it's hard to just quit.

Any advice? is this even legal? can they just make their own rules up?

Thanks so much.

Abee

[Lorina]

Hi Abee,

All Employees (except casual employees) who normally work on the day a public holiday falls should be paid their base pay rate for the ordinary hours they would have worked if they had not been away because of the public holiday.

So, if you work Mon to Thursday and the public holiday falls on the Monday then you should be paid for it!

You won't get paid for a public holiday if you don’t normally work on the day that the public holiday falls.

So, if the public holiday falls on the Friday, you wont get paid since this is not your typical working day...

You should be paid for the public holiday since you are a part time employee...

,
Lorina

[Lorina]

I had a look at Fair Work Australia and that's where I found the above information,

For your reference:

Not Working On Public Holidays

Hope this helps,

,
Lorina

[Lorina]

In regards to Probation:

Employee Entitlements On Probation

Probation periods aren’t a separate period of employment.

While on probation, employees continue to receive the same entitlements as someone who isn’t in a probation period.

If hired on a full-time or part-time basis, an employee on probation is entitled to accrue and access their paid leave entitlements such as annual leave and sick leave.

Ref: Probation

From my understanding, you are still entitled to the same benefits as full time/part time employer even if you are on probation...

,
Lorina

[AronBee]

Thanks so much Lorina, this has been so helpful!
I will have a chat to them Monday morning, hopefully will get sorted.
Will let you know of the outcome.

I really appreciate it.

Abee

[Lorina]

No problem Abee!

Hope you will be able to get this issue sorted out and since you have the information above you should feel alot more confident!

,
Lorina