Pre-agreed no-pay leave cannot defeat PWM
The statement addresses contracts expanded to maximum hours while pre-agreed no-pay leave keeps actual hours unchanged but reduces salary below PWM. An arrangement in the employment contract or a separate variation is likely non-compliant when it defeats the wage floor. Genuine no-pay leave is granted at the employee’s request for personal circumstances and may allow statutory pro-rating for that month.
Paid leave counts towards contractual hours
Paid-leave hours mean the hours the officer would otherwise have worked. They count towards agreed contractual hours, so the officer must not be made to work extra hours to replace annual leave or other paid absence. Annex B contrasts unlawful artificial deductions and a roster that wrongly requires leave hours to be made up. Contract changes must be mutually agreed in writing, include required Key Employment Terms and comply with the law.