Rain days at work?

[lb99]

if its a rainy day and a construction worker gets sent home due to site conditions, would their employer be obliged to pay a minimum amount (not from holiday pay)?
is it law?
can someone point me at relevant legislation?

[marty]

depends what their contract says about being sent home on wet days.

[lb99]

so no set law then?
it doesnt bother me I always keep a few days holiday up my sleeve, and often work in the rain regardless, unless its too bad.
some dudes just bail every time it rains, then bitch when they burn up all of their holiday pay.

[Mully]

My understanding (and I'm only a Bush Lawyer) is that if you present "ready, willing and able" to work and you're sent home because of conditions (power cut, etc), then they are obliged to pay you.

I'll have a poke around later to see if I can find specific rules regarding that, though.

[onearmedbandit]

My brother is pretty high up with one of NZ's largest contractors and their guys get paid if it's raining. Not sure if it's law or not, but it's pretty common place.

[Stirts]

You really need to look at what is written in your employment agreement first and foremost to see if this type of situation is covered.

Their is no legislation regarding this so if it is not addressed in the agreement, then it is up to both you and your employer to talk about it and agree what the time away from work will be classed as e.g take annual leave, a paid day off, or taking leave without pay. Comes down to "good faith" at the end of day :D

[The Pastor]

are they sending you home officially or giving you the choice to work or not work?

[Oakie]

You really need to look at what is written in your employment agreement first and foremost to see if this type of situation is covered.

Their is no legislation regarding this so if it is not addressed in the agreement, then it is up to both you and your employer to talk about it and agree what the time away from work will be classed as e.g take annual leave, a paid day off, or taking leave without pay. Comes down to "good faith" at the end of day :D

What she said.

[cowboyz]

are they sending you home officially or giving you the choice to work or not work?

this is important. (unless you have a *ahem* individual *ahem* (cause they never are) employment agreement and then refer to that.)

If you are sent home from working a normal shift that you would have worked then yes, you are entitled to be paid for it.
If your employer says... hey .. you feel like working today? and you say No... then you are not entitled to be paid for it.


Alot of people, myself included, just stand round smoking and texting (officially called cleaning up) until the shift runs out if the work runs out first.

[Maha]

Really? does that shit still happen?...if it rains, workers go home? unbelievable!
Put a coat on.

People ride bikes in the rain.
Play Golf in the rain.
Run in the rain.
Have sex in the rain.
But if it rains at work, fuck that lets go home.

[Stirts]

But if it rains at work, fuck that lets go home.

It's called OSH syndrome

[Max Preload]

I'm more likely to work because it is raining - sun is counter-conducive to my already minimal enthusiasm for work. Just as well I charge like wounded bull when I do.

[cowboyz]

Really? does that shit still happen?...if it rains, workers go home? unbeleivable!
Put a coat on.

People ride bikes in the rain.
Play Golf in the rain.
Run in the rain.
Have sex in the rain.
But if it rains at work, fuck that lets go home.

well only 2/5 of those are fun! Golf never is and I dont run!

[The Pastor]

Really? does that shit still happen?...if it rains, workers go home? unbelievable!
Put a coat on.

People ride bikes in the rain.
Play Golf in the rain.
Run in the rain.
Have sex in the rain.
But if it rains at work, fuck that lets go home.

Or if you work with materials that can't get wet, e.g., earthworks

[jamessmith]

was told that.
if you arrive at work and leave before 4 hours you are entiled to 4 hours pay.

if you work more than 4 then rained off.. paid 8.

never works like that though. and if you push the issue... well, it dosnt do you any favours.

[lb99]

Or if you work with materials that can't get wet, e.g., earthworks
yep, Im a drainlayer, we always work at the lowest point of the site, working when its really bad just costs money (hard to lay drains underwater), same with earthworks, all you do is make mud.

[lb99]

thats what im after, I have no problems myself, as I said I budget for it, and live within my means, so no worries.
am soooo sick of others complaining about it.
I read my contract thoroughly last night, there was no reference at all to "no work days".
I reckon it just comes with the territory. (but I dont think my liver can take too many more rain days at the moment.)
boss usually just says, "go home (if you want)"
theres only so may times you can clean your ute.

[Rogue Rider]

What annoys me most in life is people who don't ride or work in the rain!!! Man, I mus have grew up tough, as a nipper I rode to school everyday, rain hail sleet or snow without fail. Sometimes it was icey, and bloody cold, so cold that it took hours to regain full use of my hands (no such thing back then as heated grips).
Now days, I meet nambie pambie soft woods who shy off as soon as a rain cloud presents itself. It's amazing how soft a tough guy gets in the midst of some of that wet stuff. My prescription to soft woods is simple, 2 teaspoons of cement twice daily for 3 weeks and Harden the heck Up!!!!
As for work, well, if it's deemed unsafe, and an employer advises that the day is cancelled due to weather, if there is no written directive clearly stated in the E.C. (employment contract) then the employer is morally obligated to fulfill there promise of work according to the rostered working week. If they give you the option of different work, then thats different, they only have to offer you related employment. It could be debatable, so worth discussing with the employer. If that fails, one could seek and amendment to the E.C. with reference to the issue.
OSH is very hard on construction and civil work places where there is deemed high risk with changing climatic conditions. There should be clauses in the EC already if it is a large firm. One man bands tend to lag behind the 8 ball on gn250's

[Mully]

Man, I mus have grew up tough, as a nipper I rode to school everyday, rain hail sleet or snow without fail. Sometimes it was icey, and bloody cold, so cold that it took hours to regain full use of my hands (no such thing back then as heated grips).


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[Mudfart]

i was a drainlayer too, and the agreement is between you and your employer, and not always written into your contract.
We would get 2 rain off days a year. If we used them up, we worked. Oh yes, theres nothing like not being able to see the end of the water main, and trying to bolt the fucker together underwater.

[BoristheBiter]

It comes down to ordinary hours from your contract. If it says Mon to Fri 7.30 till 4.0 that comes out at 40 hours then that’s the min you can be paid, as it is a type of guaranty that the employer enters into with the contract, even if you get sent home early.

If they ask you to use holidays and you say yes then they can use them but if you say no they can’t force you use them, unless you have “time off in lieu” owed to you then they can use this.
The time that this isn’t the case is when you are labour only.

We never send anyone home early as the workshop or the vans always need cleaning.

[Spazman727]

You can't use wet clay behind a retaining wall. When I get sent home 'cos of the rain it's annoying but my boss isn't making any money either.

[lb99]

You can't use wet clay behind a retaining wall. When I get sent home 'cos of the rain it's annoying but my boss isn't making any money either.
thats my feelings too, I was just wondering what the legal stand was. theres a lot of bush lawyers in my industry.

I had 2 rain days off last year, have had 2 this year, have worked every hour I possibly could, but sometimes its just impossible and creates more work for later.
get a digger on a wet building site for one day and you'll have mud for weeks after

[lb99]

It comes down to ordinary hours from your contract. If it says Mon to Fri 7.30 till 4.0 that comes out at 40 hours then that’s the min you can be paid, as it is a type of guaranty that the employer enters into with the contract, even if you get sent home early.
We never send anyone home early as the workshop or the vans always need cleaning.


If they ask you to use holidays and you say yes then they can use them but if you say no they can’t force you use them, unless you have “time off in lieu” owed to you then they can use this.
The time that this isn’t the case is when you are labour only.

if I use a holiday day then its generally only half a day, theres always something you can do for a couple of hours (sweep workshop, paperwork ect...) but its pointless hanging about milking the boss when theres no work to do.
I can afford to loose a day a week as long as it doesn't happen two or three weeks in a row (it just means lean groceries for a month and no savings)
rain days are ok, kids are at school, wife is at home ;);)

[T.W.R]

Really? does that shit still happen?...if it rains, workers go home? unbelievable!
Put a coat on.

But if it rains at work, fuck that lets go home.

Driving earthmovers in an opencast mine in the rain is highly dangerous.
Used to have half hour window from the time it started raining to actually being ready to go home. Then if there were days of rain on nd all you had to do each day was to ring in 1hr prior to shift start to check if there was to be any work or not for the day....still getting paid for the hours supposed to have been worked.

[BoristheBiter]

If they ask you to use holidays and you say yes then they can use them but if you say no they can’t force you use them, unless you have “time off in lieu” owed to you then they can use this.
The time that this isn’t the case is when you are labour only.

if I use a holiday day then its generally only half a day, theres always something you can do for a couple of hours (sweep workshop, paperwork ect...) but its pointless hanging about milking the boss when theres no work to do.
I can afford to loose a day a week as long as it doesn't happen two or three weeks in a row (it just means lean groceries for a month and no savings)
rain days are ok, kids are at school, wife is at home ;);)

I was just saying what the rules are. there are many different ways this works and if everyone is happy then there is no problem.

[Max Preload]

I can't understand why you just don't work the day later, like on a Saturday, and keep the holidays for when you want them.

[lb99]

I was just saying what the rules are. there are many different ways this works and if everyone is happy then there is no problem.

I am happy with the arrangement that I have. however others arent, one in particular is trying to get a group togeather tp hit up the boss with "the law"
I an not getting involved, however theres that many opinions about what "the law" is, I got to wondering if there really was specific legislation.
It seems to me that it is up to individuals to discuss at contract time.

[lb99]

I was just saying what the rules are. there are many different ways this works and if everyone is happy then there is no problem.

is no problem for me. I get a good deal from my boss as it is, but there are that many differing opinions on the matter I was just curious as to wether there was specific legislation with regards to this.


I can't understand why you just don't work the day later, like on a Saturday, and keep the holidays for when you want them.
I do, sundays as well (just gave to fit in around family), however the ones that are having a gripe often wont work weekends or overtime cause its "their time", fair enough but you cant have your cake and eat it too.

as for holidays, fuck that its more stress than workin.

[Max Preload]

as for holidays, fuck that its more stress than workin.Only if you go away to remote destinations. My idea of a holiday is staying home.