After Hours Meal Breaks

21-Jun-2019

 

ASMOF is pleased to advise that as a result of our advocacy, the Sydney Childrens Hospital Network, South Eastern Sydney Local Health Distract and Western NSW Local Health District have corrected all their roster templates to ensure compliance with the payment of meal breaks for JMOs.

We worked closely with the LHDs and they have committed to back-pay all JMOs who had been underpaid for meal breaks that had been incorrectly rostered as an unpaid meal break (instead of the correct paid meal break) since the Health Roster Go Live date for each LHD. The Go Live Dates for each LHD were SCHN (September 2015), WNSWLHD (November 2016), and SESLHD (January 2018).

Both HNELHD and NNSWLHD have completed payments.

Also, as part of the resolution each LHD has confirmed they will not seek to recover overpayments should any have occurred, where a meal break was not required to be paid.

Over and above the agreed outcome individual JMOs are also entitled to request a review of their shifts dating back to a maximum of six years if there is a genuine belief that an underpayment has occurred.

But if you do request a review you must understand that if an overpayment is identified as part of the review the employer will request that you pay back this amount.

If you fall into this category, please email us at allocation@asmof.org.au.

What is my entitlement to a paid meal break?

Under clause 10 of the Public Hospital Medical Officers (State) Award 2018, you are entitled to a paid meal break for shifts, other than day shifts, worked Monday to Friday.

For day shifts worked Monday to Friday, you get an unpaid meal break unless you are required to work during the meal break.

We will now be working with each LHD to develop processes for Junior Medical Officers who are unable to take a meal break on day shift to record when staff are required to work through their meal break and to ensure that payment is made.

If your colleague is benefiting from this advocacy and you are aware they are not a member, it would be great to encourage them to join as this is one of the many reasons JMOs need to belong to your union.

If you have any questions, please email us at allocation@asmof.org.au