Common use of MEAL AND TEA BREAKS Clause in Contracts

MEAL AND TEA BREAKS. 22.1 Subject to this clause, for each period of duty in excess of 5 hours an Employee is entitled to a meal break of between 30 – 60 minutes. 22.2 All meal breaks are unpaid unless agreed by Estia Health. For allowances payable in respect of meals breaks, refer to clause 26 (On Call (during meal break)) and clause 38 (Meal Allowance for Overtime). 22.3 In addition to meal breaks, an Employee is entitled to take one 10 minute paid tea break during for each four hours worked. On shifts of 7.6 hours or longer, the Employee and Estia Health may agree for the Employee to take one 20 minute tea break in lieu of two 10 minute tea breaks. 22.4 Wherever practicable taking into account operational requirements, meal breaks and tea breaks are to be taken at mutually agreed times convenient to the Employee and Estia Health; provided that Employees are to ensure they do not work more than 5 hours without taking a meal break, unless: (a) it is reasonably necessary in an emergency; (b) the Employee is appointed to be “in charge” during the shift pursuant to clause 33 (In Charge Allowance), or to remain “on call” during their meal break pursuant to clause 26 (On Call (during meal break)), and it is reasonably necessary to ensure continuity of resident care; or (c) it has been expressly approved or required by the Executive Director or Care Director. 22.5 In circumstances where the appointed “in charge” Employee has not able to take a paid break in accordance with clause 22.4 in order to ensure continuity of resident care, the “in charge” Employee will be paid the equivalent amount as compensation for the loss of the paid break in addition to the In Charge Allowance. 22.6 Where an Employee does work for more than 5 hours without a meal break of at least 30 minutes, wherever practicable the Employee shall arrange to instead take a meal break at the earliest opportunity and before completion of the shift. 22.7 Where an Employee (other than an Employee appointed “in charge” during the shift or “on call” during their meal break) works more than 5 hours without a meal break of at least 30 minutes, the Employee will be entitled to payment at overtime rates for all time worked beyond 5 hours until either completion of the shift or commencing a meal break of at least 30 minutes, whichever is the lesser period. 22.8 All claims for overtime rates or allowances arising from meal breaks are to be submitted by the affected Employee through TimeTarget in accordance with clause 27 (Timekeeping and attendance records).