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lunch breaks


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I have recently started as Manager in a nursery. Girls have a lunch break, half an hour paid and half an hour not paid. None of them seemed to know what their contracted hours are and by the sounds of things have never dow, what I call, rolling shifts; so I have been checking that they are all working their contracted hours.....some have not, they have been working less!!! I dont think I am going to be popular!

One lady is contracted to 40 hours; she has been working 8am to 4.30pm with an hours lunch.

Now I may be having a senior moment (which is the reason for this post) but should she not be working till 5pm? An 8 hour day (Mon-Fri=40 hours plus 5 x 1 hr lunch breaks, 30 mins paid and 30 mins unpaid). By my reckoning she should be working 8-5?

Am I right? My brain is addled!!!

Thanks :)

 

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8 to 16.30 = 8.5 hours in my calculations... using 24 hr clock... which with half hour unpaid would be 8 hr day

 

or am I missing something... to have half hour unpaid she would be finishing on a half hour or starting on a half hour as it would have to be an 8.5 hour day to make the hours add up. need to remember the half hour paid is included in her hours not added to them.

Edited by Inge
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When I worked in day nurseries I often worked 8-5 or 9-6 with an 'hour' supposedly lunch which was unpaid. So technically I was at work 9 hours but got paid for 8. So the lady should still be at the nursery for 9 hours which is 8-5.

I think that makes sense to me!

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hang on...if you work 8-12 thats 4 hours then an hour for lunch ...half of which is paid (because you need them there?) then half an hour off unpaid (in which they can leave if they want to?) this means half an hours pay (so 30 minutes pay for 12-1) then work from 1-4.30 =3.5 hours = 8 hours per day x 5 days =40 hour week!

all as clear as mud i think!

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No they dont stay on site for the 1/2 hour they are paid! I have emailed our HR for clarification....but as yet no-one has got back to me!

In my head the 40 hours should be working with the children, so that's 8 hours with the children plus the hour lunch break making 9 hours in total; 8am-5pm

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it all comes down to the definition that is used for contracted hours..

 

if it is 8 hours with the children then she should be paid for 8.5 hours a day... to include a half hour paid break... then she should be there to 5..

BUT if she is only paid for the 8 hours a day .. you could argue that as half hour is paid break then this needs to come out of the 8 hours!

So how much is the pay for a day... 8 hours.. to include the break in this time.. OR 8.5 which excludes break in the hours .

 

this of course means she should be paid for 42.5 hours in a week... 40 hours with the children plus the 2.5 hours for paid break. In the past when I have worked with paid break included that is part of the contracted hours.. not in addition to.

 

You need to remember that it is paid break so she needs the money to be there in some form for that time.. or she will be losing out.

Edited by Inge
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:huh:

 

Confusing isn't it!!! According to HR the 1/2 paid comes out of the 8 hours so actually only 7.5 working with the children. so actually her working 8.5 hrs a day is correct........ :huh:

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