Are you a teacher? If you hold a personal membership you can find specific information for teachers on meal and rest break entitlements in the All Members section of our website
The information in the article below is specifically for our ECE Service members
The new laws coming in May 2019, are a roll back to the pre-2015 position requiring staff to be given rostered breaks. It means that staff will no longer be seen to be letting each other and children down when they go off for a coffee or toilet break or lunch. The changes support health and safety.
If staff numbers at your service only just meet the minimum adult-child ratio requirement then you will need to look at hiring more staff to cover those on rest and meal breaks.
You may not want all your staff to take breaks at the same time. Therefore, carefully consider the timing of breaks and with the agreement of staff record break times in employment agreements. (see section 4 below on the timing of breaks when an employer and employee do not agree)
Check all current employment agreements to be sure that all agreements reflect and do not breach the new law on the number breaks that must be given.
- Why early childhood services are not exempt and offering compensation is a no
- Payment for breaks
- Breaks that must be given depending on work hours
- Timing of rest breaks and meal breaks if there is agreement and when there is not agreement
- Strict rostering versus occasional flexible timing
This information or article is exclusively for our early childhood service members holding a full membership
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- Individual Members can view all the individual member-only articles and our library of Research Journals.
- Full Early Childhood Service Members (staff and managers) can view everything including individual member articles, ECE research journals, and management and business (Go to the Join Us page for more details)
- Research Library subscribers have access only to our online library of Research Journals (this includes all past and current journal issues).
If you are not yet a member you are welcome to apply now by going to the JOIN US page.