penalise time sheet for expressing?

[paulswife]

are they allowed to include my time used for expressing breast milk as my lunch break? i take half hour for lunch, and twice a day (approx 10 - 15 mins each time) to express, yet, my pay sheet claims i'm taking an hour break every day. i thought they weren't allowed to do that?

does anyone know what the legislation is re ebm during work?:confused:

i'm temping, so officially it's casual rates.

[the_queen]

I don't know the legislation - but it'd be interesting to know, do they dock the pay of smokers at your workplace? How about people who go to the toilet for 20 minutes at a time?

Perhaps just speak to HR and say "um, I only take half an hour lunch break, but I'm being docked for an hour?" and see what they say. Even if it's not "against the law", it's pretty unfair - particularly if they don't apply the same rules to smokers.

[Roxy]

Let me check for you at work tomorrow - I work for a peak union body - won't be hard to find out.

[GraceUnhearing]

i dont think they are allowed to do that.

like the_queen said
do they dock smokers for going out for a smoke?

[oleander]

I think it's because temps get paid a higher hourly wage but don't get benefits like holiday or sick pay. That would include being paid to express.

[Kylles]

Is your lunch break supposed to be an hour, regardless of you taking shorter time?

If you are working longer than a 6 hour day, shouldn't you be entitled to 2 x 10 or 15 minute rest pauses?

Do you complete a timesheet? The employer should be paying you for the time listed on the timesheet, it is illegal for them to be altering your timesheet without prior discussion with you the employee.

I'd consult HR or discuss it with the person responsible for payroll.

[paulswife]

Let me check for you at work tomorrow - I work for a peak union body - won't be hard to find out.

how did you go roxy?

& yes, i agree re: the smokers time not being penalised. but i'm wondering what the legit rules are, i.e. whether or not they are allowed to?? :confused:

i've asked in HR & they've given me an irrelevant "not my problem" answer; the same with payroll. then the boss (my immediate supervisor suggested i take it up with my recruitment agent.... she's (hopefully) going to get back to me.

i've just got a funny feeling that no-one wants to answer my question in case they are politically incorrect!

[pegasus]

Would it be any different for breast feeding mums, not expressing?

My DD is at Daycare on campus of the University that I work at. I go down at lunch time and feed her. Takes all of my half hour lunch break to walk to the daycare, feed her, and walk back again. I leave them one bottle of expressed milk a day (as a standby in case I can't get down to feed her - I'm unavailable when I'm teaching), but apparently she doesn't usually take it.

I usually go back for another feed in the afternoon, and any time I do, I make up at home or on another day.

Any milk I express, I do at home (I find it best to express while feeding).

I never even questioned whether I could feed on work time - as far as I'm concerned, I'm very lucky I can feed my daughter during the day and the fact that I don't get a lunch break is a small price to pay. (I eat lunch at my desk or while walking to the daycare).

For my son, I just expressed all milk out of hours and left milk for him (never fed him while he was at daycare - he was in a different place).

I actually don't agree that there should be time allowances for this (the same as anyone who takes a smoke shouldn't do so on work time.)

I do, however, agree that they shouldn't be docking your pay.

[shed]

I am in the same position exactly. I am on a contract, I fill out a timesheet, I express once or twice a day and I don't write it on my timesheet and I don't get docked for it.

I don't know what the laws are but if I was being docked for it I would be very very angry. Its hard enough being a breastfeeding mum and expressing (I hate it) without having to pay for it. I would probably make a comment about how its so 'sad' that our society is so unsupportive of breastfeeding mothers.

To make it out to be some kind of 'privilege' is almost disgusting if you ask me.

I express at 11.45am and I don't tell anyone, I just say "back in five" and then I take 15 minutes.

And anyway, aren't you supposed to get a morning and afternoon tea break? That's supposed to be paid. Why can't you just take it as that?

[bambino]

As far as I am aware, any lactating mother is entitled to "lactation breaks".
This means time out to express without being penalised.

Possibly each company is different so you may want to check out their policy or company handbook (if they have one).

I know with my work (I haven't gone back yet though) you are entitled to take a break to express.
My company is very generous and lenient though in regards to things like this and family etc....

[Roxy]

I asked my boss about this...

She said that you should ring the Human Rights Office in your state, as this is the type of case that they would pounce on, as it's discrimination in the workplace.

HTH.

[~Emmylou~]

^ Yeah I was also going to suggest it's more likely to be a discrimination issue than an industrial relations one.

Workplaces have to provide access and other things for staff with disabilities, they have to allow certain things for people who are pregnant....lactating mums fall in this same category.
A mum who is lactating cannot be expected to go all day without expressing - this is a physiological issue just like all the above. She would become engorged, leak milk etc.

And as shed said needing to express milk should not be viewed as a "break" or a "privilege". Anyone who's skipped a feed and got engorged knows that this IS a necessity like needing to go to the loo - not a luxury, or something that is somehow optional.

Good luck with it I think you should take them on about it too.

[sueliz]

I would check with the recruitment agency first. It could well be that the contract they have with the agency states that you must take an hour for lunch. I know when working full time, our hours in the working week reflected on us all having an hour for lucnh - regardless of if we took an hour, 30 mins, 15 mins or no lunch break at all.

Hope it gets sorted out.

[Trumpet]

In my personal opinion it's not right if you are getting docked BUT it will all come down to the award you are on and the contract you signed.

I would be going back to your HR rep and forcing the issue if they still won't answer find out what award you are on and ring the state award board.