need advice - payment during school holidays

[yasmeen]

Hi everyone,
Need some Advice
I have been working in a preschool for the past 5 years, i started this job straight after i completed the Diploma in children studies. i just wanted to know do all preschool workers get paid during school holidays?. At the end of each term we go in to the centre for about 3-4 days for paperwork tidy etc. and then the Christmas brake which is the same as school holidays we go back a few days before to set up and tidy up again.
We are given 2 hours off the floor time a week depending on if all staff is present on that day, we take work home if it needs to be done,we start work at 8.15 to 3.30 and are paid for those hours only regardless of what time we finish, we are normally there till about 5pm everyday, i don't think I have ever left work before 4pm and sometimes come in on saturdays too.
I just wanted to know if this is normal or am i just asking for too much to be able to spend some time with my own family also.
Seems to me that creating the relationship's with the children's family is more important then my own at times. i feel overwhelmed at times.
Are these normal hours for a preschool staff???
Please help

[Lorina]

It doesn't sound right... Whatever extra work you do that are outside of your normal working hours you should be paid overtime or time in lieu depending on what your centre offers. You shouldn't have to come in on the weekend or even take work home with you. If this does occur then you need to be paid for it since you are practically working during this time.

I found the following information in the Children's Service Award 2010:

(a) An employee in an out-of-school hours care service, preschool or kindergarten may be employed as a term-time employee to work:

(i) only the school education weeks of the year as defined;

(ii) an average of 38 ordinary hours per week of the school education year; or

(iii) less than an average of 38 hours per week of the school education year.

(b) All entitlements for term-time employees are no less than those for non term-time employees, except that no ordinary wages are payable for the weeks the employee is not engaged to work.

Hours

21.2 Ordinary hours will be worked in periods not exceeding eight hours, in unbroken periods save for meal breaks, between Monday and Friday. Ordinary hours may be worked between 6.00 am and 6.30 pm.

Overtime

A full-time employee is paid at overtime rates for any work performed outside of their ordinary hours of work.

Overtime will be paid at the rate of time and a half for the first two hours and double time thereafter. In calculating overtime, each day’s work will stand alone.

An employee and an employer may agree that an employee will be provided with time off instead of being paid an overtime payment for all authorised work performed outside of or in excess of the ordinary or rostered hours subject to the following:

(i) any periods of time off in ordinary hours will equate to the relevant period of overtime worked;

Non-contact time

(a) An employee responsible for the preparation, implementation and/or evaluation of a developmental program for an individual child or group of children will be entitled to a minimum of two hours per week, during which the employee is not required to supervise children or perform other duties directed by the employer, for the purpose of planning, preparing, evaluating and programming activities.

(b) Wherever possible non-contact time should be rostered in advance.

You need to speck to your centre director about your hours of work and that any extra hours you are doing you should be paid overtime for. If you have a contract that you signed at the beginning of your employment you should also take it to show your director since you are doing way more than what it states in your contract. By law, all extra work you should be paid for. If you can't come to an agreement contact Fair Work Australia and they will tell you on what the next steps are to take. You really need to get this issued sorted.

Hope the information helps you out,

,
L.A

[yasmeen]

Thank you for all the information.
I was never given a contract when i started, should i ask for one now?
At one point we, i mean the director and i were on very friendly terms and i found myself helping her out alot staying back when all other staff had left then i realised that i needed to spend time with my family as well, as my boys are now in high school they need me to help them and because i don"t do those things anymore she gives me the silent treatment.
I dont know what to do.
Thanks for all the advice though.

[Lorina]

Yes, I think you should ask for an employee contract now just so you can legally clarify your working conditions such as working hours etc.

It happens often that there is always one employee who seems to go above and beyond their duties to assist the director. At every centre I have worked at it has happened. I just feel sometimes (not all the time) that some directors seems to take advantage of the employee by making them stay back to do extra unnecessary duties. AS an employee I can understand that sometimes it may be hard to say no and your only doing what's best for the centre and under your best intentions but in the end it can really effect staff relationships such as what you are experiencing now.

Don't feel bad about wanting to spend time with your family. You have probably put in so many extra free hours at work that your director is feeling a little lost now that you have put a stop to it. Good! Work is work and home is home. Go to work, do what you need to do and when your shift ends go home!

Hope everything works out,

,
L.A