Are Work Breaks mandatory for a full time contract?

beya2009

Hi folks I hope you are all keeping well.

I really wanted to get your input on this situation as it's shocking to me. My friend works as a support care worker in some kind of assisted living on a fixed full time contract (39 hours). She was telling me she does not get breaks and is expected to be working for the entirety of her shift. This is shocking to me as there is no designated breaks on her schedule. She worked 2 consecutive 12 hour shifts (Tuesday & Wednesday of this week) each from 10am to 10pm. Just on a separate issue; should that be allowed? Surely 12 hour shifts should be broken up in the days and not be consecutive?

I have no clue in this industry so your input would be much appreciated. Just comparing to my line of work; I work for a Canadian company in Waterford for life insurance on a full time basis and I i get two 15 minute breaks and a 45 minute lunch break and 15 minute personal time. The idea of doing a full 7.8 shift with no breaks sounds outrageous to me and I just do admin stuff; never mind hard physical labor looking after patients in assisted living that I would imagine is physically and mentally demanding.

So my question; is this normal or is the employer chancing their arm?

cml387

Work breaks are a statutory requirement. Your friend should look up the details in citizens adviice.

Kimbot

https://www.citizensinformation.ie/en/employment/employment-rights-and-conditions/hours-of-work/work-breaks-and-rest-periods/

Jim2007

Well I never had breaks written into my contract, but they always happened although some people did not bother taking them. Has your friend been prevented from taking breaks or is it just a worl culture thing where their colleagues are not taking breaks. There is a difference.

Mrs OBumble

Consecutive 12 hour shifts is pretty normal: you're on for 3-4 days, and then off for 3-4 days. Some people like this, because it gives them longer blocks of time off.

Breaks in some assisted-living support work can be different. It's easy enough (with management will) if you're in an institution, with multiple staff who can cover each others breaks.

But if you're sole-charge in a private home or small group-home, then there's no one to cover for you, and it's really disruptive for the clients to have a different support worker come on-site for just 1/2 an hour. Normally it's possible for you take personal care time (meals, toilet stops) during the day alongside the clients. I don't know how they word the employment contracts - because, you are right, breaks are a legal requirement in Ireland - but there must be a way.

fyi, the breaks you get are particularly generous, and a lot more than Irish law requires, which is roughly speaking a paid 15 minute if you work less than 6 hours, and an unpaid 30 minute if you work 6 hours or more.

con___manx1

Minium requirement is a 15 minute then 30 and and a 45 minute last break for a 12 hour shift. 3 breaks in total

Clashmore

I work in a residential unit on 12 hour shifts, we are entitled to 60 minutes, generally broken up into two 30 minutes in an ideal world these are non-interrupted, unfortunately not always the case.

With the two 12hr shifts in a row, there must be a break of 11 hours between shifts. And a 24hr period off work in a week.

Ted222

https://www.boards.ie/discussion/2058363476/are-work-breaks-mandatory-for-a-full-time-contract

In answer to your question, it may be normal in some sectors but it’s certainly not legal.

Breaks are obligatory but are rarely paid. It may suit a person therefore to work through and leave earlier than would otherwise be possible if they took the break.

Assuming your friend needs or wants a break, they could insist of the employer making adequate provision.

Rows Grower

https://www.boards.ie/discussion/comment/122486247#Comment_122486247

How in the name of God can you take personal care time sitting alongside people incapable of looking after themselves?

beya2009

https://www.boards.ie/discussion/comment/122482818#Comment_122482818

My friend is not getting breaks and when she requested them, she was told you just keep working until you find a few minutes to take a breather but surely that is the employer acting like cowboys lol Surely breaks should be included in the schedule.

beya2009

https://www.boards.ie/discussion/comment/122486247#Comment_122486247

Thank you for your helpful reply. My friend told me when she works 3 consecutive 12 hour shifts, she only gets 1.5 days off. To your point about small group home; that is very much the case in this situation as there is only about 10 staff members and sometimes someone calls in sick which of course puts more pressure on everyone but I am still shocked about the breaks issue. For my job all my breaks are paid too so I suppose I should not take things for granted lol

Jim2007

https://www.boards.ie/discussion/comment/122650194#Comment_122650194

In an office situation without an official break time say 10:45 - 11:00 or something, people just go when it suits them - usually at the finish of one task and before starting another or when their friends are going or something like that. It's part of managing your own time. In 30+ years I only worked one place where there was an official break time and the only reason for that is that the facilities could only handle 50 people, so each floor in the building was allocated a certain time period.

That said there are many environments where breaks need to be organised because of a need for team work, the running of certain machines, production runs, shift work and so on.

From what you have said your friend is not being stopped from taking their breaks, the company expect them to manage their time. They should just take a break when it is convenient for them in the course of their work. I would imagne care work does not fall into nice hourly blocks, so it would be very difficult to do other than this. I really don't see what your issue is.