ASK JUDITH Flexible working for parents I am an RN working in a public hospital and have two children who I can only obtain childcare for on Mondays, Wednesdays and Fridays. I have asked my NUM not to roster me on those days but he has advised he cannot guarantee my roster. I have no family to help me out. What can I do?
You should apply for Flexible Working Practice as outlined in PD2005_087 Flexible Working Practice – Policy. You will need to submit an application outlining your request and the reasons that you need to apply for a Flexible Working Practice. Under anti-discrimination legislation your employer cannot discriminate against you because of your carers’ responsibilities and your employer should approve your Flexible Working Practice, unless they can demonstrate it would cause them unjustifiable hardship to do so.
Trade union leave I am a NSWNMA delegate at a public hospital. I usually attend Committee of Delegates meetings (CoD) and have not had an issue with trade union leave being approved. We have a new manager who has refused to grant this request in future. Am I able to claim my attendance at CoD as trade union leave?
No you cannot claim trade union leave for attendance at CoD. Clause 54B of the Public Health System Nurses and Midwives’ (State) Award 2011 lists which Association activities can be claimed as trade union leave and CoD is not one of them. The principal activities covered by this leave, applicable to most delegates, are Annual Conference, meetings of the Association’s Executive or Council,
Annual Conference of Unions NSW and the Congress of the ACTU if you are an elected delegate to either of those bodies. The main intention of the trade union leave in the award is to ensure branch representatives are freed up to attend local committees requiring employee representation and input, and to enable branch delegates to be released to attend the Associations’ Annual Conference.
Paid for experience I am an RN working in a private hospital and am being paid as an RN Year 1, yet I have more than eight years’ experience. Am I entitled to be paid as an RN Year 8?
Yes.Your previous nursing service can be recognised but you will need to provide evidence of your previous service in order to receive the higher rate. This should have been provided on termination from your previous job and is called a “statement of service”. The statement of service should indicate what your employment status was, such as permanent part time or full time or casual, as well as the period you were employed. If employment was part time or casual then it should show the number of hours you worked during that period of employment. Under the Modern Award, you need to work a total of 1786 hours to equal the number of hours of a full time employee. Under employer agreements, you need to work a total of 1976 hours (the public sector is different again; it is 1982 hours). So, for your eight years of experience, if you have a total of 13,832 hours or above, you should thereafter be graded as an eighth year and paid accordingly,
When it comes to your rights and entitlements at work, NSWNMA Assistant General Secretary JUDITH KIEJDA has the answers.
provided you have given proof of this service to your current employer. It is important to note that you can only have an increment once in any 12-month period, i.e. anniversary date to anniversary date, and overtime hours are not counted for the purpose of incremental progression.
Roster change day of shift I am an AiN working in a public hospital. Recently, I attended work for a rostered morning shift and on arrival was informed that the shift had been changed to an afternoon shift. Can my employer do this?
The Public Health System Nurses and Midwives’ (State) Award 2011 provides that a roster must be posted two weeks prior to the commencement of the roster. This roster can only be changed in certain circumstances, including where an employee is absent from work on short notice due to illness or an emergency. However, all employees should be notified either verbally or in writing of the change to the roster before the date of the changed shift.
Maternity leave second time I am an RN employed in the public sector and will soon be applying for maternity leave. Following my return to work after a previous period of maternity leave, I have been working reduced hours for more than 12 months. What are my entitlements for my upcoming maternity leave?
As you are currently working reduced hours and have done so for more than 12 months, clause 34 (xv) of the Public Health System Nurses and Midwives’ (State) Award 2011 provides that you be paid maternity leave at the rate of your reduced hours.
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