Compensatory Rest. 15. Article 17(2) WTD permits derogation from the rights in the WTD to daily rest of 11 consecutive hours in each 24 hour period (art.3), rest breaks where the working day is more than 6 hours (art.4) and a weekly rest period of 24 hours plus 11 hours’ daily rest (art 5) in the specific circumstances set out in Article 17(3), 17(4) and 17(5), provided that compensatory rest is offered.
Compensatory Rest. At the termination of the reserve assignment at the home domicile, the APSB Reserve must have rest equal to double the time spent on duty on the day the duty exceeds twelve hours and thirty minutes (12:30). If the Reserve is scheduled for a reserve availability period during that time, s/he will be pulled from a sufficient number of hours of reserve or sufficient flights with pay to receive the necessary rest.
Compensatory Rest. 7.1. The health and safety of the Consultant and patients is paramount. Consultants by undertaking Resident On-call duty may not achieve the daily or weekly rest requirements for the Working Time Regulations and Compensatory Rest.
Compensatory Rest. 9.1 When work "
Compensatory Rest. Workers must, whenever possible, be given an equivalent period of rest the same length as the period of rest or part of a period of rest, that the worker has missed. Compensatory rest should be taken as soon as possible after the missed rest period and ideally within 14 days.
Compensatory Rest. 7.4.1 Where there is a breach of the overnight break the Artist shall be given an equivalent period of compensatory rest within four Weeks.
Compensatory Rest. When work “significantly” infringes upon a prescribed rest break as set out in the Regulations, the full compensatory rest period (over and above any form of leave) will be granted. For the purpose of this agreement, any interruptions between 11:00 pm and 7:00 am will be treated as significant unless the doctor considers it otherwise. Between 5:00pm – 11:00pm and 7:00am – 9:00am a telephone call would be treated as a trivial interruption unless it is lengthy and has knock on effects over 30 minutes which may include a consequent clinical commitment. If a doctor is called into the hospital this will be treated as a significant interruption. It is confirmed that doctors on part-time contracts are entitled to the same compensatory rest breaks as doctors on whole time contracts. Compensatory rest must be uninterrupted and taken at a time when the doctor is otherwise scheduled to undertake his/her normal contractual commitment. It is agreed that any compensatory rest will normally be built into the rota commitments i.e. taken every 4 – 8 weeks. In any event, compensatory rest will be taken in the same 26 week reference as it is accrued. Rest entitlements will be reviewed in each Division every 26 weeks. When monitoring compensatory rest entitlements, doctors will calculate encroachment on prescribed rest breaks in relation to 24 hours rest per week/48 rest per fortnight. In order to calculate entitlements to compensatory rest doctors will monitor the total hours worked (including hours worked on-call) over a minimum of four weeks using the diary in Appendix 1.
Compensatory Rest. 10.1 Arrangements for compensatory rest will be clearly defined for each on-call service, whether on-call workloads are high and compensatory rest is routinely necessary, or on-call workloads are generally low and compensatory rest is only occasionally required.
Compensatory Rest. Where it has not been possible to take the full entitlement to rest provision, employees are eligible to compensatory rest. Line Managers are responsible for ensuring that compensatory rest is provided, within a reasonable time from when the entitlement to rest was modified. This is usually within two weeks from when the entitlement to rest was modified. Line Managers must assess the urgency of the timing of compensatory rest in terms of the health and welfare of both staff and patients/clients. Compensatory rest does not necessarily mean providing an employee with time off in lieu. It is believed that all employees are currently afforded equivalent periods of compensatory rest. It is argued that as an employee cannot, unless by derogation or individual agreement, work more than 48 hours per week and they are statutory entitled to 90 hours rest per week and there is 168 hours available per week then:- 168 (hours available per week) - 90 (daily and weekly break hours) = 78 hours - 48 hours (working time) = 30 hours that could be used as compensatory rest. So that if an employee works late shift one day then early shift the next they will only get 10½ hours rest rather than 11 hours. This employee however has two days off per week, where the Regulations state that they are entitled to 24 hours off. The additional 24 hours are compensatory rest. There will be exceptional circumstances where time off in lieu will be required to be given and departmental arrangements will be required to be made.
Compensatory Rest. The principle underpinning compensatory rest is that it is a meaningful alternative to being able to take rest (i.e. in work rest break or the daily rest break) at the appropriate time. It is acceptable only when rest has not been taken and where the worker’s activities involve the need for continuity of service in relation to reception, treatment or care of patients. In order to be meaningful or relevant compensatory rest must be available as soon as possible after the missed rest period but it is recognised that this will require a flexible approach to provide cover. In circumstances where an employee’s entitlement to an in work rest break or daily rest break either does not apply or is modified, the employee must be permitted to take an equivalent period of compensatory rest or in exceptional cases, where providing equivalent compensatory rest is not possible, be given other appropriate protection. Line Managers are responsible for ensuring that compensatory rest is provided, within a reasonable time, usually within two weeks or that appropriate protection is afforded in exceptional circumstances. Compensatory rest for failure to achieve 11 hours daily rest does not necessarily mean providing an employee with time off in lieu. Employees can currently be afforded opportunities for compensatory rest throughout the course of their working week. An employee cannot, unless by individual agreement, work more than an average of 48 hours per week. They are entitled under the Regulations to 90 hours rest per week (6 x 11 hours of daily rest plus 1 x 24 hours of weekly rest). There are 168 hours available per week, so therefore:- 168 (hours available per week) – 90(daily and weekly break hours) = 78 hours less 48 hours (working time) = 30 hours available for compensatory rest. Therefore, in most circumstances there is adequate opportunity for compensatory rest to be given. However, there will be exceptional circumstances where time off in lieu must be given. In these circumstances, department arrangements must be made.
