Media statement Tuesday, September 13, 2011

Not all staff sleeping over have to be paid

Not all employees sleeping over will have to paid, says David Lowe, Employment Services Manager for the Employers & Manufacturers Association.

"EMA is getting many phone calls from care providers who wrongly think they might have to start paying all staff who sleepover," Mr Lowe said.

"Employers should get advice about whether the recent decision applies to them.

"Staff sleeping over only need to be paid when they have to sleep with one eye open.

"The question employers have to ask themselves is whether the person is working when asleep.

"The courts have set a test which includes the number of times the person is interrupted at night, their level of responsibility while they are asleep, and the general restrictions on their activities.

"A person sleeping over who is required to assist only in the event of a rare emergency is unlikely to qualify for a sleepover payment, and these people often have a daytime job elsewhere."

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