Opening to support worker Guaranteed hours workshops 2017 Time to Care Opening to support worker Guaranteed hours workshops 2017 Do the Welcome and intro while this slide is up.

How did we get here? PSA with E tū support took a case about unpaid travel time and inadequate mileage payments. During settlement discussions everyone agreed more than just travel time needed to be fixed. As a result the settlement included travel time and costs and part B – Regularisation.

Part B and Regularisation A “regularised” home and community based support workforce has: The majority of workers employed on guaranteed hours. Training to enable Level 3 NZ Certificate qualifications within two years of commencing work consistent with the service needs of the population. Wages paid on the basis of the required levels of training of the worker. A case-mix/caseload mechanism to ensure the fair and safe allocation of clients to home support workers at a safe staffing level.

What has happened since?

What has been agreed around setting guaranteed hours? All workers except true casuals must be offered guaranteed hours by April 1 2017. The initial offer must be the greater of the following two calculations: 80% of the employee’s average hours over the 3 months prior to 1 December 2016 (therefore 20% are not guaranteed) to a maximum of 40 hours. or the “regular client hours” as agreed by the employer and the employee. The calculation includes sleepover hours and paid leave.

Employment Standards Legislation AKA “Zero Hours” Applied from 1 April 2016 for new workers and 1 April 2017 or when renewing employment agreements for existing workers. Requires guaranteed hours to be in writing and if agreed, when those hours are to be worked. Requires availablity payments for availability outside guaranteed hours. Removes restrictions on other employment.

Rights/ Responsibilities You must be paid for at least your guaranteed hours. You can’t say no to work during your guaranteed hours if the hours and days are agreed in advance unless there is good reason e.g. health and safety. You will not get paid twice for the same hour worked. You can do extra work/overtime if you agree. Do not let yourself be double rostered. If you want a day off, you need to apply for leave. Changes to days and hours must be by agreement.

How are guaranteed hours changed? An employee’s guaranteed hours can be increased by mutual agreement. Every reasonable effort needs to be made to find and provide replacement same or similar work as an alternative to reducing an employees guaranteed hours of work. Replacement work can be with short or long term clients. An employee’s guaranteed hours can be reduced following due consultation and with reasonable notice. Note: Guaranteed hours must be paid regardless of whether work is provided including during any notice periods.

0800 186 466 support@etu.nz

Now’s your chance to join us Have access to the union for advice and support around guaranteed hours. Be part of the push to win equal pay. Collective bargaining. Help with pay queries and advice. Have a stronger voice on the job. Support and representation around employment issues such as please explains, ACC, rehab plans etc. Free call numbers for urgent advice and support via phone. Contact us to join: E tū: 0800 186 466 support@etu.nz PSA: 0508 367 772 enquiries@psa.org.nz

What to do next: You will receive a letter today, which: Is a variation to your employment agreement. Confirms guaranteed hours being offered to you. Sign and return your letter: today; or after discussions with your union; or after discussions with your Branch Manager, Service Coordinator or HR; or after you seek independent advice.

What if you don’t agree to the guaranteed hours offered to you? You will have no guaranteed hours, and become a casual. You are under no obligation to agree to guaranteed hours. You can negotiate on the guaranteed hours offered to you. Your hours of work may change/ reduce with time. Not happy with your offer? Come speak to one of us. Final slide for presentation

Activities

True or False? 1. If your employer doesn’t provide enough work to fill your guaranteed hours they must pay you for the guaranteed hours anyway True

True or False? 2. The employer can roster you on at any time to make up your guaranteed hours, if your usual client is away or unwell for example False

True or False? 3. If you don’t sign up to guaranteed hours you may slowly lose hours as the work will be given to those on guaranteed hours first True

True or False? 4. There are two calculations employers can use to work out your guaranteed hours, they must offer you the option that gives you the most hours True

5. Your employer can make you sign up to guaranteed hours True or False? 5. Your employer can make you sign up to guaranteed hours False

True or False? 7. If you work the same set hours/client for more than six weeks which are not already included in your guaranteed hours and are not someone else’s set hours/client, these will become guaranteed True

True or False? 8. If a client, whose hours are part of your guaranteed hours, cancels for any reason, Your employer will find you alternative work or pay you True

True or False? 9. If you are required to be available outside of your guaranteed hours your employer must compensate you for this True

10. Your employer can restrict you having a second job True or False? 10. Your employer can restrict you having a second job False, though you may have to tell them about other jobs if it is in your agreement

True or False? 13. The number of guaranteed hours you are employed for will require your agreement True

True or False? 14. You can be offered less than 80% of your hours worked September – November as your guaranteed hours? False, the calculation must be at least 80%

True or False? 15. If you have been employed after November 2016 you will not be offered guaranteed hours .False, all home support staff will be offered it, the calculation will be based on a different time period

16. You can be forced to work weekends True or False? 16. You can be forced to work weekends True, although if you work weekends at the moment and they are part of your regular hours this would continue

17. You may not be rostered to the same clients every week True or False? 17. You may not be rostered to the same clients every week True

Definitions and terminology Re guaranteed hours Note that you are unlikely to do this. But its here in case on a particular definition will help other sections.

Guaranteed hours Means the base (minimum) number of hours a support worker is employed for and guaranteed on an ongoing basis. This will be the minimum number of hours they will be rostered for/work on a weekly/fortnightly basis as agreed and recorded in the section 61 letter of offer or subsequent variation.

Additional hours These are hours agreed between an employee and employer in addition to the employees guaranteed hours (a bit like working overtime). This could include cover for other workers leave/absenteeism, covering clients who have just come into service while they are allocated and short term clients (e.g assessed for six weeks or less home support which are not part of the calculation for guaranteed hours.

Reasonable notice (in relation to reductions in your guaranteed hours). This is agreed and recorded in your employment agreement. If you are on a collective agreement your Union would have bargained this with your employer. The notice should never be less than the notice for termination in your employment agreement (Usually two weeks).

Availability Availability is where an employer requires you to be available outside your agreed days and times without being able to say no to any work you don’t want to do without any negative connotations. Where availability is required the employer must pay you reasonable compensation. Examples of availability includes; being on call, having to be available to be rostered for a span of hours longer than what you have guaranteed where you can’t say no to work e.g. 5hours guaranteed but work is rostered between 7am and 3pm (8 hours) requires 3 hours availability.

  Short term clients Clients assessed for 6 weeks or less home support and who receive home support for 6 weeks or less. If they are assessed for only 6 weeks support and then get assessed and remain as a client for any longer than six weeks total.

  Cancellations Where work is cancelled you can be asked to do alternative work at the same time and day as a replacement and you will only be paid once. If alternative work can’t be provided you get paid what you would have had you done the hours for the cancellation.

  Section 61 letter This is a letter recording employment conditions which are in addition to the workers employment agreement. The contents are binding and enforceable.

  “Permanent worker” means a part-time or full time employee who works the same shifts (days and times) of guaranteed hours per week or fortnight. A permanent worker is employed for indefinite term and has an ongoing expectation of employment i.e. is not fixed term or casual as defined below

  “Casual employee” means an employee who has no set hours or days of work and who is normally asked to work as and when required. This would normally be in the case of covering staff leave and absenteeism or short notice situations. Casual employees cannot be used to replace genuine permanent hours except to meet short term business requirements.

  “Fixed Term Employee” means an employee employed on a full or part-time basis for a specified project or event, or used to replace an employee who has taken leave.  A fixed term employee shall be employed for a fixed term relating to either time or completion of the work task and shall have guaranteed hours during this project, event or leave period. There is no expectation of ongoing employment at the end of the fixed term.