Unpaid break time pay rules

Award settings allowing more intuitive unpaid break rules. 

foundU has features in assisting you to manage your employee's breaks. 

You can:

  • View, edit and approve break durations for employees in Approve shifts.
  • Specify at what point in a shift the unpaid break should be applied.
  • Set up an automated overtime pay rule when break time is not taken within a chosen amount of hours.

When managing unpaid breaks in your platform, there are many things that affect breaks such as:

  1. Admins entering break durations in Approve Shifts
  2. Employees clocking on /off for breaks
  3. Shift interpretation setting in Award settings
  4. And break rules within pay rules

The shift interpretation in your platform will respect these in order from 1-4, with Approved shift break duration and clocked breaks always overriding the settings.

There is one exception to this, if you selected the clock setting to 'Ignore clocked break duration in favour of original rostered break duration'.


Unpaid break setting in Award settings

To adjust the point in a shift where the unpaid break should be applied within your shift interpretation you can adjust the settings within your Award. As this is applied at the Award level, it will apply to the entire Award. 

  Please note this Screen Navigation has no sound, please watch and follow along for helpful tips on the Break settings.


To make this adjustment to an Award:

  1. Navigate to the hamburger icon > Awards & Agreements, select the relevant Award to adjust.
  2. Select Rate labels and Settings.
  3. Scroll down to the setting 'At what point in the shift should an unpaid break be applied?', and make your selection. You can choose between:
    • Start of shift
    • 4 hours from start time
    • End of shift

If an employee does not clock for a break or have their break recorded in Approve Shifts, this is the point at which the break will be applied in the shift interpretation.


 For example, with this setting on:  Gemma works 9am to 5pm and does not record a break time via clocking, therefore her unpaid break time will be applied at 4 hours from her start time.

Please note: If an employee has a recorded break time via clocking, this recorded break time will always be used over settings.

Managers and Admins have the ability to adjust the start time of a break and the duration in Approve shifts. Keep this in mind if you need to make changes to your employee's breaks.

  Please note this Screen Navigation has no sound, please watch and follow along for helpful tips on making changes to an Employee's break time in Approve shifts.


Unpaid breaks in pay rules

If you would like to manage break behavior within a particular position, you can so do within the Position and Pay rules within your awards:

This will give you the ability to:

  1. Specify within how many hours an unpaid break should occur.
  2. And the rate to pay should that break not occur within the specified time period.

To enable this setting:

  1. Navigate to the hamburger icon > Awards & Agreements, select the relevant Award name and from the sub menu select Positions and Pay Rules.
  2. Select edit on the relevant position.
  3. See the section for 'Unpaid break within'
    • Select the unpaid break within xx hours
    • And the rate label to pay at after that time period.
    • You can also add in a label override for the penalty e.g. Unpaid break.

The below indicates that if an employee does not take their break within the first 5 hours of their shift, they will be paid time and a half every hour after that until they do have that break. 

For example with the above setting:

  • If Gemma works this position and is working 9 am to 5pm. If Gemma does not take her break until 3 pm (6 hours into her shift), she will be paid 1.5 (OTE) for the one hour after 5 hours and before 6 hours.
  • Also, If Gemma does not clock for a break at all and an admin does not add one into Approve shifts, she will be paid 1.5 (OTE) for every hour after her 5th hour of work.

Please consider, if you would like to make this change to multiple positions within an Award you can use the suitcase icon to copy these changes to other positions. Please consider that this will copy all of the pay rules across all positions and do this with caution. The bottom of this guide will help you.

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