Should carer be paid for overnight stay?

E

elizabeth

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A friend of mine started work as a care assistant a week ago. She goes to work on Monday afternoon and finishes Wednesday afternoon and sleeps over the two nights. She is "on duty" for 26.5 hours over the two days, including 4 hours of time off in total. This does not include the hours that she sleeps there. She cooks, cleans and generally looks after a patient who is completely immobile. (She has help with moving the patient). She is being paid €200 in total. This works out at €7.5 per hour but the time she must sleep there is not included. Is this legal?
 
I don't know whether it is legal or not but we pay €80 for staying overnight from 10.30pm to 9am. The carer has to put my father to bed, get him up in the morning and give him breakfast. We pay €10 an hour for day time.
 
Some organisations pay a sleep over allowance if the carer is required to sleep over, it would be at a lower rate than if the carer was actually working.

Does she have an employment contract ?

It would be best if she sought advice from citizen information about her rights.
 
If she is "on call" while she sleeps there then she is entitled to be paid. There have been a few cases in the past number of years in the European courts which state that "on call" time is regarded as working time. Looks as though she is also paid below the minimum wage, she should contact www.employmentrights.ie
 
Is your friend sleeping their by choice or has she been asked to sleep their ?
If she has been asked to sleep their - then she is entitled to an overnight allowance.

If the patient wakes up in the night, is it your friends responsibility to look after the patient, or is their another relative that also sleeps over ?
 
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