Unauthorised overtime by employee

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pangur

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Have hired a carer to take care of my elderly parent. The carer is contracted to work 35 hours per work and be paid overtime at an hourly rate for any additional work. I provided a timetable which covered the schedule for a 35 hour week. The carer submitted a time sheet to me which included 15 hours unauthorised overtime in a single week. I have paid the carer for this but requested in writing that she not do this again and to follow the timetable that was provided to her. What is the situation if she continues to do unauthorised overtime? Am I obliged to pay it?
 
Did you find this carer through an agency? If so, I would notify the agency of it. There is no reason why they should be working 40% more hours than requested. You've told them not to do it without you authorising it, so if they do it again, don't pay them.

In fact, I'd get a new carer.


Steven
www.bluewaterfp.ie
 
This is not a typical employee overtime situation though.presumbably the carer had some reason to believe the extra hours were needed. Did your parents ask for extra help? Its an akward position. Talk to parents and the carer and try to resolve the situation. I would prefer someone with a heart rather than a stopwatch doing this job
 
No obligation to pay so long as you have made it clear that any overtime must be authorised in advance by you, and only you.
 
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bleary said:
This is not a typical employee overtime situation though.presumbably the carer had some reason to believe the extra hours were needed. Did your parents ask for extra help? Its an akward position. Talk to parents and the carer and try to resolve the situation. I would prefer someone with a heart rather than a stopwatch doing this job
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I would be suspicious of someone doing that much unauthorised overtime. If they are an experienced carer, they should know the drill too and make sure to talk to the person paying the bill.

This carer seemed to have the stopwatch out because they were counting up all the overtime they were getting!!
 
It's an extra 3 hours a day, I think that would be noticeable if you were supposed to leave at 4 but didnt get out till 7.
I agree they should try to resolve things but it is difficult when some one asks you to stay or help and then the bills are paid by a different person.
If they are taking advantage of the situation that is an issue that needs to be resolved but a good carer is not easy to find and my approach would not be to go in all guns blazing.
 
Is the carer required to sleep-over on the premises?

What were the times for the 35hr schedule?

Is the hourly rate for overtime different to the basic hourly rate?
 
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bleary said:
If they are taking advantage of the situation that is an issue that needs to be resolved but a good carer is not easy to find and my approach would not be to go in all guns blazing.
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Agree here - you need to find out if your parents requested them to stay and/or why they felt the need to do an extra 3 hours per day.

But you have said no payment without your express authorisation going forward, so that is relatively clear.
I am assuming if you have a time-sheet system, you also have a contract with the person?
 
Does she clock-in and out? I have a cousin who works as a carer and it is her policy that she contacts the nominated family member (of the person she is caring for) when she arrives and when she leaves. She does this using the landline in the house of the cared for person. This way they know that she is at the house and also when she is leaving. On the very rare occasion she may have to stay late she will call the nominated person again.
Has your parent got cognitive function problems? Is there a possibility that he or she is asking the carer to stay on outside the agreed hours?
 
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