ASMOF (NSW) & AMA (NSW) ALLIANCE FAQs
NSW Public Hospital Medical Officers Award – Did You Know?
Click on one of the headings below for more information on your entitlements.
Hours of Work
- Your ordinary hours of work should not exceed an average of 38 hours per week.
- This can be worked over either:
- 40 hours in any period of 7 consecutive days; or
- 80 hours in any period of 14 consecutive days.
- You are granted 1 additional roster leave (ADO) per calendar month which may accumulate to a maximum of 3 days, and be taken in multiples of 1 day.
- You should be given at least 2 weeks’ notice of rosters to be worked in relation to your ordinary hours of work; and where practicable, in relation to additional (overtime) rostered hours of work.
- The employer may change the rosters without notice to meet any emergent situation.
Allocated Days Off (ADO)
- Your workplace should ensure that your ADOs are rostered monthly and they should be taken as rostered.
- You should not accrue more than 3 ADOs. Where you have and you work the 4th and subsequent days, they should be paid at overtime rate.
- You cannot lose ADOs as you have already worked the hours.
- ADOs cannot be taken in half days.
- You should be free from the ordinary hours of duty of not less than 2 days per week or 4 days in each fortnight.
- Where practicable, days off should be consecutive and, where possible, additional rostered days off should be combined with other rostered time off.
- All time worked in excess of 10 hours in any one shift shall be paid as overtime, and will be paid at the rate of time and a half for the first two hours and double time for the remainder.
- All overtime performed on a Sunday shall be paid at double time.
- If you work more than 80 hours over a fortnight you are entitled to be paid overtime rates.
You are required to work reasonable overtime at overtime rates.
- You may refuse to work overtime in circumstances where the working of such overtime would result in you working hours which are unreasonable, having regard to certain factors under the Award such as any risk to employee health and safety.
Except for casuals, medical officers are entitled to 4 calendar weeks of annual leave on full pay. This leave accrues on each anniversary date.
Annual leave should be given and taken in one consecutive period or in either two or three separate periods if mutually agreed by you and your employer.
Most JMOs are entitled to 5 weeks of additional annual leave as shift workers.
You are allowed sick leave on full pay by allowing 76 “ordinary” hours per year, granted in advance, for each year of continuous service.
You become eligible for a full year’s entitlement of paid sick leave on the first day of the fourth month of employment. In subsequent years further paid sick leave is available on the anniversary of employment.
You should note:
Your employer may require the sickness to be certified by the medical superintendent or by a legally qualified medical practitioner approved by the employer or may require other satisfactory evidence of your sickness.
You are not entitled to paid sick leave until the expiration of 3 months’ continuous service.
You must take reasonably practicable steps to inform your employer of your inability to attend for duty as far as possible to indicate the estimate duration of the absence.
The maximum sick leave in any one day is 8 hours.
You are entitled to 14 weeks of paid maternity leave once you have completed 40 weeks’ continuous service prior to the expected date of birth.
You can elect to have this paid to you on a fortnightly basis or in advance in a lump sum or at the rate of half pay over 28 weeks on a regular fortnightly basis. It will be paid at your ordinary rate of pay.
If you are entitled to paid maternity leave – you are entitled to a further period of unpaid maternity leave of not more than 12 months after the actual date of birth.
If you are not entitled to paid maternity leave – you are entitled to unpaid maternity leave of not more than 12 months.
If you are required to work on a public holiday, you will be paid for the hours worked at the rate of time and a half. In addition, you will have 1 day added to annual leave for each public holiday so worked unless time off in lieu has been granted.
If a public holiday falls on a rostered day off – you will have one day added to annual leave.
Medical officers, other than interns, may be allowed study leave without loss of pay as follows:
Face-to-face courses: half hour study time for every hour of compulsory lecture and/or tutorial attendance, up to a maximum of 4 hours study time per week.
Where no face-to-face is provided – a maximum of 4 hours study time per week for a maximum of 27 weeks per year.
Courses that qualify for study leave: Courses which lead to higher medical qualifications as defined under this Award and which when obtained would be relevant to the needs of the hospital.
Medical administrators & medical officers should establish simple and effective procedures to record when officers are required to work through their meal break and to ensure that payments are made.
Meal breaks outside of Monday to Friday day shift shall be paid meal breaks regardless of whether they are taken or not.