SCHADS Hours & Leave: Key Rules for NDIS Providers

For NDIS providers, managing staff hours and leave correctly is just as important as paying the right wages. The SCHADS Award establishes clear guidelines regarding the maximum number of hours employees can work, when overtime applies, how rosters should be managed, and the types of leave staff are entitled to. 

Understanding these rules helps you stay compliant and ensures your workforce is treated fairly, reducing the risk of disputes or underpayments. This article combines the two key areas of working hours and leave entitlements, providing a comprehensive overview of employee conditions under the SCHADS Award.

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Ordinary Hours of Work

Under the SCHADS Award, the standard working week for employees is based on 38 hours. These hours don’t always need to be worked in a strict five-day, 9–5 pattern. Instead, employers and employees can agree to spread them out in different ways:

• 38 hours across a week, usually in shifts of up to 8 hours each.
• 76 hours over a fortnight (10 shifts of up to 8 hours).
• 152 hours across four weeks (19 shifts of 8 hours).

With agreement, shifts can stretch up to 10 hours, giving employers flexibility to schedule according to service needs, while still keeping within safe working limits.

Span of Hours

The Award sets out when these hours can be worked. For day workers, ordinary hours fall between 6:00 am and 8:00 pm, Monday to Sunday. Work done outside this span, or for those considered shiftworkers, usually attracts different rules. This span ensures that hours are reasonable and that extra payments apply when employees are asked to work late evenings, nights, or irregular shifts.

Shiftwork

Employers must confirm in writing when they are engaging an employee as a shift worker and set out the period of work.

There are three main types of shifts:

• Afternoon shift: finishes after 8:00 pm and at or before midnight (Monday to Friday).
• Night shift: finishes after midnight or starts before 6:00 am (Monday to Friday).
• Public holiday shift: any hours worked between midnight before a public holiday and midnight on the holiday itself.

These shifts attract different penalty rates to compensate employees for working unsociable hours.

Rostered Days Off

Employees (other than casuals) must be given proper time off to rest. The SCHADS Award requires at least:

• Two full days off each week, or
• Four full days off each fortnight, or
• Eight full days off in each 28-day cycle.

Where possible, these days off should be consecutive so that employees can properly recover.

Rest Breaks Between Shifts

To ensure safe working conditions, employees must have at least 10 hours off between finishing one shift and starting the next. If the shift is connected to a sleepover arrangement, this break can be reduced to 8 hours if both the employer and employee agree.

Rosters

Work hours for each employee must be clearly displayed on a roster that covers at least a fortnight. Employers must:

• Post the roster at least two weeks before it begins.
• Make sure the roster is in a place that employees can easily access.
• Communicate roster arrangements and changes through any suitable method, including phone, email, or other electronic means.

Casual or relieving staff do not necessarily need to have their hours displayed on the roster.

Changes to Rosters

As a general rule, employees must be given seven days’ notice if their roster is changed. However, there are some exceptions:

• If two employees agree to swap shifts (with employer approval).
• If an employee is absent because of illness or in an emergency.

For part-time staff, if extra hours are added but they still receive their required days off, this does not count as a formal roster change.

Employers should also try to show any accrued days off (ADOs) on the roster.

Client Cancellations

In the home care and disability services sector, client cancellations are common. The SCHADS Award sets out what happens if a client cancels a service within 7 days of when it was due:

• The employer can reassign the employee to other suitable work during the rostered time, or
• Cancel the shift (or part of it).

If the shift is cancelled, the employee must still be paid as if they worked, unless the employer offers make-up time (with at least 12 hours’ notice for the cancellation and 7 days’ notice for the new shift). Any make-up time must be worked within 6 weeks and must be arranged in consultation with the employee.

This ensures that employees don’t lose income unfairly due to last-minute client changes.

Broken Shifts

Broken shifts rulings only apply to Social and Community Services employees providing disability services and Home Care employees, so they apply to many NDIS roles. A broken shift splits work into separate periods in the day with unpaid breaks in between.

• Employees may work 2 periods with 1 unpaid break or, by agreement, 3 periods with 2 unpaid breaks.
• Payment includes ordinary pay plus any applicable weekend, public holiday, and overtime rates.
• Shift allowances, such as afternoon or night shift rates, apply only to periods meeting the definitions of those shifts.
• The total span of a broken shift is up to 12 hours, and a minimum 10-hour break must be provided between broken shifts on successive days.
  
  

Sleepovers

A sleepover occurs when an employee is required to stay overnight at the client’s location, such as a participant’s home or respite facility. This is not considered 24-hour care or part of an excursion.

• Sleepovers are a continuous 8-hour period, and employees must be provided with a private room, bed, clean linen, and access to facilities and food.
• Employees receive a sleepover allowance in addition to their base pay.
• If work is required during the sleepover, it is paid at overtime rates with a minimum payment of one hour.
• Work immediately before or after a sleepover must include at least four hours’ pay, in addition to the sleepover allowance.
  One hour minimum payment: This means that even if an employee only works for a few minutes (for example, being called during a sleepover to assist a client), they must be paid as though they worked a full hour.
  It ensures staff are fairly compensated for interruptions outside their ordinary hours.

24-Hour Care

24-hour care applies when employees provide support over a full day, usually in residential or supported accommodation. This type of shift can only be worked by agreement between the employer and employee. During the shift:

• Employees provide no more than 8 hours of active care.
• They must be given the chance to sleep for 8 continuous hours, with a private room, bed, clean linen, and access to facilities, meals, and free board and lodging.
• Hours worked are paid at ordinary, penalty, or overtime rates depending on when they occur.

This setup ensures that while care needs are met, employees also receive proper rest and fair compensation.

Excursions

Excursions cover situations where employees supervise clients during activities that take place outside the usual care environment, such as community programs, outings, or overnight trips. When an employee agrees to take part in an excursion involving an overnight stay, the following rules apply:

Monday to Friday excursions

• Employees are paid their ordinary rate for up to 10 hours of work between 8:00 am and 6:00 pm.
• Hours worked outside this span can be taken as overtime pay or, if agreed, accrued as time off.
• A sleepover allowance also applies to overnight stays.

Weekend excursions

If excursions fall on a Saturday or Sunday, the total days worked across the two-week roster cycle (including that weekend) must not exceed 10.

Remote Work

Under the SCHADS Award, remote work is when an employee performs tasks outside their normal rostered hours and not at a designated workplace, such as responding while on call or attending online meetings. Employees receive minimum payments for remote work, with extra rates for work outside ordinary hours, weekends, or public holidays. Time spent on remote work must be recorded, and it does not count toward rostered days off, rest breaks, or overtime accruals. 

Saturday and Sunday Work

Under the SCHADS Award, employees who work on weekends receive higher pay rates to reflect the unsociable hours. For ordinary hours worked:

• Saturday (midnight Friday to midnight Saturday): 150% of the ordinary rate of pay
• Sunday (midnight Saturday to midnight Sunday): 200% of the ordinary rate of pay

For casual employees, the weekend rates include the casual loading:

• Saturday: 175% of the ordinary rate (inclusive of casual loading)
• Sunday: 225% of the ordinary rate (inclusive of casual loading)

These weekend rates replace shift premiums and are separate from any overtime payments.

Breaks

Breaks are important for employee well-being and productivity. The SCHADS Award provides:

Meal breaks:

• Employees working more than five hours are entitled to an unpaid meal break of 30–60 minutes, taken at a mutually agreed time.
• If an employee must work through a meal break, they are paid overtime for that time.
• Meals taken as part of client care or programs are paid at the ordinary rate and count as work time.

Tea breaks:

• Employees are entitled to a paid 10-minute tea break every four hours.
• Tea breaks count as time worked and are scheduled in agreement with the employee.

Overtime

Under the SCHADS Award, overtime and penalty rates ensure employees are fairly compensated for work beyond their ordinary hours or during unsociable times. This is especially relevant for NDIS providers, where staff often work flexible hours to meet client needs.

Overtime Rates

Full-time Employees

• Disability services, home care, and day care: Time and a half for the first 2 hours, double time thereafter (Monday–Saturday).
• Social and community services and crisis accommodation: Time and a half for the first 3 hours, double time thereafter (Monday–Saturday).
• Sundays: Double time.
• Public holidays: Double time and a half.

Part-time and Casual Employees

• Overtime beyond 38 hours per week or 10 hours per day: Time and a half for the first 2 hours, double time thereafter.
• Sundays are Double time.
• Public holidays: Double time and a half.

Time Off and Rest Periods

Employees and employers can agree in writing for overtime to be taken as time off instead of pay. The time off must equal the overtime hours worked and be taken within three months. If it is not taken, or if the employee requests payment, the employer must pay the overtime at the correct rate. Importantly, no pressure can be placed on employees to accept time off instead of payment.

Employees (other than casuals) are also entitled to proper rest after overtime. They must have at least 10 consecutive hours off between finishing one shift and starting the next. If this is not possible and they continue working, they must be paid at double time until they receive the full rest break.

Recall and Meal Breaks

If an employee is recalled to work after leaving the workplace, they are guaranteed a minimum of two hours’ pay at the applicable overtime rate, even if the job finishes sooner. This protects staff from being underpaid for short recalls.

For longer overtime periods, employees must also be given meal breaks. A 20-minute paid break applies after four hours of overtime, and another 20 minutes after each additional four hours. Meals must be provided free of charge, or if the employer cannot provide them, a meal allowance must be paid.

Leave and Public Holidays

Under the SCHADS Award, employees, including those working in NDIS services, have clear entitlements for leave and public holidays, complementing the National Employment Standards (NES).

Annual Leave

• Standard leave is provided under the NES, with additional provisions for shift workers (e.g., those working many weekends or 24-hour care shifts), who are entitled to an extra week of annual leave.
• Annual leave loading: Employees (except shift workers) receive 17.5% of their ordinary pay; shift workers get the higher of 17.5% or weekend/shift penalties.
• Advance leave: Employers may allow leave to be taken before it is accrued, with a written agreement. If employment ends before accrual, the unearned portion can be deducted.
• Cashing out leave: Employees may cash out leave in writing, ensuring at least 4 weeks of leave remain and no more than 2 weeks are cashed out in 12 months.
• Excessive leave management: Employees with over 8 weeks (or 10 weeks for shift workers) of accrued leave may be directed by the employer to take leave or may request leave themselves, subject to minimum period and timing rules.

Other Leave Types

• Personal/career's leave and compassionate leave: As provided under the NES.
• Parental leave: Governed by the NES, including extensions in some cases.
• Community service leave: Provided for under the NES.
• Ceremonial leave: Up to 10 working days unpaid for Aboriginal or Torres Strait Islander employees required for cultural ceremonies.
• Family and domestic violence leave: NES provision; employers must handle related information confidentially, and reasonable evidence may be requested.

Public Holidays

• Employees required to work on a public holiday receive double time and a half.
• Casual employees receive 275% of ordinary pay (including casual loading).
• Employees may request to substitute another day for a public holiday if the employer agrees.

These provisions ensure that NDIS employees and other SCHADS Award-covered staff are fairly compensated, can manage work-life balance, and are supported during personal, cultural, or other emergencies.

Quick Questions

1. What are ordinary hours under the SCHADS Award?
   Ordinary hours are typically 38 hours per week, which can be arranged in different patterns (daily, weekly, or fortnightly). Shifts can go up to 10 hours with agreement.
2. How much notice must be given for roster changes?
   Generally, at least 7 days’ notice is required, except in emergencies, illness, or mutually agreed shift swaps.
3. When does overtime apply, and how is it paid?
   Overtime is paid for work beyond ordinary hours, with rates varying:
   
   • Monday–Saturday: Time and a half for the first 2–3 hours, double time after
   • Sundays: Double time
   • Public holidays: Double time and a half
     
4. What are the minimum payments for remote work under the SCHADS Award?
   Employees doing remote work must be paid at least:
   • 15 minutes if on call between 6 am and 10 pm
   • 30 minutes if on call between 10 pm and 6 am
   • 1 hour if required to work but not on call
   • 1 hour if participating in remote staff meetings or training
     
5. Can employees take annual leave before it is accrued?
   Yes, with a written agreement. If employment ends before leave accrual, the unearned portion may be deducted from final pay.
6. Can annual leave be cashed out?
   Yes, if both employer and employee agree, but at least 4 weeks of leave must remain, and only 2 weeks can be cashed out in 12 months.
7. How are public holidays paid?
   Employees working on a public holiday are paid double time and a half; casuals receive 275% of ordinary pay (including casual loading). Employees may request a substituted day with employer approval.
8. What rest breaks are employees entitled to?
   
   • Paid 10-minute tea breaks every four hours
   • Unpaid meal breaks of 30–60 minutes for shifts over 5 hours
   • Minimum 10 hours off between shifts (8 hours for agreed sleepovers)
     
9. Do casuals get leave entitlements?
   No, casuals receive a 25% casual loading instead of paid leave.
10. What happens if a client cancels a shift?
    Employers can reassign the employee or cancel the shift. If cancelled, the employee must generally be paid as if they worked, unless make-up time is offered within the rules.

Conclusion

Following the SCHADS Award ensures NDIS providers treat their employees fairly while meeting operational needs. From ordinary hours and rosters to overtime, remote work, and leave, understanding these rules prevents underpayments, disputes, and compliance issues. By applying these guidelines thoughtfully, providers can build trust with staff, improve workforce satisfaction, and deliver high-quality care to participants. 

For official reference and updates, consult the following resources.

• To access information on Hours of Work and related matters under the SCHADS Award - Hours of work in the Social, Community, Home Care and Disability Services Industry Award.
• To view the full Social, Community, Home Care and Disability Services Industry Award, including classification details and schedules, check out this link - Social, Community, Home Care and Disability Services Industry Award 2010
• To check the minimum employment entitlements for leave, public holidays, and other conditions, refer to this link - Part 2-2-The National Employment Standards.