Posted on Dec 29, 2017
Does a lunch hour count as a "work hour" for a pregnant soldier (35-weeks) on a profile?
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Profiles
Equal Opportunity Advisor
Pregnancy
SGT
Posted >1 y ago
Responses: 12
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Who in their right mind told a pregnant soldier to either skip lunch or violate a profile? Hit the regs, black and white wins the fight. Go read the command's policy letters, get a statement in writing from the doctor that a pregnant woman should not skip meals... (That's just dumb) and if they constitute her lunch as a break then she will have to work her full 8 hours. Somebody higher up isn't going to let that fly.... Every command team in the army has an open door policy, start low in the chain and work your way up until the problem is fixed.
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SSG (Join to see)
Thank you for you comment we are going to try to get with legal, it’s got to that point. Believe it or not there are those without common sense in leadership positions.
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SFC (Join to see)
There seems to be no violation. The soldier is on a profile to only work 8 hours. A lunch break is not included in that 8 hour obligation because that would mean that they get away with only 7 hours of work.
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SFC (Join to see)
I skipped lunch a couple times when I was pregnant. No one made me...I just did it. As long as you don't regularly skip meals when pregnant you're fine. No one should be ordering a pregnant woman to skip meals.
Where did you say that she was ordered to skip lunch? You just asked "Does a lunch hour count as a "work hour" for a pregnant soldier (35-weeks) on a profile?" Yes it counts as your work time but that doesn't mean you don't get to take lunch. Everyone else gets lunch from 1130-1300. She's still on duty just at lunch. I'm confused.
Where did you say that she was ordered to skip lunch? You just asked "Does a lunch hour count as a "work hour" for a pregnant soldier (35-weeks) on a profile?" Yes it counts as your work time but that doesn't mean you don't get to take lunch. Everyone else gets lunch from 1130-1300. She's still on duty just at lunch. I'm confused.
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First off, if you’re 35 weeks pregnant and NOT on a profile, there’s a HUGE issue. Second of all, your 8 hours includes PT hours and lunch essentially. With both my pregnancies I was off at 1500 every day starting at 28weeks per my profile. If your unit is doing otherwise they’re wrong.
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SSG (Join to see)
Yea she has a profile but since the reg isn’t saying anything about lunch shes getting unnecessary friction for an hour...
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AR 40-501, Standards of Medical Fitness (14 June 2017)(excerpts only, read section for yourself)
http://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/ARN3801_AR40-501_Web_FINAL.pdf
7–9. Profiling pregnant Soldiers
a. Intent. The intent of these provisions is to protect the fetus while ensuring productive use of the Soldier. Common sense, good judgement, and cooperation must prevail between policy, Soldier, and Soldier's commander to ensure a viable program.
b. Responsibilities.
(3) Unit commander. The commander will counsel all female Soldiers as required by AR 600–8–24 or AR 635–200. The unit commander will consult with medical personnel as required.
c. Physical profiles.
(1) Profiles will be issued for the duration of the pregnancy. The MTF will ensure that the unit commander is provided a copy of the profile, and advise the unit commander as required.
d. Limitations. Unless superceded by an occupational health assessment, the standard pregnancy profile, DA Form 3349, will indicate the following limitations:
(12) At 28 weeks of pregnancy, the Soldier must be provided a 15-minute rest period every 2 hours. Her workweek should not exceed 40 hours and the Soldier must not work more than 8 hours in any 1 day. The 8-hour work day does include one hour for physical training (PT) and the hours worked after reporting to work or work call formation, but does not include the PT hygiene time and travel time to and from PT.
http://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/ARN3801_AR40-501_Web_FINAL.pdf
7–9. Profiling pregnant Soldiers
a. Intent. The intent of these provisions is to protect the fetus while ensuring productive use of the Soldier. Common sense, good judgement, and cooperation must prevail between policy, Soldier, and Soldier's commander to ensure a viable program.
b. Responsibilities.
(3) Unit commander. The commander will counsel all female Soldiers as required by AR 600–8–24 or AR 635–200. The unit commander will consult with medical personnel as required.
c. Physical profiles.
(1) Profiles will be issued for the duration of the pregnancy. The MTF will ensure that the unit commander is provided a copy of the profile, and advise the unit commander as required.
d. Limitations. Unless superceded by an occupational health assessment, the standard pregnancy profile, DA Form 3349, will indicate the following limitations:
(12) At 28 weeks of pregnancy, the Soldier must be provided a 15-minute rest period every 2 hours. Her workweek should not exceed 40 hours and the Soldier must not work more than 8 hours in any 1 day. The 8-hour work day does include one hour for physical training (PT) and the hours worked after reporting to work or work call formation, but does not include the PT hygiene time and travel time to and from PT.
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CPO (Join to see)
There is no time clock, but not many employers of hourly employees include their worker's lunch hour each day when adding up their 40-hour work week. Is the meal hour considered a "work hour"? Not by most employers.
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