Sleepover Rules & Allowances
A "sleepover" under clause 25.7 of the SCHADS Award is where an employer requires an employee to sleep overnight at the workplace (or a participant's home) and be available to work if needed. It is distinct from an "Active Night" shift, and it is one of the most audited areas of NDIS payroll because the rules around adjacency, call-to-duty and overtime interaction are easy to get wrong.
Quick Facts
- Sleepover Allowance
- 4.9% of the standard rate per night (cl.25.7(d))
- Span of Hours
- Usually 8 hours (e.g., 10pm to 6am)
- Adjacent Shift
- 4h minimum on at least one side (cl.25.7(f))
- Call-to-duty Minimum
- 1 hour at overtime rates (cl.25.7(e))
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Active Night vs. Sleepover
An **Active Night** is a shift where the employee is awake and working throughout. This is paid at hourly rates with any applicable night loading or penalty.
A **Sleepover** is where the employee is permitted to sleep but must be available to work if needed. They receive a flat allowance set at 4.9% of the standard rate per night under clause 25.7(d). The distinction between "available to work" and "required to work" is what separates the two — a worker who is expected to be awake and actively providing support throughout the night is on an ordinary night shift, not a sleepover.
A **Sleepover** is where the employee is permitted to sleep but must be available to work if needed. They receive a flat allowance set at 4.9% of the standard rate per night under clause 25.7(d). The distinction between "available to work" and "required to work" is what separates the two — a worker who is expected to be awake and actively providing support throughout the night is on an ordinary night shift, not a sleepover.
Adjacent Shift Requirement (cl.25.7(f))
A sleepover cannot stand alone. Clause 25.7(f) requires a single shift of at least **4 hours immediately before OR immediately after** the sleepover. Before-and-after work cannot be added together to satisfy this — each must independently be 4 hours or longer.
The adjacent work also attracts a **4-hour minimum payment**. If a worker is rostered for 3.5 hours pre-sleepover and that is the only adjacent shift, they must still be paid for 4 hours. If both before and after shifts exist, only one of them needs to be 4 hours for the rule to be satisfied.
The adjacent work also attracts a **4-hour minimum payment**. If a worker is rostered for 3.5 hours pre-sleepover and that is the only adjacent shift, they must still be paid for 4 hours. If both before and after shifts exist, only one of them needs to be 4 hours for the rule to be satisfied.
Work Performed During Sleepover (cl.25.7(e))
If a worker is called to duty during the sleepover, clause 25.7(e) requires payment at the applicable **overtime rate** with a minimum payment of **1 hour** per disturbance — even if the work only took 10 minutes.
The applicable rate includes any penalties that would otherwise apply: weekend rates, public holiday rates and so on. A worker called to assist at 2am on a Sunday is paid the Sunday penalty rate for that hour. Multiple disturbances each attract their own one-hour minimum unless they are close enough to be treated as continuous work.
The applicable rate includes any penalties that would otherwise apply: weekend rates, public holiday rates and so on. A worker called to assist at 2am on a Sunday is paid the Sunday penalty rate for that hour. Multiple disturbances each attract their own one-hour minimum unless they are close enough to be treated as continuous work.
Worked example
A SIL worker does an 8-hour day shift from 8am to 4pm, then a sleepover from 10pm to 6am, and is woken at 2am to assist a participant for about 30 minutes.
Pay breakdown: 8 hours of day shift at the ordinary rate, the flat sleepover allowance for the night, and a **1-hour minimum payment at the overtime rate** for the 2am call-to-duty (cl.25.7(e)). Once the call-to-duty hour is added to the 8-hour day shift, the worker has clocked roughly 9–10 hours of active work in a 24-hour window. Many payroll systems miss this interaction because the day shift and sleepover are processed as separate entries — but daily and weekly overtime thresholds apply to total active hours, not entries.
Pay breakdown: 8 hours of day shift at the ordinary rate, the flat sleepover allowance for the night, and a **1-hour minimum payment at the overtime rate** for the 2am call-to-duty (cl.25.7(e)). Once the call-to-duty hour is added to the 8-hour day shift, the worker has clocked roughly 9–10 hours of active work in a 24-hour window. Many payroll systems miss this interaction because the day shift and sleepover are processed as separate entries — but daily and weekly overtime thresholds apply to total active hours, not entries.
Consecutive sleepovers and Jats Joint
Workers in SIL houses sometimes do multiple consecutive sleepovers (e.g., a 3-night block). Each sleepover attracts its own allowance, and each night's call-to-duty is paid separately. WHS fatigue obligations matter when rostering consecutive sleepovers alongside day shifts.
From the **Jats Joint / FWC 2026-06-01 variation** onwards, a sleepover no longer counts as a "break" between rostered work periods for clause 25.4 rest-break purposes. The 8-hour rest exception in cl.25.4(b) still exists, but only via a documented written agreement — sleepover-adjacency alone no longer reduces the minimum rest gap from 10 hours to 8 hours.
From the **Jats Joint / FWC 2026-06-01 variation** onwards, a sleepover no longer counts as a "break" between rostered work periods for clause 25.4 rest-break purposes. The 8-hour rest exception in cl.25.4(b) still exists, but only via a documented written agreement — sleepover-adjacency alone no longer reduces the minimum rest gap from 10 hours to 8 hours.
Common mistakes
In timesheet audits, the recurring sleepover errors are: paying the allowance but never tracking call-to-duty; applying the weekday overtime rate when the disturbance was on a Sunday or public holiday; treating a day shift that merely contains the word "Sleepover" in a client name as a real sleepover (genuine sleepovers must span overnight and be explicitly flagged); and failing to retain the records Fair Work needs — start and end times, each disturbance, and how the payment was calculated. Without those records, Fair Work applies the reverse onus and accepts the employee's version of events.
Common Questions
Frequently Asked Questions
- What facilities must be provided for a sleepover?
- The employer must provide a separate room with a bed, clean linen, access to bathroom and kitchen facilities, and appropriate privacy. If facilities are not provided the worker may refuse the sleepover.
- Can a sleepover be rostered back-to-back?
- Yes — each consecutive sleepover attracts its own allowance and its own call-to-duty entitlements. Mind fatigue management and potential overtime triggers if total worked hours (day shifts plus any call-to-duty) push past daily or weekly thresholds.
- What is the minimum payment if a worker is disturbed during a sleepover?
- One hour at the applicable overtime rate, including any weekend or public holiday penalty for the time of day. Each separate disturbance attracts its own one-hour minimum (cl.25.7(e)).
- Do sleepover hours count towards overtime?
- The sleepover period itself is not "hours worked" for overtime purposes. However, time spent on call-to-duty during the sleepover IS hours worked and can combine with adjacent shifts to trigger daily or weekly overtime.
- Is a sleepover the same as an overnight active shift?
- No. A sleepover means the worker is permitted to sleep and is only available if needed. An overnight active shift means the worker is expected to be awake and working — paid at hourly rates with any applicable night-shift loading, not a flat allowance.
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