Does a lunch hour count as a "work hour" for a pregnant soldier (35-weeks) on a profile?

2017-12-29T01:51:26-05:00

Response by SSG Private RallyPoint Member made Dec 29 at 2017 1:57 AM

2017-12-29T01:57:21-05:00

*35 week pregnant soldier

Response by SGT Casey Bradford made Dec 29 at 2017 2:00 AM

2017-12-29T02:00:48-05:00

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.

Response by SFC Private RallyPoint Member made Dec 29 at 2017 3:00 AM

2017-12-29T03:00:31-05:00

Depending on where the soldier works there may not be any options but to accept this timeline. This is an example of what we call "Washington D.C." time. Active duty service personnel and DOD civilians in a GS position can be told that a typical workday is 8 hours, lunch is not included. So if you want an 8 hour day, you have to skip the 1 hour lunch or realistically be at work for 9 hours (one hour for lunch). Pregnant soldiers are often put into limited duty positions, and as far as I know, requiring a pregnant soldier to work 8 hours solid of limited duty, or 9 hours (with an hour for lunch) is not a violation of anything.

Response by CPO Private RallyPoint Member made Dec 29 at 2017 5:15 AM

2017-12-29T05:15:32-05:00

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.

ARN3801_AR40-501_Web_FINAL.pdf

Response by SFC Kelly Fuerhoff made Dec 29 at 2017 1:12 PM

2017-12-29T13:12:45-05:00

This is all you need: "(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."

So the 8 hour day starts with PT. She does not count personal hygiene time. So PT is say 630-730. Then work call at 0900. That means from 0730 - 0900 that time does not count in her 8 hour day. So the work day is going to be 0630 - 0700, 0900 - 1600. When I was in pregnancy PT it was 0630 -0730 but my unit did it until 0800. But work call was 0900.

There was one time I was at work until 2000 because the soldiers in my section didn't get something done for the commander...and the three NCOs who were in charge of them didn't seem to manage them very well. So I stayed because if they were there, I was there. And I was probably at like 32 weeks.

Response by SGT Private RallyPoint Member made Dec 30 at 2017 10:01 PM

2017-12-30T22:01:32-05:00

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.

Response by SSG Private RallyPoint Member made Dec 31 at 2017 12:05 AM

2017-12-31T00:05:43-05:00

I think you should take care of the pregnant Soldier. Be smart and don’t make a huge mess of things. Make a command decision. If the unit is the one who is making a big deal about the lunch break, then refer to the reg mentioned by CPO D Clark.

Response by SGT Andrew Pollard made Jan 3 at 2018 8:14 PM

2018-01-03T20:14:56-05:00

If a pregnant soldier ever stops eating then yes and no. Let Joe feed the dismount.

Response by SGT Private RallyPoint Member made Jan 4 at 2018 10:38 AM

2018-01-04T10:38:55-05:00

Mmm well you have to afford the soldier to have the OPPORTUNITY to get chow.

Response by SGT Danny Bowie made Jan 5 at 2018 1:29 PM

2018-01-05T13:29:52-05:00

Response by SGT Augustus Bozzano made Jan 8 at 2018 12:14 PM

2018-01-08T12:14:14-05:00

Response by MAJ Ronnie Reams made Mar 5 at 2021 2:20 PM

2021-03-05T14:20:02-05:00

Always considered work to be if you can be recalled to work while eating. For example, you are an MP and you take a meal break, but your patrol gets called to take a complaint. Never heard an MP say to tell the caller, I'm eating, be there when meal hour over. So on your 8 hr or 12 hr shift or whatever, you are on duty the whole time. So when is it not on duty? You are a finance clerk at post finance and office closed for lunch from 1130 to 1230. NO BUSINESS is conducted between those times. You are OFF duty for that hour.