Time Off In Lieu Policy

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4.2.3 Senior staff in Bands 8 and 9 are not entitled to overtime payments but may accrue TOIL ifon a formal oncall rota.4.3 Accrual of TOIL4.3.1 Wherever possible, Managers and employees must agree additional hours before they areaccrued.4.3.2 Where it is not possible to agree the additional hours beforehand, the manager must beinformed as soon as practicable and the manager must sign the TOIL claim form.4.3.3 The accrual of TOIL should not normally exceed a maximum of 15 hours per calendarmonth. Where there are exceptional circumstances that require TOIL to be accrued over 15hours, the reasons must be clearly stated on the TOIL claim form (Appendix A)4.3.4 The minimum amount of time that can be recorded for the purpose of TOIL is a block of 15minutes, eg. if it is agreed that an employee starts work 15 minutes before their contractedstart time, this 15 minutes can be recorded as accrued TOIL. However, employees whostart 5 minutes early and finish 10 minutes later than their usual contractual hours will not beable to accrue TOIL as this is not a block of 15 minutes.4.3.5 TOIL will be rounded down to the nearest 15 minutes. E.g if an employee works 20 minutesover their normal hours, they can claim 15 minutes TOIL. If an employee works 25 minutesover their normal hours, they may accrue 15 minutes. If an employee works 35 minutesover their normal hours, 30 minutes can be claimed.4.4 Working Time Regulations4.4.1 Employees are legally entitled, under the Working Time Regulations (1998) to take aminimum of a 20 minute unpaid break if working 6 hours or more. In the interests ofemployee wellbeing and patient safety, PCH requires employees to observe this break,which is not counted as working time.4.5 Taking back TOIL4.5.1 Time accrued over normal working hours should be taken back as soon as practicable afteraccrual.4.5.2 No entitlement can be carried forward without prior agreement. Any entitlement nottaken will be paid as overtime at the appropriate rate.4.5.3 TOIL must be claimed within 3 months of accrual. Should this not be practicable due toorganisational reasons, employees will be paid at plain time rates, if the amount to be paidmeans the employee does not exceed 37.5 hours a week in total. In cases where the TOILaccrued means that the employee would have exceeded 37.5 hours, payment will be at timeand a half and must be claimed on an extra duty claim form if it is not possible for it to betaken back as TOIL.4.5.4 Managers should review all requests for TOIL to ensure that service needs are met and thatemployees are treated equitably and fairly.3
4.6 TOIL for Training / Study Days4.6.1 Where applicable, if an employee is required to attend a training activity which is held on aday(s) that is not normally worked by the employee, paid time off in lieu may be approvedby the Line Manager.4.6.2 Any time off in lieu that has been accrued due to a training activity must be agreed with theLine Manager before it is taken and taken within three months of accruing it.4.6.3 TOIL that is taken by the employee but which has not been approved will be treated asunauthorised absence.4.7 TOIL for travel time4.7.1 TOIL is not accrued for travel time to or from work or training courses, regardless of whetherthe work base is temporary or permanent.4.7.2 However, employees can claim for the appropriate mileage for any travel that is further thantheir normal home to base mileage. E.g. if an employee is required to attend a meeting /training session at 9 am at a venue that is not at their usual work base, which takes 45minutes to get to, employees can claim the appropriate mileage but not the time it takes toget to the meeting / training session.4.8 Exceptions for claiming TOIL for Travel Time4.8.1 Employees may only claim TOIL for travel time if they are rostered to work on a formal OnCall rota and they are called out to work as part of their duties. This should be recorded onthe TOIL form and the manager should be notified of TOIL accrued.4.8.2 Time spent being On Call without being called out does not accrue TOIL.4.9 Recording of TOIL4.9.1 Employees must record the TOIL accrued and taken on the TOIL claim form (Appendix A)and this must be agreed and signed by the Line Manager or Head of Department4.11 Authorisation of TOIL4.10.1 Employees can request when they prefer to take TOIL and this should be agreed with theLine Manager prior to the date requested, using the form in Appendix A to authorise.4.10.2 There may be times where managers have previously authorised TOIL but due to the needsof the service, they may have no option but to request that the employee takes TOIL back atanother mutually convenient time. The line manager will amend the authorisation formaccordingly.4.10.3 It is not acceptable to work overtime in order to accrue TOIL to attend a special occasion.Annual leave should be used for this purpose.4.11 Restrictions of TOIL4.11.1 A maximum of 15 hours TOIL can be accrued within 1 month unless there is an exceptionalservice need and the TOIL this should be taken within 3 months of accrual.4
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Time Off In Lieu Policy

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