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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 <strong>Time</strong> Regulations4.4.1 Employees are legally entitled, under the Working <strong>Time</strong> Regulations (1998) to take aminimum of a 20 minute unpaid break if working 6 hours or more. <strong>In</strong> 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 <strong>Time</strong> 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. <strong>In</strong> 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