Time Off In Lieu (TOIL) Policy
The intent of this Policy is to advise that before any TOIL entitlement prescribed in an Award is accrued or taken by staff, it must have prior approval of an Executive Officer or their nominated delegate, that is, accruing or taking of TOIL is a process that must be managed by staff in consultation with their manager.
The TOIL Policy specifically takes into account the need for some staff being required by their manager to work outside of “ordinary contracted working hours” in order to perform the inherent requirements of their role and it being agreed that, subject to Award provisions, any overtime or time taken as TOIL is to be agreed between staff and their manager.
Where flexible working arrangements of ordinary hours are formulated for the mutual benefit of staff, management and the organisation, these can be negotiated provided that the contracted hours are worked between Monday to Friday 8:00am to 6:00pm.
This Policy applies to all lay staff as defined in the Foreword of the Workplace Policies and Procedures Manual with the following exceptions:
• Casual staff
• Executive Officers
• Any other staff where exemption has been granted by the Human Resources & Remuneration Committee (HRRC) or an Executive Officer
For those in specified ministry, Executive Officers have the discretion to request particular staff to also comply with this Policy, subject to Award provisions, where appropriate.
Staff are eligible to take TOIL for additional hours worked, which have the prior approval of the Manager. Additional hours of work are defined as; additional hours of work to those contracted, overtime, attendance at any work related meeting or training event outside of ordinary contracted hours of work, including the time outside of ordinary hours required to travel to and from meetings/events/training. The only standard exceptions to this arrangement is where the travel is made at the start of the working day from home to the first location point that is not the regular place of work) and where staff leave from their regular place of work to their homes.
TOIL is not available for time taken by staff for wider Church volunteer roles that are outside of contracted duties and not part of their substantive position. For example a church congregation role that they have voluntarily chosen to be involved with, or committee activities that they may have been elected to as a private individual and volunteer their private time, or Standing Committee and Assembly roles where it is an appointment that is not part of a substantive position. The only standard exception to this arrangement is where staff become involved at Presbytery and Synod meetings on acceptance of an invitation (from Associate General Secretary) to volunteer their time where it is not a requirement of their substantive position. In these instances staff may take up to 100% TOIL for the out of ordinary hours worked. (The parameters of this arrangement must be established with and approved by the Executive Officer prior to the event).
Approval for accruing and taking TOIL is to be given by the appropriate Manager and/or Executive Officer and should be recorded as such on the staff’s time sheet. Except in exceptional circumstances and subject to Award provisions, where appropriate, the amount of time accrued for TOIL should not exceed three (3) working days i.e. 22.5 hours at any one (1) time. This limit is for full-time staff and therefore, for part-time positions, TOIL limits will be calculated on a pro rata basis.
TOIL must be recorded on payroll and approved on time sheets.
Award (subject to provisions for Time off in Lieu)
Only where an applicable Award provides for TOIL, staff will be eligible to take TOIL for additional hours worked, consistent with the terms of the Award. The Award terms must be consulted and strictly adhered to when applying TOIL. Application differs between awards, for example:
Clerks – Private Sector Award 2010 provides for overtime taken as TOIL to be taken at the ordinary time rate, that is, an hour for each hour worked.
Higher Education Industry—General Staff—Award 2010 provides that TOIL taken instead of overtime payment is to be calculated in accordance with the relevant overtime rate. That is, if one hour is worked, subject to when the overtime is worked, a penalty of 150% or 200% applies.
Miscellaneous Award 2010 provides for overtime taken as TOIL, and to be redeemed at the ordinary time rate, that is, an hour for each hour worked.
Staff, with the exception of Executive Officers, Managers and those serving in placements, are required to complete a daily time sheet recording their hours of work. Time sheets which cover one (1) calendar month shall be initialled once a week by the appropriate Manager, and forwarded to the Executive Officer immediately following the end of each month. The Executive Officer will then sign the time sheet and forward to the Payroll Office for record keeping. It is important that any leave taken, including TOIL be recorded accurately on the time sheet, as well as appropriate leave forms submitted with appropriate notice given.
Time sheets are supplied electronically (monthly) by Financial Services.
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