Policies, Procedures, Guidelines
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1 Policies, Procedures, Guidelines Document Details Title Time off in Lieu (TOIL) Trust Ref No Local Ref (optional) N/A Main points the document This policy details processes to be followed for time off in lieu covers Who is the document This policy is aimed at all staff. aimed at? Owner Gina Billington, HR Manager Approval process Who has been consulted JNP, HR & Workforce Group in the development of this policy? Approved by Quality and Safety Operational Committee (Committee/Director) Approval Date May 2016 Initial Equality Impact Yes Screening Full Equality Impact No Assessment Lead Director Director of Corporate Affairs Category Human Resources and Workforce Sub Category Review date May 2019 Distribution Who the policy will be To senior staff as defined by Directors for cascading distributed to Method Dissemination via Directors via and available to all staff via the Trust s website Document Links Required by CQC No Other Amendments History No Date Amendment 1 April 2013 New Policy, version one. Replaces all local agreements and guidelines. 2 April 2016 Review of policy: update to include Trust values and to the associated documents section 3 4 5
2 Our Values Time off in Lieu (TOIL) Improving Lives: We make things happen to improve people's lives in our communities Everyone Counts: We make sure no-one feels excluded or left behind - patients, carers, staff and the whole community. Commitment to Quality: We all strive for excellence and getting it right for patients, carers and staff every time. Working Together for Patients: Patients come first. We work and communicate closely with other teams, services and organisations to make that a reality Compassionate Care: We put compassionate care at the heart of everything we do. Respect and Dignity: We see the person every time - respecting their values, aspirations and commitments in life for patients, carers and staff. Page 1 of 8
3 Contents 1 Introduction 3 2 Purpose 3 3 Scope & Eligibility 3 4 Roles & Responsibilities 4 5. Guidance 4 6 Agenda for Change 5 7 Monitor & Review 5 8 Associated Documents 5 Appendix A - TOIL record sheet 6 Page 2 of 8
4 1.0 Introduction 1.1 The success of the Trust is based on the skills, energies and commitment of its staff. The Trust recognises that staff may now and again be asked to work additional hours above their normal working contracted hours in order to meet the needs of the service. Our patients come first and without this goodwill and adaptability it would not be possible to provide a high quality and responsive service and cope with fluctuating service demands. 1.2 The Trust recognises that it has a duty to protect the health and safety of staff by ensuring that they do not work too many hours and that they are recompensed by taking time off in lieu (TOIL) for the extra time they are requested to work. 1.3 It is acknowledged that working long hours can take their toll, not only on those directly concerned, but also on family, friends and colleagues. Staff need to be able to choose, within limits, how to strike a balance between work and outside life that suits the individual and the needs of the service. 1.4 The Trust accepts that from to time, service needs and our commitment to quality will result in managers needing to secure additional staffing hours to ensure continuity of service provision and the maintenance of governance standards. 1.5 Normal working hours are shown in employees Statement of Employment Particulars issued on commencement of employment a copy of which can be obtained from the relevant line manager. 1.6 A TOIL record sheet can be found in Appendix A. 1.7 If staff are offered the opportunity to work for extra time, they are free to decline the offer 2. Purpose 2.1 This policy sets out the arrangements and guidelines within the Trust to enable staff to be recompensed for small amounts of extra time worked (15 minutes and over). 3. Scope and Eligibility 3.1 Time off in lieu is designed to cover the following situations: Working beyond your normal daily working hours Working into your lunch break due to a late running meeting In exceptional circumstances travel time outside of normal working hours 3.2 The above examples are not exhaustive and each situation should be discussed and agreed with your line manager in advance of working the additional time however lieu time should not be accrued, for example, where an: Employee arrives early or leaves late to miss traffic Page 3 of 8
5 3.3 The policy is also designed to cover when staff are required to work additional hours, attending a meeting or training course, outside of their normal working hours or to cover sickness absence. 3.4 This policy is not a flexible working policy 4. Roles & Responsibilities 4.1 The Trust Board will be responsible for: Giving their commitment to fair and equitable treatment of all members of staff who agree to work additional hours when needed irrespective of age, gender, marital status, disability, race, colour, national/ethic origins, religion or sexual orientation. 4.2 Directors will be responsible for Ensuring the implementation of the TOIL policy within the Trust and providing the Board with robust assurance that TOIL is being managed in accordance with the conditions as set down in NHS Terms and Conditions of Service Handbook Ensuring regular audit takes place to monitor that the systems in place adequately control and monitor TOIL and prevent error/misuse. Investigating and robustly acting should the audit demonstrate an excessive/unusual TOIL pattern within a department or service. 4.3 Line Managers/Senior Managers will be responsible for Applying the TOIL policy consistently across the Trust Agreeing any additional time worked for which TOIL is expected to be claimed. Ensuring that their service areas are organised in a way which minimises the need to secure additional staff hours through TOIL or agency. Planning to cover any known absence/secondment/ maternity leave as far in advance as possible in order to minimise the need for TOIL and giving as much notice as possible that extra hours may be required. Respecting the right of all staff not to be required to work extra hours. Ensuring that additional time has been authorised prior to staff members working them or in exceptional circumstances within 48 hours retrospectively. Ensuring that the Working Time Regulations are adhered to Applying consistent monitoring systems at ward, department or service level to identify circumstances which would suggest excessive or unusual trends in TOIL. Maintaining detailed records of TOIL and reporting any excessive or unusual trends and reasons for the necessity for these extra hours working and the added value they provide to the organisation Avoiding imposing workloads or setting deadlines that mean staff have to work excessive hours Ensuring that long hours working should never be seen as a measure of commitment to the organisation. Page 4 of 8
6 Approving, encouraging and enabling that the time off in lieu (subject to service requirements) ensuring it is taken by the end of the month following accrual. Authorising and countersigning the employees TOIL record sheet at the end of each calendar month. 4.2 Staff will be responsible for: Gaining their line managers approval before working extra time for which they will be claiming TOIL. Agreeing with their line manager when to take the time off. If lieu time is taken without authorisation it may be classed as unauthorised absence and, likewise, may be unpaid. Completing the TOIL record sheet and forwarding it to their line manager at the end of each calendar month. Considering and assessing whether they are fit and well enough to undertake extra work. Understanding that if they are offered the opportunity to work additional time, they are free to decline. Understanding and following the TOIL policy 5. Guidance 5.1 When a small amount of time (15 minutes and over) of lieu time is worked for which staff wish to claim time off in lieu a TOIL record sheet (Appendix A) should be agreed, completed and countersigned by the line manager at the end of each calendar month. Staff should keep accurate records of time owed and taken using this form. 5.2 Staff should generally take time in lieu in small amounts, as soon as the service commitments allow, e.g. an extended lunch break or at the end of the day by agreement with the line manager. 5.3 If it is difficult to take small amounts of time, staff will be allowed to accumulate time. This should generally not amount to more than 7.5 hours, within a calendar month. In exceptional circumstances up to a maximum of 15 hours will be allowed, in a calendar month, with agreement of your line manager. 5.4 Staff are expected to take time in lieu that has been accrued by the end of the month following accrual. Where, for service delivery reasons, it is not possible for the time to be taken back within this period, managers should work with staff to plan when the lieu time can be taken within 3 months of accrual. 5.7 It is recognised that there will be exceptional circumstances, for example when a staff member is delayed whilst working with clients in the community and is not able to contact their manager, in which case authorisation in advance may not be possible. In such cases the manager should be informed as soon as possible (within 48 hours) and the TOIL record completed retrospectively. 6. Agenda for Change 6.1 Under Agenda for Change Terms and Conditions (3.5) staff may request to take time off in lieu as an alternative to overtime payments. However, staff who for Page 5 of 8
7 operational reasons are unable to take back their lieu time within three months of it being accrued the time becomes payable as overtime. 6.2 Part time employees receive plain time rates for additional hours until such hours exceed standard hours of Senior staff in Agenda for Change bands 8 or 9 are not eligible for overtime payments. It is recognised that staff in these bands are required to work reasonable additional hours. TOIL may be granted for some hours if these hours are becoming excessive, in order that the employee is able to rest and recover from a period of working long hours. 6.4 Time off in lieu of overtime payments will be at plain time rates. 7. Monitoring and Review 7.1 Human Resources will monitor and review the policy in line with changes to legislation or Agenda for Change. 8. Associated Documents The following documents can be found in the policies and procedures section of the Website and should be referred to for related information: Equality & Diversity (Everyone Counts) Policy Grievances & Concerns Policy Special Leave Policy Agenda for Change Terms and Conditions of Employment Section 3 Page 6 of 8
8 Appendix A: TOIL Record Sheet Name: Period covered: From.. Date Reasons for extra hours worked/reclaimed Department: Balance c/fwd (maximum 7.5 hours, To: exceptionally 15 hours) Time Total Time Balance Line Managers approval Date worked time reclaimed approved dd/mm/yy From To Hrs:mins Hrs:mins Hrs:mins dd/mm/yy COPY TO BE RETAINED ON PERSONAL FILE
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