Time In Lieu Procedure Policy Number: Supercedes: All previous policies or procedures relating to Time in Lieu Reference No: Publication Date: Review Date: WRP Standard/s: 1
Brief Summary of Document: This procedure is intended to facilitate flexible time management whilst establishing an agreed procedure which deals effectively with time accrued. Action Required by Reader: Managers and staff to adhere to policy. Managers to ensure policy is applied consistently and fairly. To be read in conjunction with: Working Time Regulations, Rostering Policy, Time and Attendance Policy, Overtime Policy Classification: Human Resources Category: Procedure Authorised by: Janet Wilkinson Job Title Director of Workforce and Organisational Developments Signature: 2
Responsible Officer/Author: Chris Walsh Job Title: Associate Director of Nursing ( Workforce) Contact Details: Dept Nursing Management Base Bronglais General Hospital Tel No 01970623131 E-mail: Chris.walsh2@wales.nhs.uk Scope ORGANISATION WIDE DIRECTORATE DEPARTMENT ONLY Staff Group Administrative/ Estates Allied Health Professionals Ancillary Maintenance Medical & Dental Nursing Scientific & Professional Other Corporate Services Finance Directorate Human Resources Surgery Circulation List Medicine Directorate Family Directorate Community Directorate Clinical and Support Services A&E, Critical Care, Patient Flow and Bed Management Mental Health Primary Care Please indicate the name of the individual(s)/group(s) or committee(s) involved in the consultation process and state date agreement obtained. General Managers Directorate Managers CONSULTATION Individual(s) Heads of Service Directors and Associate Directors of Nursing Date(s) 7 December 2009 Group(s) Local SPFs Hywel Dda SPF Date(s) 7 December 2009 26 February 2010 Committee(s) Date(s) 3
RATIFYING AUTHORITY (in accordance with the KEY Schedule of Delegation) COMMENTS/ A = Approval Required POINTS TO NOTE NAME OF COMMITTEE FR = Final Ratification Date Approval Obtained Date Submitted for Equality Impact Assessment February 2010 Group completing Equality impact assessment Bob Mander,Ceri Williams, Jackie Hooper Please enter any keywords to be used in the policy search system to enable staff to locate this policy Time in lieu 4
CONTENTS 1. INTRODUCTION 2. SCOPE 3. AIMS 4. OBJECTIVES 5. ACCRUAL OF TIME OWING 6. RECORDING AND AUTHORISATION 7. CLAIMING BACK TIME IN LIEU 8. MONITORING 9. ASSOCIATED POLICIES 10. IMPLEMENTATION 11. FURTHER INFORMATION 12. TRAINING AND AWARENESS 13. EQUALITY 14. DATA PROTECTION ACT 1998 15. FREEDOM OF INFORMATION ACT 2000 16. RECORDS MANAGEMENT 17. REVIEW 18. MONITORING 19. DISCIPLINARY 20. APPROVAL APPENDIX 1 APPLICATION FORM 5
Time in Lieu Procedure INTRODUCTION 1.1 The Health Board recognises that it may be necessary for staff to work above and beyond their contracted working hours to support service delivery objectives. 1.2 Where staff and their line manager or team leader have agreed to the extra hours work being performed outside their standard hours, it is important that extra hours are recorded and compensated. This policy must be applied consistently and fairly across the Health Board. 1.3 Time owing is time worked over an employees contracted hours which can be taken as time off in lieu, provided there has been prior agreement with their manager. 2. SCOPE This procedure applies to all staff working under Agenda for Change Terms and Conditions of Service. 3. AIMS The purpose of this policy is to facilitate flexible time-management whilst establishing an agreed procedure which deals effectively with time accrued. 4. OBJECTIVES This procedure will achieve consistent and fair practice in the application of time in lieu. The Health Board is committed to implementing the policy in a way which meets the equality and diversity needs of staff. Equality and diversity encompasses race, disability, gender, age, sexual orientation, religion and belief, language and human rights. It is the responsibility of managers and staff to ensure that they implement this policy/procedure in a manner that meets the needs of people form these groups. It is always best to check with individual staff what their needs are, but needs may include providing information in an accessible format, considering mobility issues, being aware of sensitive/cultural issues 5. ACCRUAL OF TIME OWING 5.1 The recognition of time worked over an employees contracted hours must be by agreement with line management and should only ever be in response to service delivery needs. The minimum time off in lieu that may be accrued is 15 minutes. 5.2 There are many examples of where time owing should not be accrued. These guidelines do not seek to be exhaustive, however, lieu time should not be accrued:- 6
where an employee arrives early or leaves late to miss traffic,or for any other reason to suit their own personal circumstances or employees choose not take breaks, or as a result of poor time management or as a means of accruing extra leave. 5.3 The requirements of the Working Time Regulations in relation to unpaid rest breaks must be observed.as outlined in the Agenda for Change Terms and Conditions of Service and Working Time Regulations 5.4 It is recognised that in response to service delivery needs it may be necessary, on occasions, to work through breaks but this should only be done with the authority of the appropriate line manager. Unpaid compensatory rest will be given in these circumstances. 6 RECORDING AND AUTHORISATION OF TIME OWING 6.1 All time owing worked and taken back must be recorded using the form in appendix one and this is to be authorised by the appropriate manager on each occasion. 6.2 When a manager is not present, another manager/supervisor must authorise any additional hours worked. 6.3 It is important to ensure that the relevant documentation is completed and properly authorised. Failure to maintain full and proper records will result in time in lieu not being granted.,each individual member of staff is responsible for maintaining their own time in lieu record, which must then be held securely in their department. 7. CLAIMING BACK TIME OWING 7.1 Every effort will be made to accommodate staff requests for taking back time owing but ultimately this will depend on the needs of the service and the staffing arrangements at the time. 7.2 Bank, agency or overtime must not be used to facilitate an individual to take back time owing. 7.3 All requests to take time owing back must be planned and authorised by the appropriate manager. 7.4 In managing their service, managers must enable employees who have accrued lieu time to take the time back as quickly as possible and within one month where possible. Where for service delivery reasons, it is not possible for the time to be taken back within one month, managers should work with their staff to plan when the lie time can be taken within 3 months of its accrual. 7
If time owing has been accrued by working a whole shift, then it is reasonable that this time is taken as a whole shift. However,occasions may occur in response to service delivery needs, where managers may request that staff take shorter periods of time off in lieu. 7.5 Payment in lieu of TOIL (normally made after 3 months in accordance with Agenda for Change) will not be made where the Health Board has made a reasonable offer for the employee to take the time in lieu, which has been refused. 8. MONITORING 8.1 The operation of this policy will be implemented by the County Management Teams. 8.2 Policy will be reviewed by the Policy Review Group on an annual basis. 9. ASSOCIATED POLICIES Working Time Regulations Rostering Policy Time & Attendance Policy Overtime policy 10. IMPLEMENTATION The procedure will be implemented in all cases where time in lieu applies. 11. FURTHER INFORMATION This procedure includes a cross section of examples where time in lieu applies, further information may be available within other organisations. 12. TRAINING AND/OR AWARENESS RAISING All staff will be made aware of this procedure upon commencement with the Health Board at either the Health Board or the departmental induction. Copies can also be viewed on the Health Board s Intranet or obtained via the HR department. Training will be provided as appropriate depending on the complexity of the policy. Training may be provided at HR training sessions which all staff will be informed of via internal communication channels or their line manager in advance or via newsletters. 13. EQUALITY 8
The Health Board recognises the diversity of the local community and those in its employ. Our aim is therefore to provide a safe environment free from discrimination and a place where all individuals are treated fairly, with dignity and appropriately to their need. The Health Board recognises that equality impacts on all aspects of its day to day operations and has produced an Equality Policy Statement to reflect this. All policies and procedures will be assessed using the NHS Centre for Equality and Human Rights Equality Impact Assessment Tool. When policies have been impact assessed the results will be monitored centrally. This policy was impact assessed on insert date of impact assessment. 14. DATA PROTECTION ACT 1998 All documents generated under this procedure, including applications, and formal notes and documents generated by managers and any review panel, that relate to identifiable individuals are to be treated as confidential documents, in accordance with the Health Board s Data Protection Policy. It is recommended that all parties familiarise themselves with the relevant parts of this Policy. 15. FREEDOM OF INFORMATION ACT 2000 All Health Board records and documents, apart from certain limited exemptions, can be subject to disclosure under the Freedom of Information Act 2000. Records and documents exempt from disclosure would, under most circumstances, include those relating to identifiable individuals arising in a personnel or staff development context. Details of the application of the Freedom of Information Act within the Health Board may be found in the Freedom of Information Act 2000 Policy. It is recommended that all parties familiarise themselves with the relevant parts of this Policy. 16. RECORDS MANAGEMENT All documents generated under this procedure, including applications, and formal notes and documents generated by managers and any review panel, are official records of the Health Board and will be managed and stored and utilised in accordance with the Health Board s Records Management Policy. 17. REVIEW This procedure will be reviewed in three years time. Earlier review may be required in response to exceptional circumstances, organisational change or relevant changes in legislation or guidance 18. MONITORING Details of grievance and disciplinary issues related to this procedure will be recorded in a database and reported on periodically to the Partnership Forum 9
and the Executive Board. The database will include equality monitoring data, which will be reviewed and presented to the Health Board s Equality and Human Rights Steering Group. 19. DISCIPLINE Breaches of this procedure will be investigated and may result in the matter being treated as a disciplinary offence under the Health Board s disciplinary procedure. 20. APPROVAL Signed on behalf of the Staff Side: Signed: Name: Title: Date: Signed on behalf of the Management Side: Signed: Name: Title: Date: 10
APPENDIX 1 INDIVIDUAL TIME OWING RECORD Name Hospital/Unit Maximum accrued 15 hrs ( insert year) Date Reason for accrual of time owing Time period worked Total Time Authorised signature Total time back and date Running balance Authorised signature NB Authorisation may be by telephone or email but should be backed up by a signature at a later date. A copy of this sheet should be retained in the employee s personal file 11