Principle and statement of intent
Bumbles Day Care recognises that a flexible approach to the arrangement of working hours supports operational efficiency whilst ensuring personal circumstances of employees are taken in to account. On occasions, the hours worked by Bumbles Day Care employees may exceed contracted hours. This may be due to: evening meetings, evening or weekend training, or there may be occasional unplanned yet urgent need to extend the working day.
However, we recognise our duty to protect the health and safety of our staff by making sure that they do not work too many hours. Taking time off in lieu (TOIL) will allow us to pay you back for any extra time that you do have to work.
The aims of the policy are to promote fairness and equality and provide guidance to employees and management when actual hours of work are in excess of contracted hours.
What is TOIL?
Lieu time is time off which you are allowed to take instead of overtime pay, for hours worked beyond your contracted hours.
TOIL is not a tool to be used to build up time to get extra days leave. Most duties should be carried out as part of normal working hours.
The scheme must be used in the best interests of Bumbles Day Care. Staff and management need to work together to make sure that we provide good cover at all times.
Rules on accruing and taking TOIL
Staff must agree with the manager any time to be worked outside of normal working hours in advance. If this is not practical for any reason, staff must contact the manager as soon as possible afterwards.
Staff must get management approval before taking any TOIL, in the same way that annual leave is approved.
If any employee regularly works additional hours, then working hours may need to be formally amended to reflect this. Typically, no more than 8 additional hours should be worked in a four- week period for good practice. This will apply on a pro rata basis for part-time staff.
Additional time worked should be recorded daily on the weekly Record of Time Worked/Taken in Lieu which will be placed on staff notice board. The reason for any additional time should be clearly stated, i.e. if you are delayed getting away at night due to a late pick up, please record the name of the child concerned. For GDPR rules only record the child’s initials.
Time off must be equal to time actually worked: i.e. there is no provision for time-and-a-half, double time, etc – if you work two hours, you can claim two hours TIL, regardless of whether the occasion is evening or weekend.
Time off in Lieu (TOIL)
Taking back any time in lieu must be agreed by the manager according to service needs and should be recorded as TIL taken, on the reverse of the weekly Bumbles Day Care schedule.
Any time in lieu accumulated should be taken within 28 days. If this is not possible, the employee should inform the manager and agree a suitable date for taking time back at the discretion of the manager. If not, the time will be lost and you will not be entitled to any payment in lieu.
Normally no more than one day at a time should be taken back at once, at the discretion of the manager. Taking back time owed in lieu should not be used as an alternative to taking annual leave. If an employee wishes to take TOIL in conjunction with annual leave (i.e. added at the beginning or end of such leave) the effect this will have on operational needs and staffing will need to be taken into consideration before agreement is given.
Part-time employees who may be attending meetings or training, as identified in their personal development plan, on days not usually worked may use the TOIL form to record additional hours worked. The same procedure should be followed for taking time back.
Any additional time worked or taken back should also be recorded on the TOIL form.
If an employee requires an occasional hour or two off, e.g. for an early finish or appointment then this will be given as TOIL, and will be deducted from a TIL balance or arranged to be worked back.
All TOIL must be at a zero balance when you leave your job. Employees will not be paid in lieu of TOIL built up if this has not been taken by the final date of employment. Any TOIL like this will be lost.
When further additional staffing hours are required, the manager should consider whether TOIL is the most appropriate method to use to cover this.
The manager should ensure:
- That working additional hours is voluntary
- That the additional hours are required for a limited period of time only – if Toil is being accrued regularly, then the manager should review the overall staffing needs to ensure that working practices are effective.
- That staff receive appropriate breaks during additional work in order to comply with the Health and Safety procedures set in place.
When an employee requests to use TOIL, the manager should check if a TIL credit has been accrued to cover the hours required and if there is a deficit should arrange with the employee how they will work back the hours. For occasional hours off you must agree TIL/TOIL and not unpaid leave.
Toil records to be checked and recorded daily and at least weekly on First Steps.
Toil must be reviewed each calendar month to ensure the rules are being applied