Time off in Lieu by 88Xh49

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									Leave Entitlements for
Employees

Time Off In Lieu
In certain circumstances employees may accrue time off in lieu for hours worked outside the normal spread of hours, that
is, from 6:00am to 6:00pm Monday to Friday as outlined in the Hours and Overtime Directive, 6.00am to 7.00pm if agreed
for Brisbane CBD-based employees covered by the State Government Employees Certified Agreement 2009.


Who does this apply to
TOIL applies to all employees except state school teachers, cleaners and teacher-aides.

Time off in lieu is the only compensation option available to employees with salary above the level of classification A05
paypoint four or equivalent of the Public Service Classification and Remuneration System.

Written approval to undertake extra work and accrue toil must be received prior to completing any extra hours.

While overtime is not available for employees with salary at classification A06 or equivalent of the Public Service
Classification and Remuneration System, payment of unused time off in lieu at ordinary rates is to be made where the
employee was unable to take the time off in lieu within 12 months. The employee must have taken reasonable steps to
avoid excessive time off in lieu balances and been refused an application to take the leave.


What you need to know

Definitions
TOIL - Time off in Lieu

Broad Overview
Employees who work under the provisions contained in Schedule 5 ‘Organisational Hours of Work Arrangements’ of the
Public Service Award - State 2003, may elect to take TOIL for payment for overtime worked on a time for time basis.
This option is not available in relation to work performed on a Saturdays, Sundays, public holidays or where the employee
is recalled to duty after their normal finishing time.

The Family Leave ( Queensland Public Sector) Award – State 2004, provides for employees to elect, with the consent of
their principal or manager, to take TOIL for payment for overtime worked on a time for time basis at an agreed time, to
discharge their responsibility to care for or support a person (whether sick or not) who:
      the employee is responsible for the care of and
      is a member of the employees immediate family or household.

The term ‘immediate family’ includes:
    a spouse (including a former spouse, a defacto spouse and a former defacto spouse) of the employee and
    a child (including an adult child, an adoptive child, a foster child, a step child or an exnuptial child), parent,
        grandparent, grandchild or sibling of the employee or spouse of the employee.

The Department shall, if requested by an employee with family responsibilities, as mentioned above, provide payment at
the rate provided for the payment of overtime in the applicable award or industrial agreement, for any overtime worked
where TOIL has not been taken within four weeks of its accrual.

As with any overtime arrangement, employees who are compensated by being granted TOIL qualify for meal allowance
payments in accordance with Leave without Salary Credited as Service Directive. TOIL accrues at the rate equivalent to
the actual amount of time worked (i.e. If four hours are worked, the employee will be eligible for four hours TOIL) and will
be calculated to the nearest quarter of an hour.

Uncontrolled copy. Refer to the Department of Education, Training and Employment Policy and Procedure Register at
http://ppr.det.qld.gov.au to ensure you have the most current version of this document.                             Page 1 of 2
An officer should not accrue more than 10 working days of TOIL at any one time. TOIL has to be taken within a period
not exceeding 12 months from the date the additional hours were worked. The TOIL will lapse if not taken within this
period.

TOIL has to be taken at a time that is convenient to both the Department and the officer concerned. TOIL credit will not
be taken into account in determining an employees recreation leave entitlements.


Contact
Employees requiring further information should seek advice from human resource personnel in their regional office, TAFE
Human Resources or from the Workforce Relations Unit.


Links
Hours and Overtime Directive
Leave without Salary Credited as Service Directive

								
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