Everything you need to know about time off in lieu
Time off in lieu (TOIL) is when you take time off during hours that would normally have been working hours for you, but instead, you are paid for the time off. This is typically due to the employee having worked overtime. It is also possible to receive payment in place of the time off if the overtime is paid.
Time off in lieu for overtime
Time off in lieu for overtime depends on the agreement and the individual arrangement made based on employment terms. Both employees covered by an agreement and those not covered are entitled to time off in lieu if they have worked overtime. It is important to have an overview of your recorded working hours. See here how we automatically manage your time-off-in-lieu balance for you.
How is time off in lieu calculated?
Most agreements provide an ‘overtime premium’ of 50% for the first 3 hours of overtime worked as a part-time employee. After the first 3 hours of overtime in your shift, which is recorded, the premium increases to 100% for additional overtime. However, this may not apply to all contracts and agreements, so it is your responsibility to understand your rights within your workplace. For private employees covered by a private sector agreement, the rules may differ, but they still follow EU regulations regarding time off in lieu.
When is overtime considered?
Overtime is defined as working more than 37 hours a week for full-time employees. This means working beyond the regular hours or working longer than agreed and scheduled. If you work part-time, any extra hours worked up to 37 hours per week on average are considered overtime, for which you will receive an additional premium according to your agreement.
Can I refuse overtime?
Yes, you can refuse overtime, but you must provide a valid reason. If you don’t have a reason, it could be considered refusal to work and could result in dismissal. If your reason is properly justified, you may explain that you need more notice in the future.
When can I take time off in lieu for overtime?
This depends on the agreement, and it is the employer who decides when, or at the latest, when you must take time off in lieu or be notified of it. The terms you are under as an employee will determine this. You, as an employee, must be notified at least 80 hours in advance before the time off in lieu is taken. The same rule applies if you need to cancel time off in lieu. There are exceptions in cases of illness, which leads us to the next point.
Illness during time off in lieu
You can reschedule your time off in lieu if you become ill before your time off is due to start. However, if you fall ill during your time off in lieu, you generally do not have the right to reschedule your time off unless otherwise is agreed in writing.
System for managing voluntary and mandated overtime?
Depending on the agreement, there may be a distinction between voluntary and mandated overtime. Mandated overtime may result in additional time off in lieu and overtime accrual based on agreements or planned regulations. But what is mandated overtime?
It is when the employer requires an employee to stay beyond the agreed working hours to complete tasks, etc.
We are capable of managing the rules for both the voluntary overtime model and mandated overtime, as well as managing agreements and contracts based on terms and salaries. Contact us today to learn how we can assist you.
