Common use of Time Off in Lieu of Payment of Overtime Clause in Contracts

Time Off in Lieu of Payment of Overtime. 14.11.1 Time off in lieu of payment for overtime is where overtime worked is not paid but used as time off at a later date during the normal ordinary hours or work; 14.11.2 The time off in lieu of payment for overtime worked on any day, is available for all Employees. 14.11.3 An Employee may elect to take time off in lieu of payment for overtime, at a time or times agreed with the Work Section Manager taking into account the needs of Employees, customers and production requirements. The Work Section Manager will indicate within two (2) working days of receiving an Employee’s request for time off in lieu of overtime whether or not it has been approved. The Work Section Manager will not unreasonably withhold consent; 14.11.4 Overtime, instigated by an Employee, must be overtime taken as time off in lieu during ordinary time hours taken at the ordinary time rate, that is an hour for each hour worked (i.e. if 8 hours is worked on a Saturday, the time taken in lieu is 8 hours) and paid at the Weekly Hire Employee’s rate of pay for the Employee’s own grade; 14.11.5 If an Employee is requested to work overtime by the Work Section Manager, the Employee will have the option of being paid at the appropriate overtime rates or take time off in lieu of payment for overtime. In this case, the time taken must be equivalent to the overtime payment that would otherwise have been made (i.e. if 4 hours are worked on a Saturday, the time taken in lieu is 7 hours). In this instance, the Work Section Manager and the Employee would mutually agree as to when the Employee would take the equivalent time off; PENALTY RATES ALSO APPLY FOR THE TIME OFF IN LIEU. 14.11.6 The Company shall, if requested by an Employee, provide payments, at the rate provided for the payment of overtime in the Agreement, for any overtime worked under this sub clause. 14.11.7 This sub clause can be used for Public Holidays; For example, an Employee who works 8 hours Easter Monday would be paid 8 hours ordinary time and the 12 hours ordinary time banked as Time Off in Lieu of Payment of Overtime; 14.11.8 This sub clause will not be used to avoid paying Employee(s) for overtime; 14.11.9 The Company cannot require Employee(s) to take time off in lieu of payment of overtime for overtime worked;

Appears in 1 contract

Sources: Collective Agreement

Time Off in Lieu of Payment of Overtime. 14.11.1 Time off in lieu of payment for overtime is where overtime worked is not paid but used as time off at a later date during the normal ordinary hours or work; 14.11.2 The time off in lieu of payment for overtime worked Where an Employee has performed duty on any dayovertime, is available for all Employees. 14.11.3 An an Employee may elect elect, with the consent of the Employer, to take time off in lieu of overtime payment for overtime, at a time or times agreed with the Work Section Manager taking into account the needs of EmployeesEmployer, customers and production requirements. The Work Section Manager will indicate within two provided that: (2a) working days of receiving an Employee’s request for time off in lieu of overtime whether or not it has been approved. The Work Section Manager will not unreasonably withhold consent; 14.11.4 Overtime, instigated by an Employee, must be overtime Overtime taken as time off in lieu during the ordinary time hours of work prescribed by ▇▇▇▇▇▇ 13, shall be taken at the ordinary time rate, that is is, an hour for each hour worked. (b) Any amount of overtime that has been worked by an Employee in a particular pay period and that is to be taken as time off instead of the Employee being paid for it must be the subject of a separate agreement under this subclause 14.3. The agreement should state: (i.e. i) the number of overtime hours to which it applies and when those hours were worked; (ii) that the Employer and Employee agree that the Employee may take time off instead of being paid for the overtime; (iii) that, if 8 hours is worked on a Saturdaythe Employee requests at any time, the Employer must pay the Employee, for overtime covered by the agreement but not taken as time off, at the overtime rate applicable to the overtime when worked; (iv) that any payment mentioned in subparagraph 14.3(b)(iii) must be made in the next pay period following the request. Note: An agreement under paragraph 14.3(b) can also be made by an exchange of emails between the Employee and Employer, or by other electronic means. Support Staff (Daramalan College, Marist College Canberra, and St Edmund’s College, Canberra) Multi-Enterprise Agreement 2023 (c) Usually an Employee may not accumulate more than 20 hours to be taken as leave in lieu is 8 hoursof overtime payment and overtime shall be taken within one school term, where practicable, and in all cases within six (6) and paid at months of the Weekly Hire Employee’s rate of pay for the Employee’s own grade; 14.11.5 accrual. If an Employee is requested to work overtime by the Work Section Manager, the Employee will have the option of being not taken it shall be paid at the appropriate overtime rates or take time off in lieu of payment for overtime. In this case, the time taken must be equivalent to the overtime payment that would otherwise have been made (i.e. if 4 hours are worked on a Saturday, the time taken in lieu is 7 hours). In this instance, the Work Section Manager and the Employee would mutually agree as to when the Employee would take the equivalent time off; PENALTY RATES ALSO APPLY FOR THE TIME OFF IN LIEUrate. 14.11.6 The Company shall, if requested by an Employee, provide payments, at the rate provided for the payment of overtime in the Agreement, for any overtime worked under this sub clause. 14.11.7 This sub clause can be used for Public Holidays; For example, an Employee who works 8 hours Easter Monday would be paid 8 hours ordinary time and the 12 hours ordinary time banked as Time Off in Lieu of Payment of Overtime; 14.11.8 This sub clause will not be used to avoid paying Employee(s) for overtime; 14.11.9 The Company cannot require Employee(s) to take time off in lieu of payment of overtime for overtime worked;

Appears in 1 contract

Sources: Support Staff Multi Enterprise Agreement