Western NSW LHD: Draft Time in Lieu Procedure

Transcription

1 Newsletter: 224/2018 Date: 4 May 2018 Distributin: WNSWLHD members Cntact: Yur HSU Organiser Dear Member, Western NSW LHD: Draft Time in Lieu Prcedure Attached t this newsletter is a cpy f the LHD s draft Time in Lieu f Overtime prcedure. The HSU is nw seeking feedback frm members. Please prvide cmments by clse f business 14 May 2018 via ayshe.lewis@hsu.asn.au. In unity, Gerard Hayes Secretary, HSU NSW/ACT/QLD

2 Prcedure: cmpliance is mandatry Title: Time in Lieu f Overtime Dcument Number: Summary: Key Wrds: Directrate: WN_PD2018_XXX This plicy utlines WNSW LHD requirements and prcess infrmatin in relatin t use f Time in Lieu f Overtime (TIL), and prvides infrmatin t aid cmpliance with relevant Awards and Ministry f Health plicy. Overtime, time-in-lieu, flexible wrk Wrkfrce and Culture Functinal Sub Grup: Clinical Crprate Prcedure Type: (Include name f prcedure t be replaced) Endrsement Date: Publicatin Date: Next Review Due: Applies T: Natinal Standards N. that this Prcedure applies t: Apprved By: New Prcedure Replaces Prcedure: TIME IN LIEU OF OVERTIME All emplyees f WNSW LHD fr which TIL is available under their Award. N/A Chief Executive Versin Cntrl and Change Histry: Versin Date frm Date t Amendment 1.0 //2018 Original Versin Cmpliance with this Prcedure is Mandatry Page 1 f 15

3 Prcedure Title: Cntents 1. Backgrund Abut this dcument Key Definitins Legal and Legislative Framewrk Prcedure Apprval fr accrual f TIL Recrding TIL accrued Using (taking back) TIL TIL Payuts Recrds Rster system entry Mnitring and wrkfrce planning TIL fr travelling and waiting time (Refer t PD2016_010 sectin 4.4) Overview f Respnsibilities Managers: Staff: Perfrmance Measures Dcument Retentin References and Links Cmpliance with this Prcedure is Mandatry Page 2 f 15

4 Prcedure Title: 1. Backgrund 1.1 Abut this dcument Time in Lieu f Overtime (TIL) refers t the accrual (r banking) f wrk time which can be taken back later, as an alternative fr eligible emplyees instead f being paid vertime. It is an ptin that emplyees may chse if they wuld prefer t have sme paid time ff at a later date, rather than be paid fr vertime, when they assist their wrkplace t meet service needs. It can be a mre cst effective way t meet service delivery needs fr the rganisatin. This prcedure utlines hw TIL must be apprved, accrued, taken back, recrded, paid ut and mnitred within the WNSW LHD. 1.2 Key Definitins TIL Acrnym, Abbreviatin, Key Term TIL accrual Definitin Time in Lieu f vertime (TIL) is time accrued by an emplyee t be taken at a later time, instead f being paid vertime (time wrked utside rdinary hurs, cnsistent with the emplyee s award). NB: If nt taken later it may be paid ut see belw. When time which wuld usually attract vertime payments, but is wrked withut pay, and the time is accrued and recrded in the payrll system, added t an existing balance if there is ne, t be used r taken back at a later time (preferably within 3 mnths). TIL use (taking time back) This ccurs when the emplyee is absent frm their rstered wrk hurs n full rdinary pay, taking back TIL which has already been accrued, and has been recrded in the payrll system. Rstering System The payrll rstering system used by the WNSW LHD (HealthRster at the time this plicy was develped). TIL payut Flex time When TIL has been accrued and is nt taken within a 3 mnth perid, it can be paid ut at the rate(s) at which it was accrued (accrual rates vary, accrding t the relevant Award). While payut after three mnths is nt cmpulsry, n mre than a ttal f 24 hurs TIL can be accrued. If TIL accrued is nt paid ut after 3 mnths the balance will remain fr the emplyee fr payut/ taking at a later date. The Public Service Cmmissin Flexible Wrk Practices Plicy Guideline PSCG1995_001 (link belw) utlines a range f ptins as an alternative t TIL that may be available and suitable fr staff acrss the LHD, depending n their circumstances. Cmpliance with this Prcedure is Mandatry Page 3 f 15

5 Prcedure Title: 1.3 Legal and Legislative Framewrk Fr example, within a single pay perid, an emplyee may elect, with the apprval f their manager, t wrk extra time n a single r multiple days (withut being paid fr the additinal hurs) t allw fr attendance at a medical appintment etc during wrk time n anther day. tement?metadata=19331 The principle guiding dcuments relating t this Prcedure are the relevant industrial awards accrding t an emplyees classificatin which gvern access t vertime, fr example the Public Health System Nurses and Midwives (State) Award and the Health Emplyees Cnditins f Emplyment (State) Award. 2. Prcedure 2.1 Apprval fr accrual f TIL There must be a lcal prcess in place fr apprval f TIL in each relevant unit acrss the WNSW LHD in line with this plicy. Apprval fr TIL accrual must nly ccur as per the requirements f the relevant award(s), this prcedure and the lcal prcesses in place. Additinally TIL f less than 30 mins is nt t be apprved / accrued and shuld be pre-apprved as flexible time. If there is emplyee misunderstanding r TIL is being used inapprpriately by management r an individual emplyee alternative ptins will need t be jintly discussed Managers and emplyees must be aware f vertime / TIL inclusins within the awards which relate t each relevant wrk rle, including the cnditins f emplyment awards, where applicable. Accrual f TIL (rather than payment f vertime) must be at the request f the emplyee. TIL balances must nt be negative. TIL must nt be apprved fr accrual unless the emplyee has submitted t their manager the TIL Apprval Frm and all required fields have been cmpleted: This frm must be authrised and retained by the Manager fr 6 years in the lcal emplyee staff file. The manager is respnsible fr crrectly recrding the apprved accrual and taking f TIL in HealthRster. Cmpliance with this Prcedure is Mandatry Page 4 f 15

6 Prcedure Title: Managers must give apprval prir t the TIL being accrued as accrued TIL is in effect replacing vertime, and the manager is therefre giving apprval fr the vertime wrked t be recmpensed t the emplyee as TIL. It must therefre be apprved in nly thse circumstances where paid vertime wuld have be apprved, fr the prvisin f essential services / wrk where n ther ptins are available. Pre-apprval fr accrual f TIL must be fr a specific maximum time perid (in blcks f 15 mins, beginning at 30 mins). If the actual requirement fr TIL accrual that has been pre-apprved turns ut t be less than this time perid, the emplyee finishes wrk when the wrk is finished, and nly claims the perid wrked (rather than the maximum apprved). The TIL accrued is runded dwn t the nearest 15 mins. Fr example, if smene was pre-apprved fr an hur TIL, but actually finished 38 mins after their rstered hurs, they wuld be able t accrue 30 mins f TIL. Lcal apprval prcesses must clearly describe when apprval fr TIL can be btained prir t the TIL being wrked and accrued. TIL must nly be apprved where it is cnsidered likely that the TIL can be used (taken back) by the emplyee withut them being replaced in any way (eg by extra, vertime r casual hurs). If this cannt ccur then vertime shuld be cnsidered t be paid. TIL must nly be apprved after apprpriate steps have been taken in an attempt t avid the need t use TIL r vertime. TIL must nt be apprved when it will lead t the emplyees TIL balance being greater than 24 hurs (ie 24 hurs is the maximum that any emplyee can accrue). Overtime must be paid instead f TIL if the hurs wrked wuld bring the balance abve 24 hurs TIL. Fr this reasn managers must mnitr TIL balances within HealthRster (and als fr the purpse f apprving requests t take r use accrued TIL). It shuld be nted under sme Awards TIL may nt be available fr sme classificatins, fr example casual staff, Health Managers Level 5 r abve and Nurse/ Midwife Managers, classified at Grade 4 r abve. There are sme exceptins and relevant Awards need t be reviewed fr mre infrmatin. Cmpliance with this Prcedure is Mandatry Page 5 f 15

7 Prcedure Title: 2.2 Recrding TIL accrued All TIL accrued must be recrded in the rstering system, in the pay perid in which it was accrued, as per the infrmatin n the TIL Apprval Frm. TIL will be recrded in the rstering system accrding t the rate f vertime that wuld have been paid fr the perid wrked, as per the relevant Award. This infrmatin becmes relevant if the TIL is paid ut after three mnths but has n bearing n accrued TIL which is used r taken back. (please see sectin 2.3 and 2.4) Thse apprving TIL shuld be aware f the relevant award prvisins and exactly what they are apprving; and it must be clear t the persn respnsible fr rstering entry exactly what has been apprved and which cdes must be entered fr management sign-ff (as per the TIL Prcessing Fact Sheet). Appendix 2. Cmpleted TIL Apprval Frms must be kept tgether n lcal emplyee staff files after entry int HealthRster, and they must be lgged n a summary sheet t enable managers and emplyees t track TIL amunts and time since accrual. This will enable emplyees t readily identify the date f the perid(s) f vertime they wish t be paid ut. T nte; - this will need t be fund in HealthRster, t be cnverted t vertime. 2.3 Using (taking back) TIL Accrued TIL (as per the balance n the lg f TIL Apprval Frms, that have been entered in HealthRster) must be used at a time which is acceptable t bth the emplyee and the rganisatin, and must be apprved by the line manager r delegate. As identified abve, the emplyee taking TIL cannt be replaced in any way and management must ensure that service delivery is nt cmprmised. Managers need t take int cnsideratin service requirements, ther emplyees leave already apprved and peak wrk perids etc. befre apprving TIL t be taken. Using (taking back) TIL will nt be apprved unless the emplyee has cmpleted the request t take TIL n the riginal TIL Apprval Frm. Once authrised, the TIL taken is recrded in HealthRster as per the TIL Prcessing Fact Sheet. The apprpriate cde will be entered int the rstering system when TIL is taken, s that the balance in HealthRster is updated/ reduced. TIL cannt be taken where there is n accrued TIL balance and amunts cannt be taken which are greater than this balance. Cmpliance with this Prcedure is Mandatry Page 6 f 15

8 Prcedure Title: TIL will be taken/ used at rdinary rates nly: ie regardless f the rates at which it was accrued (eg time and a half, duble time r duble time and a half): if 3.5 hurs were accrued, nly 3.5 hurs can be taken/ used. TIL will be used/ taken back in the rder in which it was accrued, referring t the riginal TIL apprval frm. T maintain accurate lcal recrds, when TIL is taken, the apprpriate hurs shuld be crssed ff the TIL Apprval Frms and balance lg, wrking frm the ldest TIL accrued frward t the newest, as necessary. 2.4 TIL Payuts Each episde f TIL can be paid ut t the emplyee in the next pay perid 3 mnths after it is accrued, which will reduce the balance in HealthRster by the relevant amunt. All TIL pay uts ccurring where an emplyee has nt been able t take the time ff in lieu within three mnths f being accrued will be paid ut at the apprpriate vertime rates at the time f accrual relevant t the emplyees Award Paying ut TIL invlves finding the (r each, if mre than ne) episde f TIL accrued within HealthRster and cnverting it t vertime. This will reduce the TIL balance and each episde paid ut will n lnger shw up as TIL accrued. Where an emplyee has a TIL balance at the date f their terminatin f emplyment, the balance is paid ut at the apprpriate vertime rates. The emplyee will need t cmplete the TIL Apprval Frm and frward it with their Resignatin. 2.5 Recrds Paper recrds (TIL apprval frms) must be kept lcally, fr a minimum f 6 years. 2.6 Rster system entry Please see the TIL Prcessing Fact Sheet (Appendix 2) fr specific rstering system entry infrmatin. Cmpliance with this Prcedure is Mandatry Page 7 f 15

9 Prcedure Title: 2.7 Mnitring and wrkfrce planning All relevant managers must mnitr vertime and TIL activity (particularly TIL payuts) within their units, and develp strategies t address these when indicated. Managers are t mnitr the use f TIL as vertime t avid excessive hurs that may impact n an emplyee and t ensure Wrk, Health & Safety cnsideratins are taken int accunt when apprving TIL accrual. The review f high use f vertime and TIL may include wrklads, service demands, mdels f care, cre business/ pririty targets and current staffing levels/ arrangements. While an acceptable lw level f TIL may be an apprpriate strategy t manage unexpected essential service demands r shrt term staffing deficiencies, wrkfrce planning must fcus n minimising use f TIL and vertime as far as practicable, given the additinal cst they represent. Prvisins within the Flexible Wrk Practices Plicy Guideline (PSC G1995_001) shuld be cnsidered and used instead f TIL where pssible. 2.8 TIL fr travelling and waiting time (Refer t PD2016_010 sectin 4.4) The perid fr which the cmpensatin is being sught must be 30 minutes r mre n any ne day. A staff member directed t travel n fficial business utside their usual hurs f duty is entitled t apply and be cmpensated fr such time either by payment at single time in accrdance with the prvisins cntained in this sectin f the Plicy Directive PD2016_010 sectin 4.4, r if peratinally cnvenient, by taking equivalent time f in lieu. Time ff in lieu r payment fr excess traveling time r waiting time (if travelling with a wrk clleague/s wh may be required t stay later than travelling cmpanins) will nt be granted r made fr mre than eight hurs in any perid f 24 cnsecutive hurs. Cmpliance with this Prcedure is Mandatry Page 8 f 15

10 Prcedure Title: 3. Overview f Respnsibilities 3.1 Managers: Must develp and cmmunicate t staff lcal prcedures fr TIL as per this prcedure. Are required t ensure their staff are aware f their respnsibilities in relatin t accruing and taking TIL including recgnising that TIL is t be accrued fr the same reasns that vertime might be granted and nt fr accmmdating persnal wrk preferences. Must apprve the TIL Apprval Frms and ensure accurate HealthRster entries, as apprpriate fr accruing and taking TIL. Will mnitr all TIL and make adjustments in HealthRster t pay vertime n emplyee request after the Industrial Award specified perid. Are required t mnitr TIL hurs within their department and regularly review wrking arrangements where excess hurs are being accrued, t ensure practices are reasnable fr the wrk setting, r that plans are develped t address wrkfrce arrangements. Will prvide reasnable explanatin t staff when a request t take TIL cannt be granted and ensure cnsultatin ccurs with the staff member t mutually agree n a suitable time t take accrued TIL. 3.2 Staff: Must fllw lcal prcedures in place fr TIL accrual, taking and pay uts. Must submit TIL accrual frms as sn as practicable after the TIL has been accrued (rdinarily by the next rstered shift). Take back the TIL as sn as practicable after accruing it. 4. Perfrmance Measures Rates f TIL per ttal paid FTE must be regularly mnitred at a unit level (acceptable rates will vary acrss units depending n the nature f their wrk). The WNSW LHD Executive will mnitr TIL usage (alngside vertime) within the LHD and make recmmendatins as required. Cmpliance with this Prcedure is Mandatry Page 9 f 15

11 Prcedure Title: 5. Dcument Retentin Dcuments listed belw must be retained fr the defined retentin perid within the rganisatin. Dcument Type Retentin Schedule Retentin Perid TIL apprval dcuments GDA Destry after 6 years 6. References and Links Plicy Flexible Wrk Practices Guidelines- Public Service Cmmissin G1995_001 metadata=19331 Official Travel PD2016_010 Awards Examples f specific cnditins f emplyment awards Health Emplyees Cnditins f Emplyment (State) Award Public Hspital (Prfessinal and Assciated Staff) Cnditins f Emplyment (State) Award aff.pdf Example f rle specific awards which cntain cnditins f emplyment Nursing and Midwifery Hspital Scientists State Award Cmpliance with this Prcedure is Mandatry Page 10 f 15

12 Prcedure Title: Appendix 1. TIL Apprval Frm: recrding Apprval, Taking and Pay-Out f TIL f Overtime (T be kept n lcal emplyee staff file) Sectin 1: Cmplete (All) Emplyee Name Department Emplyee Number Cst Centre Request (t be cmpleted by emplyee) Date f time in lieu f vertime wrked Start time Finish time Public Hliday Overtime preapprved accrding t lcal prcedure Emplyee signature Date frm signed Yes/N Yes/N Apprval (t be cmpleted by manager) Name Psitin Signature Sectin 2: Cmplete fr Time in Lieu f Overtime Accrual Date Apprval Yes/ N Entered int Health Rster Request (t be cmpleted by emplyee) TIL balance Hurs TIL yu are requesting t be paid ut (refer t sectin 2.4 f TIL f Overtime Plicy) Hurs TIL yu are requesting t take back (refer t sectin 2.3 f TIL f Overtime Plicy) Emplyee signature Date/s the TIL yu are being paid/taking was accrued Apprval (t be cmpleted by manager) Name Psitin Signature Please prvide reasn if nt apprving TIL accrual: Date entered: Sectin 3: Cmplete t request payut r taking f accrued TIL Date Apprval Entered int HealthRster Yes/ N Please prvide reasn if nt apprving TIL accrual: Date entered: Cmpliance with this Prcedure is Mandatry Page 11 f 15

13 Prcedure Title: Cmpliance with this Prcedure is Mandatry Page 12 f 15

14 Prcedure Title: Cmpliance with this Prcedure is Mandatry Page 13 f 15

15 Prcedure Title: HOW TO OBTAIN TIL BALANCE FROM HEALTHROSTER 1. Run individual timesheet reprt ut f HealthRster Click n reprts Timesheet reprt Individual Timesheet Reprt Chse unit Frm and T dates (run it frm the first date TIL had been entered t be safe d frm g live date) Chse persn Output As: Excel Click n Green arrw when it appears View Reprt Put filters n headings. 2. Select the Name heading Un Tick all Then select TIL LM 4. Manually recrd the hurs frm the nn-prductive clumn these are the TIL hurs taken. 5. Reselect all ptins in the Name clumn s reprt returns t riginal state. 6. Select the UOT (HH:MM) heading Un Tick all Then select OTASTIL. Cmpliance with this Prcedure is Mandatry Page 14 f 15

16 Prcedure Title: 7. Manually recrd the hurs frm the nn-prductive clumn these are the TIL hurs accrued. 8. Manually subtract the TIL accrued hurs with the TIL taken hurs and this will give yu the TIL balance. Cmpliance with this Prcedure is Mandatry Page 15 f 15