Time Off Instead Of Payment For Overtime

The concept of "time in lieu" in the Children's Services Award refers to compensatory time off given to employees instead of overtime pay. The following article provides information on how time in lieu works. 

What Is Time In Lieu?

Time in lieu means that if an employee works extra hours beyond their regular schedule, they can choose to take equivalent time off instead of receiving additional wages.

Arrangements Of Time In Lieu

The "time in lieu" arrangements under the Children's Services Award work as follows:

1. Agreement in Writing: An employee and employer must agree in writing for the employee to take time off instead of being paid for overtime worked. Each instance of overtime to be taken as time off must have a separate agreement.

2. Agreement Details: The agreement must specify:

   • The number of overtime hours and when they were worked.

   • Both parties agree that the employee will take time off instead of payment.

   • The employer must pay the employee for any overtime covered by the agreement if the employee requests it at any time, at the applicable overtime rate.

   • Payment must be made in the next pay period following the request.

3. Time Off Period: The time off must be taken within six months of working the overtime. The employer and employee must agree on the timing within this period.

4. Unused Time Off: If the time off is not taken within six months, the employer must pay the employee for the overtime at the applicable rate in the next pay period.

5. Employee Record: Employers must keep a copy of the agreement as an employee record.

6. No Undue Influence: Employers must not exert undue influence or pressure on employees regarding the decision to make an agreement.

7. Requests Under the Act: Employees may request to take time off instead of payment for overtime, and if the employer agrees, the standard agreement terms apply.

8. Termination of Employment: If employment ends and the time off has not been taken, the employer must pay the employee for the overtime at the applicable rate.

Reference:
Children's Services Award 2010