Staff Leave Policy

This policy was adopted by the Board on 13 December 2023 and reviewed and updated by the Head of Finance & Operations in November 2023. It is part of a series of Staff Policies.

Policy Context

One element of our success relies on the skills, energies and commitment of its employees. On occasions staff may be required to work beyond their contracted hours in order to meet the needs of the charity. This goodwill and adaptability make it possible to provide a responsive and flexible service and cope with work demands.

However as an employer, WMUK also has a duty to protect the health and safety of its staff by ensuring that they do not work too many hours and that they are recompensed by taking time off in lieu (TOIL) for any extra time that they do have to work.

TOIL is defined as: "time off which you are allowed to take, instead of overtime pay, for hours worked beyond an employee's contracted hours".

This policy does not form part of an employee's contract of employment and may be reviewed and revised from time to time in line with current best practice and statutory requirements and to ensure that business needs are met.

Aims and Purpose

• To set out a framework for how TOIL is managed within WMUK.
• To ensure all staff understand their responsibilities before working beyond their contracted hours and how to record and take TOIL
• To ensure that everyone is following defined TOIL procedures

Responsibilities for WMUK Management and Staff

The WMUK recognises that TOIL allows staff to respond flexibly to service needs. In order for TOIL to be managed appropriately, the WMUK’s management and staff will adhere to the following principles:

• TOIL is not a tool to be used to accrue time to enable extra days leave to be taken. Staff should generally carry out their duties within their contracted hours
• TOIL is an exceptional rather than a routine occurrence. It is to ensure that when employees have to work beyond their contracted hours, this time can be taken back
• Employees should plan work in advance and any TOIL that is to be accrued must be agreed in advance with an employee’s line manager
• TOIL should not result in changes to normal contracted hours or arrangements, such as a particular afternoon becoming a ‘TOIL afternoon’
• The scheme must be utilised in the best interests of effective service provision. This requires co-operation between staff and managers to ensure adequate cover is provided as necessary

Procedures for WMUK Management and Staff

Planning work

• Staff must agree in advance with their line manager any time to be worked outside of contracted hours and this time will be for specific, rather than ad hoc, pieces of work
• Where an employee has agreed to work outside of their contracted hours, they should aim, where possible, to adapt their existing contracted pattern (for instance, by coming in earlier or later to work or working on a different day of the week) rather than accrue TOIL

Accruing and recording TOIL

• Staff may accrue TOIL in multiples of thirty minutes
• Staff should not build up excessive amounts of TOIL. Staff will not accrue more than seven and a half hours in TOIL in each month, except in exceptional circumstances and with prior consent of their line manager
• Staff may accrue TOIL if working longer than contracted hours when travelling to or from an event outside of the office. The employee’s normal travelling time to and from work must be subtracted from the total travelling time.
• Employees are responsible for completing their own TOIL recording sheet on-line, and the line manager needs to be notified when changes are made.. The recording sheet will be monitored by the employee’s line manager

Taking TOIL

• TOIL must be taken within two months of accrual unless agreed in advance with the line manager. TOIL accrued and not redeemed in this way will be lost.
• Staff must obtain their line manager’s approval before taking any TOIL, by emailing their line manager for authorisation. The recording sheet will be monitored by the employee’s line manager
• On termination of employment, all TOIL must be at a zero balance. Employees will not be paid in lieu of accrued TOIL which has not been taken by the final date of employment. Any such accrued TOIL will be lost

Policy Implementation

• The Manager is responsible for ensuring the implementation of this policy and that regular reviews take place
• All staff and volunteers have a responsibility to adhere to this policy and will be made aware of this policy as part of their induction, supervision and training