Policy overview
LFR grey book staff should continue to refer to service orders.
We ensure that employees receive the correct pay and annual leave if they work more than their contracted hours. We seek to ensure that we plan workloads according to the resources available.
We commit to providing a healthy and safe working environment. In doing so, we support all employees with their health and wellbeing at work.
Sometimes, employees are required to work additional hours above their contracted hours. We manage this via the flexible working hours scheme, often known as flexi-time. Different service areas may operate other flexible working schemes, subject to their needs.
The flexi-time scheme aims to offer employees more flexibility. A department or service area will agree:
- standard or core working hours that employees must work
- flexible working hours where employees can vary their start and finish times
Flexible working hours are subject to business demands. Colleagues must agree to ensure appropriate cover.
Employees will:
- work between the basic core hours
- have the flexibility, subject to operational needs, to start and finish between the other hours
- log their hours worked each day on a flexitime sheet
- keep additional and deficit hours to a minimum by the end of each 4 week period
If the hours worked are above or below their contracted hours at the end of the week or month, they can agree to work fewer or more hours in the next week or month. This may be agreed as:
- additional working time, or
- time off in full or half days (flexi-leave), or
- worked or taken back in smaller amounts such as an hour during or at the end of the day
Additional hours worked are converted into flexi-leave at the suggested maximum rate of 24 half days or 12 full days per year (reduced pro rata for part-time staff). Taking flexi-leave is subject to the normal controls for the booking of annual leave.
We will pay additional hours or overtime where:
- we cannot manage additional hours above contracted hours
- in service areas where it is not suitable to have a flexi-time scheme
Definitions
- overtime working is the hours worked beyond a full-time working week. For most roles, this is 37 hours per week. Where full-time hours are different, we outline this in the relevant terms and conditions of employment
- additional hours are those worked by part-time employees beyond their contracted hours. Additional hours are counted up to full-time hours. Read guidance on additional hours for part time employees
- paid additional hours and overtime are subject to conditions in local agreements and terms and conditions
Managing additional hours or overtime
Managers plan and manage all workloads to keep the need for additional hours or overtime to a minimum. They must consider the health and safety issues outlined in this policy and the working time regulations.
We use flexi-time where appropriate in advance of paid additional hours or overtime to promote a good work-life balance for staff.
We pay additional hours at plain time. We pay overtime in line with the terms and conditions of employment.
Employees in posts up to and including Grade 8 may receive payment for additional hours. Payments can only be approved by:
- a manager of Grade 12
- or, a budget holder determined by the head of service in conjunction with the line manager
Employees in posts on or above Grade 9 are not eligible for overtime payments. We recognise that there may be rare occasions when we require staff on G9 or above to work overtime. If we cannot manage this through the flexi-time scheme employees should make claims at plain time. Claims are reviewed case by case and will require head of service approval.
For employees on TUPE terms and conditions (for example, NHS contracts) the rates payable for enhancements align with the TUPE terms.
We may pay employees in the place directorate a site allowance instead of overtime who are required to:
- be temporarily based on-site
- work exceptional hours, and
- endure all-weather conditions in construction or engineering works
For further details, read the local scheme of conditions of service.
Examples of additional hours or overtime:
- one-off events for an activity at short notice (for example, external inspections)
- short-term peaks in workload
- unplanned projects which we cannot reschedule or have someone else carry out
- responding to emergencies. We recognise that it is not always possible to authorise additional hours or overtime in advance. Employees that have had to work overtime in an emergency must inform their line manager as soon as possible. We can then agree to any payments due
- where there is a need to cover a frontline service to ensure the service continues
All claims should normally be submitted and authorised monthly.
Managers should regularly monitor the usage and cost of additional hours or overtime. They should ensure there is no need to claim regular or excessive additional hours or overtime.
Senior leaders contracts state: "The salary for this post reflects its seniority and the expectation that you will work the hours needed given the requirements of the post."
We do not expect that we will pay overtime or additional hours to staff in these roles.
Additional hours
How to claim
Employees must have approval in advance of working the paid additional hours from:
- a manager of Grade 12 or above
- or, a budget holder as determined by the head of service in conjunction with the line manager
Upon completion of the additional hours, employees need to claim on Business World for time worked. Employees can claim only for time worked over their contracted time up to full-time hours for the post per week. Guidance on entering variable payments can be found on FreshService.
We pay additional hours retrospectively. The payment will show in the employee's payslip in the following month.
Annual leave entitlement
Sometimes it is not appropriate to increase contractual hours either on a temporary or permanent basis. Managers must calculate the additional annual leave entitlement for the extra hours worked. It must be a true reflection of the hours that the part-time employee works.
Read the guidance for calculating annual leave and holiday pay for part-time employees who work additional hours up to full time hours per week.
Overtime
How to claim
Employees must have approval in advance of working the paid additional hours from:
- a manager of Grade 12 or above
- or, a budget holder as determined by the head of service
Upon completion of the additional hours, employees need to claim on Business World for time worked over the full-time hours for the role. Guidance on entering variable payments can be found on FreshService.
We make all additional hours payments retrospectively. We include them in the employee's salary in the subsequent pay period.
Additional holiday pay
When employees take annual leave, the pay they receive reflects what they would have earned if they had been at work. We will pay basic pay for that period of leave (annual salary / 12 months). For those employees who work overtime, they will receive additional holiday pay.
For further details read guidance for calculating additional holiday pay.
Health and safety
Working in excess of contracted hours should be kept to a minimum wherever possible. This is in the interests of health and safety and the well-being of our employees.
When authorising overtime, managers need to be aware of health and safety and any potential risks, especially:
- fatigue - excessive overtime may make employees tired. This may then pose a risk to themselves or others. Line managers should carry out risk assessments and take any necessary steps to eliminate or minimise them.
- breaks - employees required to work for more than six continuous hours are entitled to an unpaid rest break of 20 minutes within that six hours. Staff under the age of 18 are entitled to take an unpaid 30 minutes break if they work for more than 4.5 hours continuously.
- lone working - if working alone is necessary, managers must:
- check the employee does not have a medical condition making it unsuitable for them to work alone
- check the environment is safe
- carry out a lone working risk assessment
- Working Time Regulations - line managers are responsible for ensuring that the total hours worked do not exceed these Regulations. Adults (workers aged 18 and over) cannot lawfully be required to work more than an average of 48 hours a week. This includes multiple employment both with the County Council and other employers. We calculate the total over a rolling (or static) reference period of 17 consecutive weeks. An adult worker may 'opt-out' of the maximum 48-hour week. They must do this voluntarily and in writing. Use our working time opt-out form.
Employees and managers should ensure that:
- employees are entitled to 11 hours uninterrupted rest between each working day
- staff are entitled to one whole day off per week or two whole days off every two weeks. Only in exceptional circumstances should we request or permit staff not to have at least one whole day of relaxation per week
- employees aged 16 or 17 years cannot work for more than eight hours a day or 40 hours in any week, including overtime. Young workers are entitled to 12 hours uninterrupted rest between each working day and two days off each week
For further advice on this matter, contact your senior HR adviser.