Time off in lieu (TOIL)
Description
Eligibility for award employees
Eligibility for non-award employees
Description
Time off in lieu (TOIL) allows employees to accumulate any extra hours they have worked to take time off, instead of payment, at a time which is convenient to the employer and employee. Employees are generally given the equivalent time off on an hour for hour basis for the additional hours.
Eligibility for award employees
Eligibility is dependant on whether an award makes a provision for TOIL. If there is no specification for the entitlement of TOIL under the award, employers may wish to consider registering TOIL agreements through a certified agreement.
A state agreement must pass the no-disadvantage test. That is, it does not disadvantage employees in relation to their employment conditions. For a federal agreement to be approved it has to meet the Australian Fair Pay and Conditions Standard (non-Queensland Government link).
Eligibility for non-award employees
Employers are free to make flexible work arrangements and introduce them after consultation with employees. There are no restrictions or obligations for Time off in lieu for non-award employees. However, employers may be mindful of work, family and lifestyle responsibilities of their employees when considering such provisions.
Employers and employees may negotiate an informal arrangements, a formal policy or a formal agreement registered or approved by an authority or tribunal. Employees should contact their human resource department or employer to find out what provisions may already be available through any such arrangement.
Last updated 21 July 2009
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