Common use of Time Off in Lieu of Payment for Overtime Clause in Contracts

Time Off in Lieu of Payment for Overtime. (a) Where an Employee has performed work on overtime, the Employee may elect, with the consent of the Employer, to take time off in lieu of payment for overtime at a time or times agreed with the Employer within 12 months of the election. Such election will be evidenced in writing and kept with time and wages records. (b) Overtime taken as time off during ordinary time hours will be taken at the ordinary time rate, that is, an hour for each hour worked, in respect of overtime worked between Monday and Friday inclusive. (c) Normal overtime rates for Saturday and Sunday as set out in subclause 15.1 will typically apply for those days, provided that an Employee may request that the Employer provide time off instead of payment of overtime equivalent to the number of hours of payment the Employee would have received had they been paid overtime for such work. (d) An Employee may not accumulate more than 20 hours to be taken as time off in lieu of payment for overtime. (e) An Employee will be paid any outstanding time off in lieu of payment for overtime at the appropriate overtime rate provided for in subclause 15.1 if: (i) such leave has not been taken within 12 months of accrual; or (ii) the Employee’s employment terminates.

Time Off in Lieu of Payment for Overtime. (a) Where an Employee has performed work on overtime, the Employee may elect, with the consent of the Employer, to take time off in lieu of payment for overtime at a time or times agreed with the Employer within 12 months of the election. Such election will be evidenced in writing and kept with time and wages records. (b) Overtime taken as time off during ordinary time hours will be taken at the ordinary time rate, that is, an hour for each hour worked, in respect of overtime worked between Monday and Friday inclusive. (c) Normal overtime rates for Saturday and Sunday as set out in subclause subclause 15.1 will typically apply for those days, provided that an Employee may request that the Employer provide time off instead of payment of overtime equivalent to the number of hours of payment the Employee would have received had they been paid overtime for such work. (d) An Employee may not accumulate more than 20 hours to be taken as time off in lieu of payment for overtime. (e) An Employee will be paid any outstanding time off in lieu of payment for overtime at the appropriate overtime rate provided for in subclause 15.1 if: (i) such leave has not been taken within 12 months of accrual; or (ii) the Employee’s employment terminates.