Overtime, Rest Day, and Public Holiday Enhancement

Transcription

1 Overtime, Rest Day, and Public Holiday Enhancement Introduction The following flow charts may assist when establishing overtime provisions for Police Officers in a number of situations. To ensure you refer to the correct flow chart it may be worth noting what the day before the overtime worked was, the day the officer actually worked and the day after, i.e. was it a working day, rest day or free day? Force Working Day GMP has agreed that the start of the force working day for Police Officers is 7.00 am. You should avoid advancing the starting time prior to 5.00am unless in exceptional circumstances. Where this is necessary you should give as much notice of the change of duty as possible. Exigency of Duty The term exigency of duty relates to situations where: a pressing demand, need or requirement is perceived that is not reasonably avoidable and necessitates a change of roster (Police Negotiating Board Circular 86/9). Both Police Regulations and the GMP VSA Protocol recognise that unexpected circumstances can arise and that it may be necessary to change an officer s duties at very short notice. If an officer s duties are changed because of an exigency of duty, there is no required notice, which you must give him/her. It is, however, good practice to give as much notice as possible. Making changes to shifts on the basis of exigencies of duty should be exceptional and a response to unforeseen events. Changes to rosters should only be made after full consideration of welfare, operational and practical circumstances rather than purely on financial grounds.

2 Re-Rostered Rest Days You should avoid the re-rostering of rest days on a regular basis. If however, due to the exigencies of duty it becomes necessary; officers will be entitled to overtime provisions in line with Police Regulations. Rest Days that Coincide with Public Holidays Remember that if a rest day coincides with a public holiday the rest day should be re-rostered. The day then becomes a public holiday and normal overtime provisions apply if the officer works on the public holiday. If Christmas or New Year fall on a weekend and additional Public holidays are moved to the nearest weekday, for Police Officers, these days all stand as Public Holidays, so an officer working Monday-Friday could have Saturday, Sunday, Monday & Tuesday off as Public Holidays and also be entitled to two days back for the weekend that were originally their weekend rest days. The following charts should assist line managers when awarding overtime provisions:

3 Chart 1: Overtime on a normal working day (Constables and Sergeants) Chart 2: Working through a normal day into a public holiday Chart 3: Overtime through a normal working day into a rest day Chart 4: Overtime, Rest day, Public Holiday Working (Inspecting rank and above) Chart 5: Public Holiday Working (Constables and Sergeants) Chart 6: Recall to duty (Constables and Sergeants) Chart 7: Required to commence a shift earlier than the rostered time Chart 8: Required to commence a shift earlier than the rostered time, which is a rest day or public holiday Chart 9: Rest day working (Constables and Sergeants) Chart 10: Reinstatement of cancelled rest days Chart 11: Reinstatement of cancelled public holidays Chart 12: Part-time officers working variable shifts working additional hours Chart13: Part- time officer asked to work on a free day. Chart 14: Recall to duty from annual leave

4 CHART 1: OVERTIME WORKED ON A NORMAL DAY, IE NOT A REST DAY OR BANK HOLIDAY Sergeants and constables only Regulation 25 Appendix G of the Determinations Police Regulations 2003 Casual overtime Overtime you are not informed of at the start or prior to the start of your shift Example You become involved in an incident and are unable to leave the situation at the end of your shift Time and a third or CTO for each completed period of 15 minutes worked, with the exception of the first 30 minutes on the first four occasions in any 1-week (ie Mon-Sun). Planned Overtime Overtime you are informed of at the start or prior to the start of your shift Example You are warned that you will have to work an additional 2 hours at the end of your shift for a planned event or exercise Time and a third or CTO for each completed period of 15 minutes worked NOTE CTO WILL CONVERT TO PAYMENT 3 MONTHS AFTER YOU HAVE WORKED IT.

5 CHART 2: WORKING THROUGH A NORMAL DUTY DAY INTO A PUBLIC HOLIDAY Sergeants and constables only Example Regulations 24 and 26 Annex H of the Determinations - Police Regulations 2003 Rostered shift is 10pm-7am and you continue to work beyond 7am into the public holiday. If you work from a normal duty day into a public holiday for a period of less than four completed hours you may have payment or CTO at double time for four hours PLUS A day off in lieu which shall be treated as a public holiday and allocated within 4 days of being informed of the change NOTE CTO WILL CONVERT TO PAYMENT 3 MONTHS AFTER YOU HAVE WORKED IT THE FORCE WORKING DAY COMMENCES AT 7AM.

6 Sergeants and constables only Example CHART 3: WORKING THROUGH A NORMAL TOUR OF DUTY INTO A REST DAY Regulation 26 Annex H of the Determinations - Police Regulations 2003 Rostered shift is 10pm-7am and the officer continues to work beyond 7am into a rest day Scenario 1 Where you work up to one hour on the rest day, i.e you continue to work up to 8.00am on the rest day or CTO at time and half for each completed period of 15 minutes worked up to the end of the first hour of the rest day, which immediately follows a normal tour of duty. Scenario 2 Where you work in excess of one hour on the rest day, i.e. you continue to work until 9.00am on the rest day. Minimum of 4 hours payment or CTO at time and half, but no entitlement to travel time, as an additional journey has not been made. NOTE CTO WILL CONVERT TO PAYMENT 3 MONTHS AFTER YOU HAVE WORKED IT, THE FORCE WORKING DAY COMMENCES AT 7AM

7 CHART 4: OVERTIME, REST DAY AND PUBLIC HOLIDAY WORKING Inspecting ranks and above Example OVERTIME You are rostered to work 32 hours per week and you work additional hours, i.e. 40 hours in a particular week. You will be entitled to be paid plain time for the additional hours up to 40 hours per week. REST DAY AND PUBLIC HOLIDAY WORKING Where, owing to the exigencies of duty, you are unable to take a rest day or public holiday, you are entitled to a day off in lieu that should be taken within 12 months

8 CHART 5: PUBLIC HOLIDAY WORKING Sergeants and constables only Regulations 22, 24 and 26 Annex H of the Determinations - Police Regulations 2003 Examples If you are required to either; (i) Work on a public holiday as part of their rostered shift, or; (ii) Rostered to take the public holiday off but is subsequently required to work it, the payment received is dependent upon the notice provided: More than 8 days notice Less than 8 days notice Minimum 4 hours payment or CTO at double time plus 1 hour travel time. (see note below for travel time provisions) Minimum of 4 hours payment or CTO at double time plus 1 hour travel time (see note below for travel time provisions) IN ADDITION A day off in lieu which shall be treated as a public holiday and allocated within 4 days of being informed of the change NOTE UP TO 7 LIEU DAYS/RE-ROSTERED REST DAYS/PUBLIC HOLIDAYS CAN BE ACCUMULATED CTO WILL CONVERT TO PAYMENT 3 MONTHS AFTER YOU HAVE WORKED IT. TRAVEL TIME IS ONLY AVAILABLE IF YOU WORK LESS THAN 6 HOURS. IF, FOR EXAMPLE, YOU WORK 5½ HOURS YOU WOULD BE GIVEN ½ HOUR TRAVEL TIME ONLY, TO MAKE THE TOTAL TIME OF 6 HOURS PLEASE NOTE: IN ASSESSING THE NUMBER OF DAYS NOTICE PROVIDED, THE DAY AFTER Y0U WERE MADE AWARE OF THE CHANGE IS CONSIDERED AS THE FIRST DAY OF NOTICE, AND THE DAY ON WHICH THE SHIFT IS TO BE WORKED IS NOT INCLUDED IN THE NOTICE PERIOD.

9 CHART 6: RECALL TO DUTY Sergeants and constables only Example Regulation 25 Annex G of the Determinations - Police Regulations 2003 Rostered shift is 7am-3pm and you finish work on time. You are subsequently requested to report back on duty at 8pm the same day and works for 2 hours. Furthermore you then report for your rostered shift 7am-3pm the following day. or CTO at time and a third plus 1 hour travel time for the 2 hours recall. NOTE CTO WILL CONVERT TO PAYMENT 3 MONTHS AFTER YOU HAVE WORKED IT. TRAVEL TIME IS ONLY AVAILABLE IF YOU WORK LESS THAN 6 HOURS. IF, FOR EXAMPLE, YOU WORK 5½ HOURS YOU WOULD BE GIVEN ½ HOUR TRAVEL TIME ONLY, TO MAKE THE TOTAL TIME OF 6 HOURS

10 Sergeants and constables only CHART 7: OFFICER REQUIRED TO BEGIN SHIFT EARLIER THAN THE ROSTERED TIME ON A DAY WHICH IS ALREADY A WORKING DAY Regulation 25 Appendix G of the Determinations Police Regulations 2003 Example 1 Rostered to work a week of 7am-3pm shifts. Part way through the week is required to work an alternative shift of 5am-1pm. With due notice, i.e. more than 8 hours Example 2 Rostered to work a week of 7am-3pm shifts. Part way through the week is required to work an alternative shift of 5am-3pm. No additional payment, as sufficient notice provided and no additional hours worked. No additional payment for the hours worked prior to the rostered shift as sufficient notice provided. Overtime rules apply for the additional hours worked at the end of the shift (refer to Chart 1 for further information). Without due notice, i.e. less than 8 hours at time and a third for all hours worked prior to the commencement of the rostered shift. (min 4 hours does not apply here) at time and a third for all hours worked prior to the commencement of the rostered shift. (min 4 hours does not apply here) Overtime rules apply for the additional hours worked at the end of the shift (refer to Chart 1 for further information). NOTE THE FORCE WORKING DAY COMMENCES AT 7AM

11 CHART 8: OFFICER REQUIRED TO BEGIN SHIFT EARLIER THAN THE ROSTERED TIME ON A DAY WHICH WAS A REST DAY OR A PUBLIC HOLIDAY Sergeants and constables only Regulation 24 and 26 Annex H of the Determinations Police Regulations 2003 Example 1 Rostered to work 7am-4pm but is required to work an alternative shift of 6am-3pm i.e. commenced the shift on a rest day Rest day provisions apply for the hour worked 6am-7am, i.e.: More than 15 days notice - Day off in lieu to be notified within 4 days of notification of the change Less 15 days notice 4 hours at a time and half or CTO Example 2 Rostered to work 7am-4pm but is required to work an alternative shift of 6am-3pm instead i.e commenced the shift on a bank holiday Public holiday provisions apply for the hour worked 6am-7am, i.e.: More than 8 days notice - 4 hours at double time or CTO Less than 8 days notice 4 hours at double time or CTO, plus day off in lieu to be notified within 4 days of notification of the change.

12 Continuation of Chart 8: Officer required to begin shift earlier than rostered time on a day which was a Rest day or a Public holiday. Example 3 Rostered to work 7am-4pm but is required to work an alternative shift of 6am-4pm, i.e commenced shift on a rest day AND worked one hour longer than originally rostered. Normal rest day provisions apply for the hour worked 6am-7am as detailed in chart 9. Overtime provisions apply for the hour worked between 3pm- 4pm, Refer to chart 1 for further information NOTE UP TO 7 LIEU DAYS/RE-ROSTERED REST DAYS CAN BE ACCUMULATED CTO WILL CONVERT TO PAYMENT 3 MONTHS AFTER YOU HAVE WORKED IT. TRAVEL TIME IS ONLY AVAILABLE IF YOU WORK LESS THAN 6 HOURS. IF, FOR EXAMPLE, YOU WORK 5½ HOURS YOU WOULD BE GIVEN ½ HOUR TRAVEL TIME ONLY, TO MAKE THE TOTAL TIME OF 6 HOURS PLEASE NOTE: IN ASSESSING THE NUMBER OF DAYS NOTICE PROVIDED, THE DAY AFTER THE OFFICER WAS MADE AWARE OF THE CHANGE IS CONSIDERED AS THE FIRST DAY OF NOTICE, AND THE DAY ON WHICH THE SHIFT IS TO BE WORKED IS NOT INCLUDED IN THE NOTICE PERIOD.

13 CHART 9: REST DAY WORKING Sergeants and constables Regulations 22, 24 and 26 Annex H of the Determinations - Police Regulations 2003 Example 1 You are required to work on a day originally rostered as a rest day. More than 15 days notice Less than 15 days notice Day off in lieu to be notified to you within 4 days of notification of the change. Minimum of 4 hours payment or CTO at time and a half. (see note below for travel time provisions) Continued below:

14 Example 2 Sat RD Sun RD Required to work 7am 3pm on a Sunday that was originally rostered as a rest day, and subsequently required to work an alternative shift of 5am 1pm (meaning that the previous rest day is affected). Example 3 Sat RD Sun RD Required to work 7am 3pm on a Sunday that was originally rostered as a rest day, and subsequently required to work an alternative shift of 5am 1pm but continues to work until 3 pm (meaning that the previous rest day is affected AND additional hours are worked at the end of the shift). (1) For the disruption of the initial rest day please see example 1 above for your entitlement (2) For the hours worked between 5am and 7am which were also on a RD you are entitled to either a re-rostered RD OR Management may offer to pay you a minimum payment of 4 hours+1 at the appropriate rate dependant upon the notice period given. Continuation of chart 9: Rest Day Working NOTE (1) For the disruption of the initial rest day please see example 1 above for your entitlement (2) For the hours worked between 5am and 7am which were also on a RD you are entitled to either a re-rostered RD OR Management may offer to pay you a minimum payment of 4 hours+1 at the appropriate rate dependant upon the notice period given. In addition to the above, overtime provisions for the hours worked from 1pm-3pm will apply. RE ROSTERED REST DAYS SHOULD BE LIKE FOR LIKE, E.G SATURDAY FOR A SATURDAY; WHEREVER POSSIBLE. REST DAY PROVISIONS AS DETAILED ABOVE ALSO APPLY TO PART-TIME OFFICERS. UP TO 7 LIEU DAYS/RE-ROSTERED REST DAYS CAN BE ACCUMULATED CTO WILL CONVERT TO PAYMENT 3 MONTHS AFTER YOU HAVE WORKED IT. TRAVEL TIME IS ONLY AVAILABLE IF YOU WORK UNDER 6 HOURS. IF, FOR EXAMPLE, YOU WORK 5½ HOURS YOU WOULD BE GIVEN ½ HOUR TRAVEL TIME ONLY, TO MAKE THE TOTAL TIME OF 6 HOURS IN ASSESSING THE NUMBER OF DAYS NOTICE PROVIDED, THE DAY AFTER THE OFFICER WAS MADE AWARE OF THE CHANGE IS CONSIDERED AS THE FIRST DAY OF NOTICE, AND THE DAY ON WHICH THE SHIFT IS TO BE WORKED IS NOT INCLUDED IN THE NOTICE PERIOD.

15 CHART 10: REINSTATEMENT OF CANCELLED REST DAYS Sergeants and constables only Example A previously cancelled rest day is reinstated. More than 7 days notice but less than 15 Take rest day with no compensation. Less than 8 days notice Take rest day with no compensation OR Work on the rest day with appropriate compensation (as detailed in Chart 9) Note IN ASSESSING THE NUMBER OF DAYS NOTICE PROVIDED, THE DAY AFTER THE OFFICER WAS MADE AWARE OF THE CHANGE IS CONSIDERED AS THE FIRST DAY OF NOTICE, AND THE DAY ON WHICH THE SHIFT IS TO BE WORKED IS NOT INCLUDED IN THE NOTICE PERIOD.

16 CHART 11: REINSTATEMENT OF CANCELLED PUBLIC HOLIDAY Sergeants and constables only Example 1 A previously cancelled public holiday is reinstated. More than 7 days notice Take public holiday with no compensation. Less than 8 days notice Take public holiday with no compensation OR Work on the public holiday with appropriate compensation (as detailed in Chart 5) Note IN ASSESSING THE NUMBER OF DAYS NOTICE PROVIDED, THE DAY AFTER THE OFFICER WAS MADE AWARE OF THE CHANGE IS CONSIDERED AS THE FIRST DAY OF NOTICE, AND THE DAY ON WHICH THE SHIFT IS TO BE WORKED IS NOT INCLUDED IN THE NOTICE PERIOD.

17 CHART 12: PART-TIME OFFICERS WORKING VARIABLE SHIFTS WORKING ADDITIONAL HOURS Overtime provisions apply when the additional hours, plus your average weekly hours, exceed 40 hours per week. Sergeants and Constables only Example roster Regulation 25 and Annex G of the Determinations Police Regulations 2003 The following example shows how to calculate the average hours: Week 1, 48 hours Week 2, 10 hours Week 3, 39 hours Week 4, 26 hours Week 5, 32 hours Total hours = 155 Divide 155 by 5 (the number of weeks) to find the average week of 31 hours. Any additional hours worked in any one week should be added onto the average of 31. For example, you work 10 additional hours in Week 2. Add this to the average week of 31 hours, making a total of 41 hours on this occasion for week 2. Therefore, 9 hours should be paid at plain time and 1 hour at the appropriate overtime rate. Note Part-time officers are subject to Police Regulations, including the same obligation as full time officers in respect of requirements to work overtime and recall to duty.

18 CHART 13: PART-TIME OFFICER REQUIRED TO WORK ON A FREE DAY The number of free or non-working days will depend on the number of hours worked and the pattern worked. They should ideally not coincide with a public holiday. When they do, time in lieu should be given and public holiday provisions will then apply, see public holiday flowchart above. When working on a free day please see the details below. Sergeants and constables only Example 1 You are required to work on a free day with more than 15 days notice. Time off in lieu equal to one working day Example 2 You are required to work on a free day with less than 15 days notice. Option 1 If you are the only officer that can perform the duties for example, attending court or obtaining a witness statement then additional hours apply Option 2: If there are other officers who can perform the duties e.g a football match or a special operation, then rest day provisions apply. (as detailed in chart 9) Note IN ASSESSING THE NUMBER OF DAYS NOTICE PROVIDED, THE DAY AFTER THE OFFICER WAS MADE AWARE OF THE CHANGE IS CONSIDERED AS THE FIRST DAY OF NOTICE, AND THE DAY ON WHICH THE SHIFT IS TO BE WORKED IS NOT INCLUDED IN THE NOTICE PERIOD.

19 CHART 14: RECALL TO DUTY FROM ANNUAL LEAVE Regulation 33 Annex 0 of the Determinations Police Regulations 2003 No of A/L days lost 1 or 2 days Whether or not those days formed a single period 3 or more days Whether or not those days formed a single period An additional 2 days annual leave or, if you prefer, 1 days annual leave and one day s pay at double time; in lieu for each such day An additional 2 days annual leave or, if you prefer, 1 days annual leave and 1 days pay at double time; in lieu for the first 2 such days AND 1 ½ days annual leave or, if you prefer, 1 days annual leave and ½ days pay at double time in lieu of each such day thereafter This provision applies to a period of absence from duty of 3 or more days, where at least one of those days is a day of annual leave and the other days, if not annual leave, are rostered rest days, day off in lieu of overtime, public holiday (or day off in lieu) or monthly leave days or any combination of these. It is only the A/L day(s) or TOIL day(s) that are compensated as above. If the leave period is 5 or more days then all days are treated as A/L and are compensated as above. ( PNB Circular 2014/8)