Overtime

Civil servants, (other than those who have no set conditioned hours), are eligible to be paid overtime, in accordance with the following provisions, for additional hours worked at management's request, which are in excess of their conditioned hours.

Overtime working should, in general, only occur during periods of exceptional pressure of work and only then, at the request of management. It should be worked on Monday to Friday if feasible and not over the weekends except as a last resort.

Overtime working should be undertaken by volunteers but, if this is not possible and civil servants are required to work excess hours, every effort should be made by the Accounting Officer to give at least 48 hours' notice to those concerned.

Corporate Leadership Group – Terms and Conditions Exclusions

See also terms and conditions for new starters and promotions

All overtime claims must be authorised by an appropriate manager who will ensure that claims are properly supported by a record of hours worked. If attendance registers are not in use, civil servants must themselves provide the necessary documentation in support of their claims.

The Financial Regulations require that all claims must be in the approved form and certified by, or on behalf of the Accounting Officer.

See Corporate Leadership Group – Terms and Conditions Exclusions in Documents.
 

Note: Regulation C27 is blank.

With effect from 1 August 2005, the overriding maximum hourly rate for overtime is removed and payment for hours worked in excess of conditioned hours, Monday to Saturday inclusive, will be as follows:

* Details of the current rates are given in Annex C2(i)

Notes

a) Civil servants in overtime grades who are required to work overtime on a Saturday, Sunday or Public Holiday are also eligible for a premium payment for attendance on these days in accordance with Regulations C38 to C44.

b) Although the ATCO 3, ATCO II (obsolete), SATE and ATE 1 grades on the staff of the Airports Division of the Department of Infrastructure are not in overtime grades, in accordance with the Joint Negotiating Committee Agreement relating to Civil Aviation Authority linked staff dated 27/06/05, these grades will be entitled to claim overtime at plain time rate for hours worked at the request of the Airports Division in excess of conditioned hours where:

1. the additional hours are essential for operational reasons
2. the period of attendance in excess of their normal rostered hours is for a continuous period of not less than 3 hours - except as in (iii) below
3. they are recalled to duty and work for less than 3 hours but qualify for the minimum credit of 3 hours under the provisions of Regulations C33-C36 or
4. any period worked is after 9.45 pm (local time) when there is an evening extension of the airport opening hours.

c) Shift workers Shift workers, as defined in the Shift Disturbance Allowance Agreements (see Annex C5 and Annex C5(i)), other than those civil servants in the Airports Division detailed in Regulation C28(b):

1. who are in a pay span not eligible to receive overtime or premium payments and
2. whose shift roster includes overtime, weekend, and/or bank holiday working

will be paid overtime and premium pay at the appropriate rate for civil servants in Overtime Band 2.

See also terms and conditions for new starters and promotions

Last Amended - Amendment No 09-025 - Previous Amendment No. 08-033

See Corporate Leadership Group – Terms and Conditions Exclusions in Documents.

Excess Hours worked Monday - Friday

At the discretion of the department, civil servants in overtime grades may if they wish, be allowed time off in lieu of payment for overtime; but they should not be compelled for any overtime hours worked from Monday to Friday.

Excess Hours worked Saturday/Sunday and Public/Bank Holiday

When civil servants are required to work overtime on a weekend or on a Public/Bank Holiday, they should be paid at the appropriate overtime rates, but time off in lieu may be granted as an alternative to payment.

If time off in lieu is granted as an alternative, only the number of excess hours worked can be taken as time off in lieu - there is no enhancement as the grant of time off in lieu means that the civil servant has not worked in excess of their normal conditioned hours. Civil servants who wish to take time off in lieu instead of overtime pay, may claim premium pay in accordance with Regulation C40 for all actual hours worked.

Last amended 23 January 2009 - Amendment No. 08-036

Note: Regulations C30 - C31 are blank.

The calculation of overtime payments is based on the pay and allowances of the civil servant concerned (excluding allowances in lieu of overtime or for night duty, for shift disturbance, house, clothing, lodging, travelling and subsistence or similar out of pocket expenses).

Hourly plain time rates of overtime should be calculated to the nearest 0.10 pence as follows:

Annual Salary ÷ ( 37 (hours) x 52.2 (weeks) ) = Plain-time rate

See Corporate Leadership Group – Terms and Conditions Exclusions in Documents.

C33 Calls out (unexpected return to work)

A call out occurs when a civil servant is called upon unexpectedly to return to duty for a short period (less than 3 hours). It does not apply to a civil servant given advance notice that they will be required to work overtime.

Last updated: 21 July 2008 – Amendment Ref. 07-023

C34 Calls out for less than 3 hours

When a civil servant is called out to work, outside of normal hours, for less than 3 hours:

1. if the attendance begins within 3 hours of normal starting time, or ends within 3 hours of normal finishing time, the attendance should be treated as though it were continuous with normal duty (ie as if no break had occurred) or
   
   
2. if the attendance begins more than 3 hours before normal starting time, or ends more than 3 hours after normal finishing time, a minimum 3 hour credit should be counted towards overtime even though the work may have taken less than 3 hours.
   
   

C35 Additional credit hour

When a civil servant is unexpectedly called out (whether or not they are in receipt of an on-call allowance) and the work exceeds 2 hours, a credit of one hour in addition to the hours worked will be allowed.

36 Multiple calls outs

Two or more calls out during a spell of on-call duty would not entitle a civil servant to greater credit than if the attendance had been continuous (ie as if no break had occurred from the beginning of the first period of call-out to the end of the second).

See Corporate Leadership Group – Terms and Conditions Exclusions in Documents.

Note: Regulation C37 is spare.

C38 Premium payment for attendance on Saturday, Sunday or bank/public holiday

Civil servants, (except those who are not eligible to premium payments under the terms of their appointment), who are eligible to claim overtime, shall be paid a pensionable premium for any hours worked on a Saturday, Sunday or Bank/Public Holiday whether within, or in excess of, conditioned hours.

C39 Additional premiums

This premium will be paid in addition to:

1. Basic pay - for civil servants working within conditioned hours or
2. Overtime pay - for civil servants working in excess of conditioned hours
3. Shift disturbance and night duty allowance

subject to the overriding maximum set out below:

• i) civil servants in Overtime Band 1 - Point 27 of the IOMCS Pay Spine
• ii) civil servants in Overtime Band 2 - Point 33 of the IOMCS Pay Spine
  
  

See Corporate Leadership Group – Terms and Conditions Exclusions in Documents.

40 Rates of premium pay

In all cases, premium pay will be calculated in relation to an individual's basic pay plus any allowance reckonable for overtime purposes (see Regulation C32), but will be subject to the overriding maximum hourly plain time rate appropriate to the civil servant's grade for premium pay purposes as set at Regulation C38. The rates of premium pay are as follows:

• Saturday - Half the plain time rate
• Sunday - Plain time rate
• Bank/Public Holidays - Plain time rate

subject to a maximum payment of double time (calculated at the civil servant's plain time overtime rate) for hours worked (including hours in excess of conditioned hours) on a Saturday, Sunday or Bank/Public Holiday.

41 Premium pay based on actual hour worked

Where the attendance at work attracts a minimum overtime or call-out credit (see Regulation C33), any premium pay will be calculated on the actual hours worked, not on the notional hours used to calculate overtime payment.

42 Premium pay for Pay Span 7

Civil servants in Pay Span 7, who are required to attend on a Saturday, Sunday or Bank/Public Holiday are eligible to receive premium pay under the provisions of these Regulations.

The maximum hourly plain time rate applicable to grades in Overtime Band 2 should be used for the purposes of calculating the premium pay.

When the hours of attendance are in excess of conditioned hours civil servants should, wherever possible, be granted time off in lieu equivalent to those excess hours in addition to the premium payment for them.

43 Time off in lieu of premium pay

Time off in lieu may not be granted to any civil servant as an alternative to premium pay. However, time off in lieu may be granted for any hours worked in excess of conditioned hours as an alternative to overtime pay in accordance with Regulation C29.

44 Bank / public holidays

When Christmas Day, Boxing Day or New Year's Day fall on a weekend and a substitute Public or Bank holiday is declared these provisions should apply to both the original and substitute dates.

See Corporate Leadership Group – Terms and Conditions Exclusions in Documents.

Note: Regulation C45 is spare.

Civil servants who, as part of their normal conditioned hours, are on duty on a privilege holiday, (including those on external training courses), may be allowed an alternative holiday in lieu. If this cannot be granted, no additional payment should be made.

See Corporate Leadership Group – Terms and Conditions Exclusions in Documents.

Provided their pay does not already include an element for on-call commitments, civil servants who are eligible to claim overtime may claim on-call allowances at the rates set out in Annex C2 if they satisfy the following conditions:

1. On-Call - Home Payable to a civil servant who has a specific rostered commitment to remain continuously and immediately available for recall to duty, at home, outside their normal conditioned hours.
   
   
2. On-Call - Radio Pager or Mobile Telephone Payable to a civil servant who has a specific rostered commitment to remain continuously and immediately available for recall to duty by means of a radio pager or mobile telephone outside their normal conditioned hours. Civil servants issued with radio pagers/mobile telephones may move around freely, subject to remaining in range of the equipment and being available to return to work quickly, if required.
   
   
3. Other Call Out Arrangements (DHSC, MUA, DOI, DFE, DHA and Customs & Excise) Other arrangements may be made by the IOM Civil Service Joint Negotiating Committee for the call-out arrangements for certain groups of civil servants.

Current agreements which already have alternative provisions are as follows:

Details of the Agreements relating to the above can be found in Annexes C2(ii) to (ix) and C2 (xvi) and the current rates of these allowances can be found in Annex C2 .

Please see Annex C3 - C22 for other allowances agreed.

Notes

On-call Allowances exclude commitments which enable the civil servant to leave their home after reporting where they may be contacted and those which involve a liability to attend work in an emergency only if the civil servant can be contacted.

No allowance will be paid to civil servants who use radio pagers/mobile telephones during normal duty hours eg to complement on-site communications.

Last updated: 15 November 2012 - Amendment No 12-034

Shift Disturbance Allowance is payable to those civil servants who are eligible to receive it in accordance with the Agreement dated 9 August 1984, as amended, a copy of which is at Annex C5. A separate agreement for Customer Service Technicians in the Operations Centre at the Water Authority can be found at Annex C5(i).

See Corporate Leadership Group – Terms and Conditions Exclusions in Documents.

Night Duty Allowance is payable to those civil servants who are eligible to receive it in accordance with the Agreement dated 9 November 1984, as amended, a copy of which is at Annex C6.

See Corporate Leadership Group – Terms and Conditions Exclusions in Documents.

Last updated: 21 July 2008 – Amendment Ref. 07-028

The rates of subsistence and out-of-pocket allowances in respect of absences from, and within the Island, are as approved by Tynwald from time to time. Reference should be made to the relevant Government Circulars and the Guidance Notes issued by the Treasury.

Note: Regulation C51 - C52 are spare.

The mileage allowance rates for a civil servant using their own motorcar or motorcycle on official business are as stated in the Payment of Members Expenses Act 1989 which Tynwald issues from time to time. Reference should be made to the relevant Government Circulars for the current rates of the allowance. The approved measured distances for various locations on the Island are attached at Annex C7.

Claims for mileage allowance should be rounded up to the nearest full mile.

A civil servant who wishes to claim mileage allowances, shall, when required by their Accounting Officer, produce written evidence that they are insured against all third-party claims arising out of the use of their private vehicle on official business, in such amount that the Accounting Officer considers sufficient.

The cost of daily travel between a civil servant's home and their normal place of work is their own responsibility. The only exception to this will be where a civil servant, using their own motor vehicle, is required by their Accounting Officer to return to duty for a period additional to their normal working hours.

In the case of a shift worker, this means an attendance additional to that for which they are rostered (including a civil servant in receipt of on-call allowance or qualified by such attendance for overtime payment or credit). A civil servant, in this instance, will be eligible to claim travelling allowance at the appropriate rate, as detailed in C53, for the return journey between their home and the place where the additional duty is to be undertaken.

If a civil servant begins an official journey from home and/or ends it by returning home, the time taken on the normal home to office and/or office to home journey should be deducted from the time spent in travelling on the official journey. The time spent on home/office journeys in respect of additional attendances outside normal working hours does not qualify for travelling allowance where advance notice of the requirement to return to work has been given.

Before authorising the additional attendance and the payment of travelling allowance, the Accounting Officer must satisfy themselves that the work to be done by the civil servant is necessary and is incapable of being done by the civil servant at any other time.

Note: Regulations C55 - C56 are spare.

Travelling Time is any time spent on official travel (whether within the Island, in the UK or further abroad) outside of conditioned hours. Time spent travelling within conditioned hours is counted as work and paid accordingly, but it is not classed as travelling time.

Travelling Time outside of conditioned hours is not eligible for overtime payments and should be calculated from the time of leaving home/office/hotel/college (subject to the provisions of Regulations C60 to C62) to the time of arrival at home.

For civil servants on flexible working hours the conditioned hours is the 'standard day' for the purposes of calculating excess hours.

Only those civil servants who do not receive any other form of payment for official travel outside conditioned hours can claim travelling time. It cannot be claimed where the civil servant is:

1. regarded as being at work while travelling (eg messengers) or
2. where regular travel is part of the normal duties and a condition of service

The Public Services Commission may make alternative provisions, after consultation with the Government Officers' Association, in respect of travelling time for such grades.

See Corporate Leadership Group – Terms and Conditions Exclusions in Documents.

Note: Regulation C58 - C59 are spare.

Civil servants claiming travelling time should normally be granted time off in lieu based on the number of hours which would qualify for travelling time under the provisions of this Section.

However, Accounting Officers may authorise payment to civil servants in overtime grades at the plain time rate set out in Regulation C28. With effect from 1 August 2005 the maximum hourly rate applicable to travelling time for grades in overtime band 2 is removed.

See Corporate Leadership Group – Terms and Conditions Exclusions in Documents.

Time spent travelling at Weekends and on Bank/Public/Privilege holidays does not qualify for any enhancement in the number of hours granted as time off in lieu or the number of hours reckonable for payment at the plain time rate.

 See Corporate Leadership Group – Terms and Conditions Exclusions in Documents.

Where a civil servant works longer than their conditioned hours and also travels:

1. the extra working hours are added to the total of their weekly working hours for overtime purposes; (this does not apply where the civil servant is attending a training course - see Regulation C67b), and
   
   
2. the time spent travelling will qualify as travelling time
   
   
3. no period of time qualifies for payment of both overtime and travelling time
   
   
4. travelling time of less than half an hour on any one day will not qualify for time off in lieu or payment. Travelling time of half an hour or more on any one day should be aggregated with any other such periods falling within the same working week.

Where a civil servant is called upon unexpectedly to return to work and qualifies for a credit for Call Out under Regulations C33-36, the time spent travelling to and from work will qualify as travelling time only where:

1. the time spent at work exceeds the minimum hours credit or
   
   
2. the time spent at work is less than the minimum credit but the total hours worked plus the travelling time exceeds the minimum credit. In such cases travelling time of the total time spent travelling and at work, less the minimum credit, should be granted.

For Example:

See Corporate Leadership Group – Terms and Conditions Exclusions in Documents.

Note: Regulations C63 to C65 are spare.

Eight hours should be deducted from the time spent on any journey:

1. where there is an overnight delay and sleeping accommodation is provided as part of the itinerary or because of travel delays or
   
   
2. on which a sleeping berth is occupied.

See Corporate Leadership Group – Terms and Conditions Exclusions in Documents.

Civil servants in non-overtime grades do not qualify for paid travelling time. However, where possible, time off in lieu should be granted to civil servants in non-overtime grades who travel outside their conditioned hours.

A) Excess hours

Any time spent in excess of conditioned hours on a training course will not attract any extra payment.

A civil servant attending an external training course on a Saturday, Sunday, recognised rest day, Public or Bank holiday, may be permitted to take an alternative holiday in lieu. If however, this cannot be granted, no additional payment should be made.

B) Travelling time during training courses

Civil servants in overtime grades (see Regulation C28 - Overtime pay) attending internal and short full-time and part-time external training courses (but not long full-time courses, sandwich courses and bursaries at colleges and universities) may be allowed travelling time.

Travelling time may be claimed for the time actually spent travelling from leaving home/hotel/college to arriving at home/hotel/college, in excess of conditioned hours for the journeys at the beginning and end of the course in accordance with the provisions of Regulations C57-62. Where a civil servant chooses to make visits home during a training course in accordance with Regulation C67(c), these journeys will not qualify for travelling time.

C) Home visits during training courses

A civil servant who is required to attend a training course away from the Island which exceeds three weeks in duration, should be allowed a home visit at fortnightly intervals at public expense under the following conditions:

1. the payment of subsistence should be suspended during the period of the home visit
   
   
2. the home visit will not affect the daily rate of subsistence payable, which should be based on the daily rate applicable to the full period of the course and
   
   
3. the civil servant will be personally responsible for ensuring that by returning home, they are not absent from any part of the training course (except where the civil servant is delayed due to circumstances beyond their control and the Accounting Officer is satisfied with the reason given)
   
   
4. travelling time cannot be paid for Home Visits made under this Section