Education support staff, don’t get ripped off on overtime and time in lieu

Education Support members, stay informed about your rights and entitlements for overtime and time off.

The introduction of time in lieu for teachers under the current Victorian Catholic Agreement has highlighted ES entitlements in many schools. However, it has also caused some confusion, as the entitlements for teachers and ES staff are fundamentally different.

Key points to keep in mind:

Time in lieu only applies by mutual agreement. Education Support employees and School Services Officers should by default be paid at overtime rates for any additional hours they work. ES receive a 33% loading on overtime work, while SSOs have a variety of different loadings depending on the timing of the work.

Time in lieu is to be taken at a time that is mutually agreed.

ES and SSO employees cannot be directed to acquit their time in lieu at a particular time. If a time in lieu balance is not acquitted within four weeks of accrual, the employee can on request have it paid out.

If there is no meaningful, relevant, safe and appropriately supervised work for an ES or SSO employee to undertake on a particular day (for example on a school closure day), they should be directed not to work on this day and should not be required to ‘pay’ for this out of a time in lieu balance.

What’s ok:

Employees being given the option of using accrued time in lieu to take time off where a school can demonstrate that there is meaningful, relevant, safe and appropriately supervised work for ES / SSO employees on a school closure day or after students have finished for the year.

What’s not ok:

·         ES/SSO staff being told that they must accrue time in lieu

·         Schools creating irrelevant ‘busywork’ for staff who do not wish to use time in lieu on particular days

·         Schools directing staff not to work and deducting hours from time in lieu balance without genuine agreement.