ESP Staff and Working Excess Hours

If you are authorised to work for time in excess of what you are ordinarily paid for, it is likely that you are entitled to claim overtime or Time off in Lieu (TOIL). “Authorised”  means a verbal or written requirement to undertake the work.

For example:

QUESTION:I am a part-time (5 hours a day) TA working with a student who has Special Needs. After being told that unless I attended a planned Camp, the student or his class would not be able to participate, I agreed to go. I was away from home from Tuesday to Friday. Am I entitled to any additional payments? I am paid $20.00 per hour.

ANSWER: The short answer is YES!

Overtime or Time off in Lieu (TOIL)

If your attendance at the Camp was required, you are entitled to Overtime or TOIL in the same way as you are entitled to be paid each hour for your work. Overtime or TOIL is provided when you are required to work more than your normal hours each day. The fact is that the student or the class could not go on the Camp if you did not attend. While attendance may not be compulsory, if the camp, which is part of your school’s program, was to occur, your presence was required.

The Award says that when you are required to work more than your normal hours each day, you should be paid 1.5 times your normal hourly rate of pay for the first 3 hours and then 2X  your normal pay for any additional time until you are given a break.

Unless you are clearly told that from a specific time you have no responsibility for the care of a student or the class at the Camp, pay should continue until you are given a break from responsibility for a period of at least 8 hours. This could mean that you should be paid 2X your normal hourly rate of pay for all the hours you attended Camp.

TOIL

Instead of being paid Overtime for the 72 hours you were at Camp, you could take paid time off for additional hours you worked if you and the employer (Principal/SEO) agree to this. However, if it is not possible to take that leave (which in your case could be over 14 of your 5 hour days) within 28 days (5.6 weeks) then you should be paid the Overtime.

Camp Allowance

Any employee who attends a Camp is entitled to a payment of $44.55 for each night: in your case, for the three nights you should be paid 3 X $44.55 = $133.65.

References & further information