Questions and Answers on Circular 11/2013
Revision of working hours and flexible working arrangements for civil servants
Additional Hours
What additional hours do civil servants have to work?
The standard working hours of civil servants will increase as follows:
Those with a working week of 35 hours or less (net of rest breaks) will increase to a
minimum of a 37 hour week. Those with a working week that is greater than 35 hours but
less than 39 hours (net of rest breaks) will increase to a 39 hour week Working hours of
those currently with a net working week of 39 hours or greater will remain the same.
When will this be implemented?
Civil servants will be required to work the first additional 2 hours and 15 minutes from 1 July
2013. Any remaining liability will be implemented from 1 July 2015.
Does every civil servant have to work these additional hours?
Any civil servant that is not already working a 39 hour (net) week will have to work additional
hours. Subject to 4 and 5 below, the option is left open for a time for an individual civil
servant to stay on their current hours of work with an appropriate pro rata pay reduction
having discussed hours of attendance and the period for which it may be retained with
management. However, this option will, in general, only be facilitated up to 30 June 2014
unless otherwise agreed with management. Any civil servant who chooses this option will
be deemed to be on a worksharing arrangement and will be subject to the rules governing
the Worksharing Scheme including those in relation to annual leave and pension
adjustments.
Can staff currently availing of a 50 per cent worksharing pattern opt to remain on their
current hours i.e. move to a pattern that is less than 50 per cent?
There is a provision in the Haddington Road Agreement that no new worksharing pattern of
less than 50 per cent should be approved. This is reiterated in paragraph 7 of Circular
12/2013.
Can staff participating in the Shorter Working Year Scheme opt to remain on current
hours?
Staff who are (a) participating in the Shorter Working Year Scheme in 2013 and (b) have
availed of administrative arrangements for the payment of part of basic salary during the
period of special leave cannot avail of the option to remain on current hours until the end of
the year, given the specific salary arrangements applicable in their case, unless otherwise
agreed with management.
What happens after 30 June 2014?
Three months prior to 30 June 2014, individuals who have opted and received approval to
work reduced hours for reduced pay must opt to either (a) commence working the required
number of additional hours or (b) make an application to continue working an agreed
worksharing pattern under the Civil Service Worksharing Scheme.
Will civil servants get any additional leave for working these extra hours?
No. There is no additional annual leave entitlement associated with these additional hours.
What are the revised hours of attendance?
The normal attendance period for the majority of civil servants will be 37 hours (net) per
week. For these civil servants, the normal attendance period will be:
Monday to Thursday – 9.00 a.m. to 5.45 p.m.
Friday – 9.00 a.m. to 5.15 p.m.
Lunch-break is one hour and 15 minutes daily
For those not on 37 hours net per week, adjustments will need to be made to the above
attendance period by local management.
What are “accumulated hours”?
Flexibility in the use of the additional hours may be required by management to meet
business needs. For example, management may opt to ask staff to “accumulate” the
additional hours by working a shorter week over a particular period and building up hours
that can be used to cope with peak work requirements in another period, including outside of
normal attendance periods/days.
Hours will be accumulated and used on a daily, weekly or annual basis in order to meet the
organisation’s business need.
Saturday is not a normal working day, in the context of accumulated hours, but it could, in
certain circumstances and with consultation, be used to meet the requirements of peak
periods. There are no circumstances in which a requirement to attend on Sunday will arise,
other than in accordance with overtime or other arrangements.
Accumulated hours – workplace consultation
Accumulated hours will only be introduced in an organisation following consultation.
Management expect to be in a position to identify peaks and troughs in their business at the
start of the calendar year. In any event, workplace consultations will start at least eight
weeks before any changes are made to attendance patterns.
The local consultation will deal with arrangements around accumulated hours including
issues such as the number of flexi periods that will be used to accumulate hours, the number
of flexi periods these accumulated hours can be used over and the number of hours that will
be accumulated. Agreement shall be reached in these consultations on the maximum hours
to be accumulated and the period(s) over which they will be worked.
For example, where the standard working week is 37 hours (net) it is expected that the norm
will be that shorter hours will be worked over two consecutive designated flexi periods (i.e.
over 8 weeks) and then used over another two consecutive designated flexi periods (i.e.
over 8 weeks). Alternatively, the longer periods may be worked first followed by the shorter
periods. It is also expected that the norm will be that the maximum number of hours to be
accumulated and then used at a later date will be eight.
If agreement on the use of the accumulated hours cannot be reached in any particular case,
the binding dispute resolution provisions of the Haddington Road Agreement will be used.
Accumulated hours arrangements – pilot and review
Any arrangements in relation to accumulated hours will be introduced on a pilot basis initially
and reviewed after a period of six months in operation. This review will encompass the
impact of the arrangements on the work/life balance issues for the staff involved.
What additional hours apply to cleaners in the civil service?
Cleaners that are engaged on a full time basis, i.e. previously 34 hours 45 minutes a week,
will be required to work an additional 2 hours 15 minutes per week as is the case with all civil
servants working these hours. They will now work 37 hours per week.
Cleaners working less than 37 hours per week will be required to work an additional 5
minutes for every two hours in a shift.
Flexible Working Arrangements (Flexitime)
How does this impact on flexitime?
The current flexitime system will be subject to the following amendments:
Daily hours will increase to 7 hours and 24 minutes (from 6 hours and 57 minutes).
Half day (morning) will increase to 3 hours and 42 minutes (from 3 hours and 30 minutes)
Half day (afternoon) will increase to 3 hours and 42 minutes (from 3 hours and 27 minutes)
Weekly hours will increase to 37 hours (from 34 hours and 45 minutes)
Flexi period hours will increase to 148 hours (from 139 hours)
I am an Assistant Principal (AP). Will I have access to flexitime?
Flexitime will continue to be generally available only for staff up to Higher Executive Officer
(HEO) grade and its equivalents in the Civil Service, as appropriate.
Assistant Principal (APs) and their equivalents in the Civil Service who, on 30 June 2013,
have access to flexitime will retain access to this arrangement on a personal to holder basis
for as long as they remain in the AP/equivalent grade and are employed in an organisation
that allows APs/equivalents access to flexitime.
Is there any change to flexi leave?
With effect from 1 July 2014, the maximum amount of flexi leave allowed in any flexi period
is one day.
Is there any change to the number of hours that can be carried over from one flexi
period to another?
No. There is no change to the existing number of hours to be carried over.
Is any change being made to the existing core time bands?
It may be necessary in a particular workplace to amend the core time bands to reflect the
additional working hours and to meet business needs. However, the introduction of any
changes to core time bands will be subject to detailed consultation at workplace level.
The flexi period in my Department spans June (where a day is 6 hours 57 minutes)
and July (where a day is 7 hours 24 minutes) and I have carried over 6 hours 57
minutes for a day’s flexi leave. Can I take a day’s flexi leave in the next flexi period?
As a once off transitional arrangement, if a flexi period started in June and you carry over at
least 6 hours 57 minutes into the next flexi period, you will be allowed to take a day’s flexi
leave in the next flexi period. The day the flexi leave is taken your flexi clock will be credited
with 6 hours 57 minutes. As you will be required to work 7 hours 24 minutes per day from 1
July your flexi clock for that day will be minus 27 minutes.
Example
Flexi period commenced on Monday June 10 and ends on Friday July 5.
Staff may have worked up a period of 6 hours and 57 minutes in the previous flexi period
(which ended on Friday June 7) in order to take a flexi day in the week commencing 1 July.
As the new flexi arrangements take effect from 1 July, a day in the week commencing 1 July
will increase in time from 6 hours and 57 minutes to 7 hours and 24 minutes.
Therefore, a person who carried forward 6 hours and 57 minutes would not have sufficient
flexi hours in order to take the flexi day’s leave.
However, as a once off transitional arrangement, the person should be allowed to take the
day’s flexi leave. The person’s flexi clock will be credited with 6 hours 57 minutes resulting
in minus 27 minutes for that day in the context of being required to do 7 hours 24 minutes.
I was on a 9 to 3 worksharing pattern. How can I work up the additional hours?
In relation to the 9 to 3 worksharing pattern, the hours for the morning and afternoon are set
out as 3 hours 42 minutes for the morning and 1 hour 43 minutes for the
afternoon. Flexibility around these hours, where flexitime is available, and core hours have
been agreed locally in Departments according to business needs. This arrangement will
continue. Core and flexi bands in place prior to 1 July will either remain unchanged or, if
changes to the core times are required to facilitate the additional working hours required for
this worksharing pattern, changes will be negotiated locally between the relevant parties.
I am on a 9 to 3 worksharing pattern Can I still work up a day and a half (am) flexi
leave?
In order that employees on a 9-3 worksharing pattern can continue carrying over enough
flexi hours to take a day and a half (morning) flexi leave, a carry over of 9 hours 10 minutes
will be allowed, on a ring fenced basis. This concession does not create a precedent for
other worksharers who did not have access to this arrangement prior to 1 July 2013.
I am working a 3 day week pattern. Can I still work up a flexi day?
In order that employees on a 3 day week can continue carrying over enough flexi hours to
take a flexi day, a carry over of 7 hours 30 minutes for those on 60% patterns will be
allowed, on a ring fenced basis. This concession does not create a precedent for other
worksharers who did not have access to this arrangement prior to 1 July 2013
General
The Union that represents my grade is not covered by a collective agreement
registered with the Labour Relations Commission. Does this Circular apply to me?
Yes. This Circular applies to all civil servants. There are, however, a number of provisions
that will not apply to grades that are not covered by a registered collective agreement
including:
Phased introduction of the additional working hours (i.e. you will have to work all additional
hours from 1 July 2013)
Option to remain on current hours for a period (i.e. you will have to work your full hours from
1 July 2013)
Agreement on accumulated hours (staff will be consulted but agreement will not be required)
Pilot and review of the use of accumulated hours for your grade will not be conducted
APs and their equivalents will not retain access to flexitime.