HELP! Does your "on call" pay count toward 40 hrs?

canesdukegirl, BSN, RN · Oct 21, 2010

Anything over 40 hours at my hospital is considered OT. If I go home 2 hours early one day and then get called in that night, it isn't OT until I make up that 2 hours.

LDR-RN · Oct 21, 2010

So, even if you come in on call on Monday, and then you work three in a row, on the 4th day after 40 hrs, you get time and a half? We are sitting here getting ready to pursue this further. A hospital across town has gotten back pay checks on this. We are getting excited!

Reno1978, BSN, RN · Oct 21, 2010

Where I work, we can sign up for "extra shifts" before the schedule is finalized if there's any holes. Basically, it's a guaranteed shift where we come in and work our 12 hours and we're paid overtime after we hit 40 hours in our workweek. If no one signs up for "extra shifts" the holes in the schedule then become "premium shifts" in which we're on-call for the entire shift and paid $5/hr while waiting to be called in, but double-time for any hours worked. These are still productive hours that count towards overtime pay.

For example, during a week I work a premium shift on Monday 12 hours (2x pay) and then three 12 hour shifts later in the week. I'd get paid 12 hours at 2x pay, 28 hours at my regular rate of pay, and 8 hours overtime pay (1.5x pay).

LDR-RN · Oct 21, 2010

What state do you work in and hospital? We're all highfiving and can't wait to get out back checks! We do NOT get paid OT on that 4th day when we are over 40 hrs. Our HR dept. tries to act like this is seperate from coming in "on call". Thanks for the feedback, anyone else out there let us know how it works for you.

Reno1978, BSN, RN · Oct 21, 2010

Now, if we're sitting at home collecting $5 on call, those hours do not count towards productive time / hours worked. So if I spent Monday on call for 12 hours, I'd still have to break 40 hours in my work week of time in the hospital to get OT pay.

I forgot also that we do have "call back" pay for shifts that we voluntary accept low census and get called in that are paid at a rate of 1.5x. Our premium or call back pay is not cumulative with OT pay. So we wouldn't get OT on top of premium or call back.

It sounds like you're getting screwed, to be honest.

LDR-RN · Oct 21, 2010

Okay, let me see if I am understanding you correctly. If you have the premium shift at beginning of week you get 2x for 12 hours then regular pay for 28 hours and then 1.5 x for 8 hours. However, if you're premium shift falls on the 4th day of the week, then you just get the 2x? Is that correct? So you don't get an additional 1.5 for being in OT?

Reno1978, BSN, RN · Oct 21, 2010

No, the pay breakdown is still the same. If the premium is on that 4th day, and let's say I make $30/hr base pay, I'm not going to be making $90/hr for anything over 40, I'll still make $60/hr for the entire shift. However, 8 hours still end up being calculated at OT pay for the week since I've worked over 40. The two don't compound, or pyramid together, does that make sense? Basically, they'll compute hours in the middle of the week as OT pay if you end your week working a shift that's already guaranteed 1.5x or 2x pay.

Reno1978, BSN, RN · Oct 21, 2010

Bless our payroll person, this gets confusing!

BluegrassRN · Oct 21, 2010

At my hospital, we have two types of on call time...

If you come in and get regular pay, then yes, once you hit 40 hours a week, you get paid overtime.

BUT, if you come in on call and receive what's called premium pay, where you get time and a half, then NO, it does NOT count toward your 40 hours, nor does it count towards benefits accrual (PTO, etc).

The reasoning is this: the premium pay scale is a different category of hours, by designation. It is a guarantee that you do not get called off later in the week, because you aren't in overtime. If I come in extra, messing up my life to do so, and then later in the week during my regularly scheduled hours they cancel me, what is the incentive for me to sign up for extra work?

The premium pay is expensive, though, so most managers won't offer it. If they call me and ask me to come in extra, I always ask "Are you offering me premium pay?" If they say no, I say "Sorry. Call me back if you are desperate enough, and I'll come in." I usually receive a call back.

LDR-RN · Oct 21, 2010

Bluegrass, I think the labor laws state that anything over 40 hrs, is considered OT. It's not a different job, so I think coming in on call should count toward those 40 hours. You are getting paid how I am getting paid. I don't think it's right. Apparently lots of hospitals in the US are in trouble and having to pay their employers back pay checks for up to 2 years for this sort of thing.

Scarlette Wings · Oct 21, 2010

let me know how it works at your hospital. i am scheduled 36 hours weekly. if i have a call day and come in, i get paid time and a half. my question is, lets say i come in on monday "on call" and then i work three days in a row. on that 4th day, should i get paid time and a half once i am past my 40 hours? i think i should. i think that the call day shouldn't be counted as "seperate". i think legally it should be included in my 40 hours. how does it work at your hospital? please help, me and my coworkers really think that we are being cheated!

the best place to check for the answer would be to call your human resources people and ask them what the policy is for your place of employment. it can be dependant on how pay periods are done and time is configured and hr would be able to tell you the specifics. if you work in a small facility and are concerned about confidentiality tell hr you are speaking to them in confidence. at least this way you can know what the precise way they figure payscale at your facility and if it is unfair, the labor department is always just a phone call away.