CALL OUT & MAKE UP DAYS in NJ...? IS IT MANDATORY OVERTIME?

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If we call out sick on a Friday, Saturday or Sunday we are required to "make up the day". This is common and I'm ok with this. Although... the "make up day" is then an extra added on day to another week... So instead of working my normal 3 day /12 hour shift, I am asked to work a "4 day" / 12 hour shift week. I feel this may be Mandatory Overtime as it pushes me over 40 hours? Is this incorrect or was the "day off" I had (although paid) not really counted since I was not really there working? Basically I feel they should have me make up the Friday, Saturday or Sunday but then drop one of my regular week days as this pushes me into overtime. Thanks for any help.

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The practice of paying overtime only after 80 hours in a bi-weekly pay period is illegal since each workweek must stand alone. For non-exempt employees, covered employers must pay the Federal minimum wage and time and one half the regular rate of pay for time worked over 40 hours in a workweek.

Fact Sheet - Wage and Hour Division (WHD) - U.S. Department of Labor

Fact Sheet - Wage and Hour Division (WHD) - U.S. Department of Labor

It appears that they owe you overtime.

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Specializes in Psych.

Yes it is overtime (or should be) but I don't think it's considered like being Mandated is

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It's not mandated but it is overtime. Any time over 40 hours a week in a single week for an hourly employee is overtime pay. Are you considered an hourly employee?

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Do you not have PTO time to cover your sick days?

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Specializes in Medsurg/ICU, Mental Health, Home Health.
The practice of paying overtime only after 80 hours in a bi-weekly pay period is illegal since each workweek must stand alone. For non-exempt employees, covered employers must pay the Federal minimum wage and time and one half the regular rate of pay for time worked over 40 hours in a workweek.

Fact Sheet - Wage and Hour Division (WHD) - U.S. Department of Labor

Fact Sheet - Wage and Hour Division (WHD) - U.S. Department of Labor

It appears that they owe you overtime.

That information concerns construction workers.

My former institution followed the 80hours/2 week rule as 12 hour employees would work six 12s and an 8 per pay period. There is no way to do that without having one week 44 hours, the other 36. I don't believe there exists a law concerning this on the federal level for nurses.

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This is just another time when I don't see WHY it is mandated to make up the day later. HELLO management! Our bodies don't care what day of the week it is. If we are SICK, then we are sick. We don't like being ill on a Saturday any more than a Wednesday.

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Specializes in Critical care.
This is just another time when I don't see WHY it is mandated to make up the day later. HELLO management! Our bodies don't care what day of the week it is. If we are SICK, then we are sick. We don't like being ill on a Saturday any more than a Wednesday.

I actually don't have a problem with making up a weekend day. My old unit would schedule the nurse to fill a weekend hole during the next schedule period if they called out on a Saturday or Sunday (they'd still only be scheduled for their 36 hours). There was one nurse in particular on my unit who I know called out sick when not really sick (they admitted to it) several times on a weekend shift because they wanted off. It irritated me, but at least I knew they'd have to make that Saturday up in 6-12 weeks. Only weekend shifts had to be made up at a later date.

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It's not mandated but it is overtime. Any time over 40 hours a week in a single week for an hourly employee is overtime pay. Are you considered an hourly employee?

Thanks for your response. Yes, I am considered an hourly employee. Yes, as well on the the PTO time -- we have plenty. As for myself, I never really call out ... but the other nurses do here and there which is absolutely fine and acceptable. I feel making us work an "extra day" on a whole other pay period is a violation per the New Jersey Mandatory Overtime Law. We are understanding that we need to make up the "Friday or Saturday" but not by adding on another day on a whole other pay period.

Also for the make up day, "they call us as needed"... they then add that day onto our regular 3 day a week schedule. One young nurse said I have my mother-in-law watch my little girl and having her do it four days in one week is a lot. Again, it pushes us into overtime that we do not agree upon -- it is not voluntary.

Mandatory Overtime | CWA 1

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I actually don't have a problem with making up a weekend day. My old unit would schedule the nurse to fill a weekend hole during the next schedule period if they called out on a Saturday or Sunday (they'd still only be scheduled for their 36 hours).

Me too... I absolutely agree with you. I work for a larger institution but I'm a little off-set building near/next to them. We are a LTC/nursing home. When I ask nurses at the hospital, which is only a good stone's throw away, (and that we are fully connected with in every way), they said exactly what YOUR saying -- You work the next Saturday but they drop a work week day. This is why I'm feeling some wool pulled over our heads.

One day recently I began coping they NJ Mandatory Overtime Form that is required to be hanging in our facility -- it's by the time clock with a bunch of other NJ laws. I copied it and passed it out as I wanted others to read it over and see if they also felt we were being a little shistered. Would you believe I got a call at home from the DON saying she wanted to me with me about the "problems I had with the PPL/call out policy"... she sounded pretty angry too... said also I was defacing the walls the locker room... (I guess with a thumb tack when I hung one up). I played dumb/clueless about the form but she insisted that we were going to meet... said insubordination if I didn't. She had me so worried I call the large HR at the hospital... The HR lady there was some AVP... she said she'd give the DON a call and see what it was about. In the end the HR lady called me back from the hospital, she was all calm and nice, "Go to the meeting, it will be fine. Said afterwards give her a call to say how it went". So I go, after working my shift, and the DON was just as sweet as sugar pie. She smiled, didn't want to talk anything about the form -- wouldn't even speak it's name. She was like smiling as much as she could through her grinning teeth. Here the HR lady from the hospital must have said leave this girl be as she is perfectly in her legal right to copy the form, hang it up in the locker room, nurses lounge or other and that she (the DON) better not let me know I'm there or being harassed about it as it's probably some big law violation. Meeting was quick, she didn't want talk much after not being able to ream me for stirring the pot with this form. In any event, I still don't know if holds true to my setting... so now I'm back on the wagon here to find out what the law is on this.

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