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

[GRAB1]

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.

[GRAB1]

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.

I apologize, I can provide more info. They are most likely if not definitely paying us overtime after the 40 hours aka time and a half. I'm sure of it. 36 + 12 = 48 ... we are forced really to work 8 hours overtime. It's also counted as a separate week and not a combined bi-weekly deal. The problem is they are mandating that we work a 4 day work week for a call out when we don't want to work an extra day. I'm fine with working whatever day they want as a make up... but they are basically adding on another day which is saving them $5/hr. in extra bonus cash they pay others who volunteer or sing up to work an extra day.

[Jedrnurse, BSN, RN]

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.

You really don't know why they do this? Because some people have a tendency to use sick time to go to weekend social events- not 'cause they're sick. Management wants to discourage this. Additionally, weekends can be/usually are at minimum staffing and one sick call can have a big effect...

[saskrn]

You really don't know why they do this? Because some people have a tendency to use sick time to go to weekend social events- not 'cause they're sick. Management wants to discourage this. Additionally, weekends can be/usually are at minimum staffing and one sick call can have a big effect...

If an employee has become a problem due to excessive/chronic calling in, her/his behavior should be addressed and they should be terminated, if needed.

IMHO, the problem of chronic absenteeism should be treated on an individual basis, not through punitive policies that affect the entire unit.

[Jedrnurse, BSN, RN]

If an employee has become a problem due to excessive/chronic calling in, her/his behavior should be addressed and they should be terminated, if needed.

IMHO, the problem of chronic absenteeism should be treated on an individual basis, not through punitive policies that affect the entire unit.

I agree. Often times, however, management takes the easiest route. A blanket policy is less work than keeping up with individual attendance records and implementing progressive discipline.

[MunoRN, RN]

The language of New Jersey's mandatory overtime law for nurses sounds similar to states where I've worked, and in those states this would be a violation of the mandatory overtime law, even if the mandated shift doesn't put you over 40 hours per week since it is outside of your normal schedule. Here's New Jersey's FAQ on the law which includes a contact number to ask for clarification.Mandatory Overtime | CWA 1

[JBudd, MSN]

If an employee has become a problem due to excessive/chronic calling in, her/his behavior should be addressed and they should be terminated, if needed.

IMHO, the problem of chronic absenteeism should be treated on an individual basis, not through punitive policies that affect the entire unit.

this!

If I use my sick leave, it is up to me. I do not have to "make up for it", I used my personal time off. People with a pattern, deal with them. Don't punish me for the lack of work ethics of someone else. Don't know your job market, but I wouldn't want to work for such a punative place.

Union!!

[NuGuyNurse2b]

this!

If I use my sick leave, it is up to me. I do not have to "make up for it", I used my personal time off. People with a pattern, deal with them. Don't punish me for the lack of work ethics of someone else. Don't know your job market, but I wouldn't want to work for such a punative place.

Union!!

HA! we have a union and we have the same weekend makeup policy in place. The thing is, it's really there to curb the behavior of calling out on a weekend. If you do it once or even twice in a whole year, it's not going to be an issue. management rarely follows up to make sure you make up the weekend. But if you're doing it every month when you are every other weekend, you will be spoken to.

[Kooky Korky, BSN, RN]

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

Likely she does. Her employer, though, punishes people for calling off on a weekend.

OP, check with your state or the federal Department of Labor for a definitive answer.

[NurseSpeedy, ADN, LPN, RN]

You really don't know why they do this? Because some people have a tendency to use sick time to go to weekend social events- not 'cause they're sick. Management wants to discourage this. Additionally, weekends can be/usually are at minimum staffing and one sick call can have a big effect...

If staff tend to call off when not really sick then that's an issue management should be taking up with their employees. I wouldn't mind making up the day as long as I wasn't forced to take on a 4th shifts. The presentation of a doctors note should be proof enough.