On-call - page 2
Our dept. has adopted an on-call system due to recent staffing shortages, increased volume and acuity. Does anybody have any magic advice on how to make this more acceptable to the staff? What has... Read More
Nov 26, '04Occupation: Staff Nurse, Educator Specialty: emergency nursing-ENPC, CATN, CEN ; Joined: Jun '04; Posts: 237; Likes: 52Quote from bergrenNow that's interesting.. ..A coworker was disciplined for leaving the premises during the 30 minute unpaid lunch. The next day the US Labor Relations Board phoned the hospital and stated that if not paid, they cannot restrict personnel to premises.
(tucks that one away for future use ) :wink2:
Nov 26, '04Joined: Nov '04; Posts: 111; Likes: 7If they tell you what your can't do, they have control. So go ahead, don't drink, no problem. Miss a few beeps, maintain they must have called the wrong number. I'm sure there's some old burnout acting as H/S that can respond. When the're involved in a code, the H/S mostly just stands around looking concerned anyhow.
Are you getting minimum wage for call, driving time in and out? If not, you aren't on call, or your hospital is in violation. I've seen it said that someone must have dropped their pager somewhere in a parking lot.
Dec 19, '04Joined: May '02; Posts: 82; Likes: 142What about salaried workers--I am a crna on salary; currently not required to be inhouse but the administration is thinking of changing that. We do not get any additional compensation for callouts. Will that change if we are required to remain inhouse all nite?
Dec 19, '04Joined: Nov '04; Posts: 111; Likes: 7Quote from sweetnepentheI think salaried workers are exempt unless other arrangements are made. However, see what their deal is, and check the law in your state and fed concerning all this........CWhat about salaried workers--I am a crna on salary; currently not required to be inhouse but the administration is thinking of changing that. We do not get any additional compensation for callouts. Will that change if we are required to remain inhouse all nite?
Dec 19, '04Joined: Jun '02; Posts: 246; Likes: 9[QUOTE=Crumbwannabe]Hi
Maybe your union steward doesn't know or care. It is a federal labor law. If you are not free to use on call time as you please, including staying within a certain perimeter, refraining from having a few beers, et.c., you must be paid at least minimum wage for each hour. And you must be paid regular or overtime wage for commuting time when on call. But not normal day to day commuting.
Nope, sorry but this information is wrong. The test is not simply whether or not the employee is "free to use call time as you please". Rather, it is whether restrictions are present which result in the employee's inability to effectively use the time in question for personal pursuits.
As you might suspect the "effectively use" phrase is subject to interpretation; as such over the years the courts have provided guidance in that regard. Basically, if you are free to do most things (watch TV, mow the lawn, go to sleep etc.) then you aren't working on call so you don't need to be paid minimum wage for those hours. You are regarded as not working but on call and can be paid at a lesser rate. The courts have been clear in several cases regarding beer/alcohol consumption; sadly, they have come to the conclusion that a restriction on drinking does not prevent effective use of the time on call.
There is also no requirement that an employee who is on call must be paid for commuting time back to their normal place of employment. Now if an employee is on call after their normal work day, and they are called out on an emergency and they must travel a substantial distance to get to the site of the emergency----yes, then the portal-to- portal law applies. But at this point this isn't required to get to their normal workplace. Now that is NOT to say some entities do not pay portal-to-portal under such circumstances----only that it is not required.
This brings me to the the most important question of all, since I do not want to receive any cautions from our fine hosts: Under the circumstances am I permitted to comment that the original poster's advice was....Crumby.... :chuckle ? (Sorry, couldn't resist that; Forgive me?)
Dec 20, '04Joined: Jun '02; Posts: 14,179; Likes: 59,385Quote from cbin my old hospital we had mandatory ot. you signed up to be available but weren't called in unless you wee needed. if you were called in, you got time and a half; plus it counted as a float on the float list. if you got called in before the shift started, you got first pick of the patient assignments. if you got called in after the shift started and thus had no choice in assignment, you got first pick the next time you worked. people were signing up for more than their mandatory 12 hours per six weeks in hopes they'd get credit for a float. floating sucked in that place! and that way, no one got called in to take care of the chronic patient who had been sitting in our icu for six weeks!our dept. has adopted an on-call system due to recent staffing shortages, increased volume and acuity. does anybody have any magic advice on how to make this more acceptable to the staff? what has worked or not worked for you? this has been a very bitter pill to swallow for our staff.