Published
Did they say why it was illegal?
Flagged for age discrimination, most likely. I've seen other members comment the same thing.
At my facility, no one is exempt from call. Doesn't mean they actually spend time on call- many are able to find coverage from other staff (usually involving a "gift" of a bottle of wine or 6 pack of beer). Another local facility exempts from call after 35 years of service- that avoids the whole age discrimination thing because it isn't tied to age, even though those with 35 years of service are going to be older.
Did they say why it was illegal?
Because it was based on age. At the time it was based on retirement age, so you can see this has been in effect for years. We have talked to HR about having a seniority based system instead but were told that that too implied age. Just wondering if others have a call system based on seniority
TTaylor123
3 Posts
We are, as a department, looking to revamp our on-call policy. We were recently told that our current policy is illegal. Our current policy was at 59.5 years of age, you didn't have to take call if you chose not to. Evidently after years of this being in place, we were told it was illegal. Many people who have been here years were looking forward to this, but now it is unavailable. How do any of you out there base your on call policy? Years of service, plus age? Seniorty? Any ideas? How are your policies written?