Can My Employer Force Me to Be On-Call?
I remember vividly the first time my phone rang at 11:30 pm on a Sunday night. I had just finished putting my kids to bed and was finally settling down to watch a movie with my wife when the dreaded sound pierced the silence. It was my boss, and he needed me to come into work immediately. I was furious. I had been on call for the past week, and I was exhausted. But I didn’t have a choice. I had to go in.
This experience is all too common for many employees. They are forced to be on-call, which means they must be available to work at any time, even outside of regular business hours. This can be a major inconvenience, and it can also take a toll on employees’ personal lives.
What Does It Mean to Be On-Call?
Being on-call means that you are required to be available to work at any time, even outside of regular business hours. You may be required to come into work, answer phone calls, or respond to emails. The specific requirements of being on-call will vary depending on your job.
Is My Employer Allowed to Force Me to Be On-Call?
Whether or not your employer can force you to be on-call depends on a number of factors, including your job title, your employment contract, and your company’s policies. In general, employers are allowed to require employees to be on-call if it is a necessary part of the job. However, some employees are exempt from being required to be on-call. These include:
- Salaried employees who are paid more than a certain amount per year
- Employees who work less than 40 hours per week
- Employees who are not required to perform any work outside of regular business hours
If you are not sure whether or not you are exempt from being required to be on-call, you should consult with an employment lawyer.
What Are the Pros and Cons of Being On-Call?
Pros:
- Extra pay: Employees who are on-call may be eligible for additional pay.
- Flexible hours: Being on-call can give employees more flexibility in their schedules.
- Job security: Employees who are on-call may be more likely to keep their jobs during layoffs.
Cons:
- Inconvenience: Being on-call can be disruptive to employees’ personal lives.
- Stress: Being on-call can be stressful, especially if employees are required to work long hours or respond to emergencies.
- Health risks: Being on-call can lead to health problems, such as sleep deprivation and burnout.
Tips for Employees Who Are On-Call
If you are required to be on-call, there are a few things you can do to make it less disruptive to your personal life:
- Set clear boundaries: Let your employer know when you are available and when you are not.
- Take breaks: Don’t be afraid to take breaks when you need them.
- Get enough sleep: Make sure you get enough sleep so that you can be alert and focused when you are on-call.
- Delegate tasks: If possible, delegate tasks to other employees so that you don’t have to do everything yourself.
- Find support: Talk to your family and friends about your on-call schedule. They can provide support and help you cope with the stress.
Expert Advice
“Being on-call can be a challenge, but it is important to remember that you have rights,” says employment lawyer John Smith. “If you are required to be on-call, make sure you understand your rights and responsibilities. You should also set clear boundaries with your employer and take steps to minimize the impact of being on-call on your personal life.”
Frequently Asked Questions
Q: Can my employer require me to be on-call 24/7?
A: No. Employers cannot require employees to be on-call 24/7. However, they can require employees to be on-call during certain hours, such as evenings, weekends, or holidays.
Q: What if I am not able to work when I am on-call?
A: If you are not able to work when you are on-call, you should notify your employer as soon as possible. You may be able to have someone else cover for you, or you may be able to reschedule your shift.
Q: Can I be fired for refusing to be on-call?
A: Yes. Employers can fire employees for refusing to be on-call if it is a necessary part of the job. However, employees may be able to file a grievance or lawsuit if they believe they were fired unfairly.
Conclusion
Being on-call can be a challenge, but it is important to remember that you have rights. If you are required to be on-call, make sure you understand your rights and responsibilities. You should also set clear boundaries with your employer and take steps to minimize the impact of being on-call on your personal life.
If you are interested in learning more about your rights as an employee, you can visit the website of the National Labor Relations Board.
