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  1. #1
    Join Date
    Feb 2012
    Posts
    4

    Default Part Time LPN is Being Forced to Be on Call or Quit

    I am working part time a an LPN at an Assisted living facility. When I was hired there was no mention of being on call. Recently the salaried DON had to actually come in and cover 2 shifts, after this incident now she decided that all Nurses on staff have to take a week on call, which makes us on call once every 6 weeks for the whole week for the hours between 7am and 11:30pm. (which covers 1st and 2nd shift). I am unavailable for the 2nd shift part of the on call schedule and I have mentioned this to the DON. I have 3 children under 10, and my parents are in Germany and my husbands parents live an hour and a half away, so I do not have babysitting possibilities. The DON's response was:"If you can't handle being on call, you better look for another job" Also there i no compensation planned for the on call time and should we have to handle phone calls we will not be paid and if we have to come in to cover a shift we will be paid our normal hourly wage. I am located in Ohio and would like to know if there is any law that covers on call work. Thank you very much for your time and attention.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Part Time LPN is Being Forced to Be on Call or Quit

    There is no law that prohibits your employer from requiring you to be on call periodically, even if there was no mention of it at hire. The only related law is that IF you are a non-exempt employee (which you probably are as an LPN) you have to be paid for any time that you are ACUTALLY WORKING. This will sound harsher than I mean it to, but your child care issues are not your employer's problem.

    The above remains true regardless of which US state you are in (we ask for a reason). Whether or not you will be eligible for UI if you lose your job over this will depend on your state. I assume that you are in the US?

  3. #3
    Join Date
    Sep 2011
    Posts
    437

    Default Re: Part Time LPN is Being Forced to Be on Call or Quit

    Your child care issues are not your employer's problem. If they want to require all LPN's and/or RN's to be on call periodically, they can.

    Also there i no compensation planned for the on call time and should we have to handle phone calls we will not be paid and if we have to come in to cover a shift we will be paid our normal hourly wage.

    1. You must be paid for all time actually worked, and that includes any phone calls you handle while on call.
    2. You need not be paid anything more than your normal hourly wage if you are called to come in and cover a shift unless you're into overtime (typically anything over 40 hours in a 7-day payroll week; exceptions are allowed for certain industries, such as medical care, where OT can be computed based on a 14-day payroll period.) If you're asking whether the employer is required to provide premium pay simply because you're called in to work a shift, the answer is no.

  4. #4
    Join Date
    Feb 2012
    Posts
    4

    Default Re: Part Time LPN is Being Forced to Be on Call or Quit

    Whoop I am sorry... Yes I am in Ohio and actually my complaint was that I would not have accepted or applied for a job where I cannot be available for the required hours. It really bugs me that the employer can change the requirements for the job that drastically and possibly fire me for my inability to cover the 2nd shift.

    Thank you for the advice, I really do appreciate the time you spend to answer my questions

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Part Time LPN is Being Forced to Be on Call or Quit

    Unless you have a legally binding an enforceable contract or CBA that specifically says otherwise, your employer can change the requirements of the job no matter where in the US you are. That's simply a factor of working in the US.

  6. #6
    Join Date
    Sep 2011
    Posts
    437

    Default Re: Part Time LPN is Being Forced to Be on Call or Quit

    Yes I am in Ohio and actually my complaint was that I would not have accepted or applied for a job where I cannot be available for the required hours. It really bugs me that the employer can change the requirements for the job that drastically and possibly fire me for my inability to cover the 2nd shift.

    Understood but things change, as obviously happened with your employer.

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