Q: Regarding 5C.F.R Part 5551--On call status--what is considered a resonable distance from the job for on call status?
S suspervisors wants to order us to remain on-call to ensure that we are available for problems on the job. She considers 1 hour away as too far and wants to limit our travel on weekends
A:
If employees are on-call elsewhere, you must pay them for those hours over which they have little or no control and which they cannot use for their own enjoyment or benefit. There are some accepted rules in this area, but typically, the greater the amount of constraints that are placed on an employee, the more likely it is that he or she should be paid. These are some of the more common grounds for determining whehter someone is entitled to on-call pay:
1. How many calls an employee gets while on call: The more calls an employee has to respond to, the more likely he or she is entitled to pay, particularly if any of the calls require the employee to report to work or give advice or guidance over the phone.
2. How long an employee has to respond after a call: If you require employees to report in immediately after being paged, for example, they have a better argument that they should be paid for their time.
3. Where an employee can go while on call: Employees who must stay within a limited distance from work are more likely to be entitled to compensation.
4. What employees can do while on call: If you set a lot of rules for on-call workers, such as a ban on alcohol or a requirement that they respond quickly and in person to calls (which can be difficult if the employee is out running or taking the kids to school), you may have to pay for this time.
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