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on call question

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  • on call question

    the problem with the guidlines in the portal to portal act in the fsla as to call out time, the terms used is not definitive as it refers to "the employees time to be used effectively for his own purpose". Now exactly what does that mean? NOTHING.... However, looking further into the Illinois statutes is there anything more definitive that that? It's all argumentive, as my definition of using my time effectivley for myself, is much not going to be the employers definition. Our worksite is not coming up with a program that states you have to leave a contact number for them to reach you on your days off. If they call you, you have 30 mins. to call them back, if you don't they may take corrective actions against you. If you do call back you have 2 hours to show up to work, ready, dressed and ready to go to work. My time effectivly means My work schedule is such so I know when my days off are. I work 12 hour schedules and one week I work 5 days with 2 off in the middle and the following week I only work the 2 days in the middle. So if Im off Fri. through Mon. evening, and would like to take my family camping, or visiting realitives 10 hours away, I can't do that. I can't even go mow my grass without having to check the answering machine every 30 mins. to see if they call. I can't make dr. appts. etc. So how is my time of freedom of work being used effectivly on my off days? IT ISN'T. But unless we get the law change to make it definitive I think we are screwed. Any leagal beagles want to wheigh in on this. And also corolate the Statutes in Section 785.16 as to the definition of off duty is when in fact if your on call and tied to a phone call how that can be considered off duty? It states that you are not off duty until you are told in advance when you are relieved of duty and given a specific time you return to work. Otherwise use of your effective time to yourself is jepordized.

    Last edited by cbg; 03-27-2008, 03:10 PM.

  • #2
    [QUOTE=imabiggles;857879]a couple of considerations.

    one day off in seven work rule applies. Short summary: You can not work 7 days a week,(on call does not count for this rule, but called in does). Exceptions apply.

    Arn't companies allowed to just apply for waiviers and they can exceed the 7 days? And do the companies pay to the state for those waivers?



    • #3
      So what do you want us to tell you? Yes, the "on-call" rules are vague and subjective. Currently, they are what they are. In my experience, the your situation would not be considered compensable.

      BTW, here is the actual law.

      Notice it says "24 consecutive hours" off. That means, if you were called in on Saturday at 3 p.m. and worked until 5 p.m., you could not be required to work again until 5 p.m. Sunday. I agree that, since your on-call time would not, IMHO, be hours worked, that time would not be hours worked for the 7-day rule as well.
      Last edited by Pattymd; 03-28-2008, 03:11 AM.
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      • #4
        One day rest in 7 act

        I suppose that sect. 2 article 2 would exempt most employees from this act. At least thats what the Employer would claim.



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