Some employees by the nature of their jobs are eligible for on-call and/or callback pay. Generally, this policy applies to all employees except those employees whose positions require emergency response on a daily basis (e.g. public safety employees, commissioners, division directors and other managers).
The following are some definitions pursuant to this policy.
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At work – Employees are at work when they have arrived at their normal work area, their designated work area, or to an area where they pick up an urban county government vehicle, and begin to perform work.
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On-duty, away from work – Employees are on-duty, away from the workplace when they are required to wait at a particular location or by a telephone, where their freedom is restricted to a very limited area and they are unable to conduct personal business. These hours constitute hours worked.
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On-call – Employees are on-call when they are away from their normal work area and are not performing work-related duties, but have been designated to respond under certain conditions, or they have been issued a mobile/cellular phone, beeper or radio to which they shall respond if called. Generally, these employees are free to conduct personal business and engage in normal off-duty activities within the general geographic area in which they live and within the designated response radius. On-call employees, whether exempt or non-exempt receive a flat rate of $10 per day, Monday – Friday, and $15 per day on weekends and holidays.
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Callback – Due to emergencies or other unforeseen conditions, all employees are subject to call back to work whether or not they have been designated as “on-call”. Employees who are able to return to work shall be compensated for all hours worked, beginning at the time they leave for work, by pay (for non-exempt employees) or applicable comp time (for exempt employees). These employees are considered off-duty unless an employee is called and is able to return to work.
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Off-duty – Employees are completely off-duty and not subject to any provisions of this policy when they have completed their normal workday and they are released from work without any specific direction requiring them to respond to any after-work emergency.
Employees who are designated to be on-call shall be the first persons contacted to respond to urban county government emergencies or other situations requiring their presence at work. Other employees may be contacted and required to return to work in order to meet the needs of the urban county government.
Employees who are called back to work during non-scheduled work hours shall be compensated for a minimum of two hours with pay in the case of non-exempt employees or with comp-time, in the case of exempt employees. Travel time in response to the callback is considered work time and is included in the minimum two hours provided by this policy. If an employee returns to work, completes the assignment within the two-hour minimum and is then called back to work again within the original two-hour period, the employee will receive no additional compensation. If the work assignment extends beyond the initial two-hour period, the employee will be compensated for all actual hours worked.
Employees who are called back to work for a second time after the expiration of the initial two-hour period shall be eligible for an additional two-hour minimum pay. Again, if the work is completed within the two-hour period, but they are called back before the two hours expires, employees will not be eligible for additional compensation.
Reference:
CAO Policy 31: On-Call and Call Back Policy
Effective Dec. 6, 2021
Previous version: April 16, 2018