On-Call or Emergency Callback policy

Human Resources Policy: HR 07 09

A. Purpose: The purpose of this policy is to provide additional compensation and/or compensatory time to employees in positions designated as on-call or emergency callback status.  These employees shall be compensated with on-call pay and/or compensatory time as appropriate based on classification.  Section H of this policy provides definitions that are helpful in gaining a better understanding of this policy.

B. Scope: Employees subject to the State Personnel Act (SPA) who are designated as on-call and emergency callback and who have been approved for and notified in writing of this status.

Position selection is based on sound business need, as compared to labor market practices, as determined by divisional management at the University who shall:

  • Select job classes and/or individual position numbers that are subject to on-call and/or emergency callback, and
  • Submit such position number lists to the University Director of Human Resources for approval. 

C. Policy: The policy of the University of North Carolina at Pembroke is to provide additional compensation or compensatory time to designated SPA employees who are required to serve in an on-call or emergency callback status and/or who are called back to the work place or who must respond from home via telephone/computer.  On-call time is not considered as working time for overtime purposes. The employee is free to engage in personal pursuits during any portion of the on-call shift; such personal pursuits should not restrict the employee from returning to work and/or responding via telephone/computer in a timely basis. The procedures and guidelines for On-Call/Emergency Callback shall be applied consistently to ensure fair and equitable treatment of all employees.  

Administrative and management personnel are not eligible for compensation for on-call and emergency callback status.

D. Responsibilities: The Chancellor and Vice Chancellors are responsible for determining overall priorities concerning on-call and emergency callback status of employees in a fair and consistent manner.

Financial Manager (FM) is responsible for identifying job classes and individual positions that should be designated as on-call/emergency callback and submit a list to the appropriate Vice Chancellor.  

Employees are responsible to be available as designated for on-call hours and to report back to the campus as required to respond to emergency callback situations.  Employees are to keep adequate records of their on-call and emergency callback hours and report such hours on the Employee Self-Service Timesheet on a monthly basis.

The Director of Human Resources/EEO Officer, or designee, is responsible for ensuring that the policy is administered on a non-discriminatory basis and all necessary components are in place for an effective policy.

E. Procedures:

1. Financial Manager is responsible to review and/or approve employee’s on-call and emergency callback hours as reported on the Employee Self-Service Timesheet. 2. The Director of Human Resources/EEO Officer, or designee, will:

  • Maintain a list of job classifications/position numbers eligible for on-call and/or emergency callback pay including rates paid for on-call.
  • Submit a copy of the classification and position number list to the Office of State Personnel (OSP).
  • Forward an updated list to OSP when a job classification or position numbers are added or when a rate changes.
  • Notify employees in writing of his/her on-call and emergency callback status and expectations, along with on-call pay rate and effective date, and any program changes or new pay rates.
  • Administer the On-Call/Emergency Callback policy in conjunction with other related HR policies, providing consultation and oversight of all program areas including communication, employee and manager training, and program evaluation.
  • Submit a report of employee’s on-call hours to Payroll for processing in the following paycheck.   

3. Employees are to report on-call and emergency callback hours on the Employee Self-Service Timesheet within the payroll deadline. 

F. On-Call/Emergency Callback Guidelines: Employees designated as On-call/Emergency Callback are subject to the following:

  • Upon emergency callback notification, travel to the worksite and time actually worked shall be included in hours worked for determining compensatory hours. Management shall determine a reasonable time for which preparation and travel to the worksite shall be compensated.  Mileage travel expense shall not be paid to employees traveling back to the work site in response to an emergency callback.
  • Employees returning to work shall receive a minimum of two hours compensation as time off for each occasion of callback.  Callback time which is not worked does not count toward determining overtime.  The remainder is paid at straight time. For example, if travel and task completion take one hour, that hour may be subject to overtime compensatory time. The second hour is recorded as straight compensatory time, and is coded as \"Callback Time -- Not Worked.\" If call-back time is more than two hours, the employee is compensated for actual time worked.
  • Employees responding via telephone/computer shall receive a minimum of 30 minutes as time off for each occasion of callback.  If more than one callback occurs within a given shift, total callback time cannot exceed two hours unless the work time exceeds two hours.
  • If the time on callback is more than the two hour minimum, the employee shall be compensated with compensatory time off hours for the actual time on callback, subject to FLSA provisions.
  • Time worked as emergency callback must be subtracted from the scheduled on-call hours.  Emergency callback ends when the work is completed.
  • Return travel from the job site to home is not compensated.
  • Employees whose work continues following the end of the regularly scheduled hours of work are not eligible for emergency callback.  However, any hours worked are considered an extension of the work week and could be subject to overtime provisions (if over 40 in a work week).
  • Shift pay, holiday premium pay and overtime pay (or compensatory time off at time and one-half or straight time as appropriate by FLSA exemption status) shall be received in addition to on-call pay, if applicable.
  • On-Call and callback is not part of the annual salary set for a specific classification title and/or position. 
  • FLSA exempt employees are not entitled to additional compensation for on call or for reporting back to work after regular hours.  Exceptions may be made with the advance approval of the Office of State Personnel.  Exempt employees working more than 40 hours per week should refer to UNCP’s Wage and Hour Policy POL 05.02.02.

G. Compensation: On-Call Rates are determined by the Office of State Personnel based on survey data of prevailing practices in the applicable labor market. Current rates are as follows:

Pay Rate

Occupation

$3.00 per hour

Medical and Health Information Technology Operations and Skilled Trades

$2.00 per hour

Administrative and Managerial Information and Education Human Services Law Enforcement and Public Safety Institutional Services Engineering and Architectural Natural Resources and Scientific

 

If the above is not applicable to the work schedule, compute on a pro-rata basis. For example: A 12-hour on-call shift would be a $24.00 payment ($2.00 per hour based on classification). An entire week (128 hours), not including regular 40 hour work week, would equal a payment of $256.00. 24 hrs.x 7 = 168 hrs - 40 hrs work week = 128 hrs. x $2.00 on-call pay = $256.00.

The following shows examples for a week in which overtime is worked:

Employee’s hourly rate = $13.00 On-call rate approved by OSP = $2.00

Example No. 1 – All emergency callback occurred during on-call hours

On-call hours-----------------------------8 (Sunday – 8:00 a.m. – 4:00 p.m.) Hours emergency callback-------------4 (Called back at 10:00 a.m.) Hours on-call to be paid----------------4 (On-call minus 4 hrs callback)

$13 x 40 Regular hours                                            =  $520.00 $2 x 4 hours (on-call)                                               =  $    8.00  Total Wages Earned                                                    $528.00 

+ Total Compensatory Time Earned (4 hours x 1.5) = 6 hours

Example No. 2 – Part of emergency call back occurred during on-call hours

On-call hours----------------------------8 (Sunday - 8:00 a.m. – 4:00 p.m.) Hours on emergency callback--------4  (Called back at 3:00 p.m.) Hours to be paid on-call---------------7 (8 hrs minus 1 hour callback)

$13 x 40 Regular hours                                            =  $520.00 $2 x 7 hours (on-call)                                               = $  14.00    Total Wages Earned                                                 $534.00

+ Total Compensatory Time Earned (4 hours x 1.5) = 6 hours

Example No. 3 – Less than 2 hours emergency callback

On-call hours---------------------8 (Sunday - 8:00 a.m. – 4:00 p.m.) Hours on emergency callback--2 (Called back at 1:00 p.m.; worked                                                          1 hour and 30 min.) Hours to be paid on-call---------6 (8 hours minus 2 hours minimum callback)

$13 x 40 Regular hours                                            =  $520.00 $2 x 6 hours (on-call)                                               =  $  12.00  Total Wages Earned                                                     $532.00

+ Total Compensatory Time Earned (2 hours x 1.5) = 3 hours

Example No. 4 – Includes Shift Pay

On-call hours----------------------8 (Sunday - 3:00 p.m. –11 :00 p.m.) Hours on emergency callback---4 (Called back at 5:00 p.m.) Hours to be paid on-call----------4 (8 hours minus 4 hours callback)

$13 x 40 Regular hours                                            =  $520.00 $2 x 4 hours (on-call)                                               =  $    8.00 Shift ($13 x 8 x 10%)                                               =  $  10.40 Total Wages Earned                                                     $538.40

+ Total Compensatory Time Earned (4 hours x 1.5) = 6 hours

H. Definitions:

On-Call – is when an employee must remain available to be called back to work on short notice if an emergency callback need arises to call into campus and/or report back to campus.

Emergency Callback – is when an employee has left the work site and is requested to respond on short notice to an emergency work situation to:

  • avoid significant service disruption,
  • avoid placing employees or the public in unsafe situations,
  • protect and/or provide emergency services to property or equipment, or
  • respond to emergencies with faculty, staff and students.

Emergency callback may involve either:

  • going back to work or
  • responding via telephone/computer.

I. Separation: Callback time accumulated as compensatory time that has not been taken off as compensatory leave shall be paid to employees upon separation.