I work in a department with three others. We each work 40-hour Mon-Fri work weeks, plus we must be on call every fourth weekend, during which we may or may not have to come in to work. We could potentially work 12 days straight under this arrangement; in fact, we often do.
Now, one of the four is leaving. It will take at least six months before someone new is hired and trained sufficiently to work the on-call weekends. In the meantime we are likely expected to be on call every *third *weekend.
We are going to propose that we will take call every third Saturday, leaving Sundays uncovered. I’m not sure if The Man will go for this, I’m pretty sure we will meet some resistance.
My question revolves around the fact that none of us “signed up” for every third weekend.
Are there any labor laws that might pertain to such a situation?
(Note: the extra days are paid overtime, so that is not the issue)
(Also note: I acknowledge that I am fortunate to even have a job these days)
Well, you don’t say what the job is, but given that there are going to be three of you around on weekdays, is it possible that the person on call for the weekend can take Fridays and/or Mondays off and let the other two cover? Apparently it only takes one person to cover the job on weekends.
legally I would guess it depends on what it says in your contract. If you aren’t in a good union though (or don’t have a good lawyer), you are pretty much powerless. Without proper representation, your boss can sack you because he/she doesn’t like your face.
I would consider you pretty unfortunate to live in a society which calls people fortunate just for being able to meet their basic needs. Everyone who wants/is able to work should have a job.
If you are an at-will employee, no, there’s prolly nothing you can do except try and get him to agree to your terms; if he wants to set terms unilaterally, you can quit if you don’t like them.
If you are a union member and have a contract, you prolly have some recourse; you should talk to your Steward and/or your Business Rep.
You can use the FMLA laws to your advantage here ( that is if you qualify - generally you have to work for 12 months before you qualify). Ask your doctor to recommend that say every Friday you need to attend therapy sessions or something for your mental health since you are overworked and anxious. Then file for FMLA - you can take all Friday’s off (unpaid) for up to I think around 60 Fridays.
Employer will break the law if he fires you for this.
I think it really does depend on where you are. I would suggest you start with your state labor board. Even if you are getting overtime, there may be limits to how many hours you can be asked to work within a certain timeframe.
Since it is paid overtime you might want to check with the others in your department and see if anyone actually wants to work those hours. You might have someone there who is desperately trying to save up the money to pay off debt or fix up the house or something and would gladly take a couple extra shifts for a few months.
But, if the department is already shorthanded one employee, likely meaning more work even during normal hours, even if they can hold the fort down until a fourth is hired, is he really willing to drop another person? The boss could still be a prick, but it seems to me even a halfway decent boss would realize that burnout is something to be aware of and ought to be at least a little negotiable about how to address the issue until a replacement is hired.
Either way, check your contract and check your local laws. I know that, at least here, they’re legally required to pay extra for anything over 40 unless you’re salaried, and I don’t think they can force you to work over 40 if you’re not salaried either. If you are salaried though, pretty much all bets are off.
mmm, where are you? Many states have labor laws that offer more protection than federal law. Many don’t.
Unlikely, especially if the OP doesn’t request that his workload/hours be reduced first. As a general (US) rule, adverse work conditions do not result in constructive termination period.
Bear in mind that employers can require FMLA applicants to have a second medical opinion before certifying a leave as FMLA eligible and that employers can require re-certifications every thirty days. Medical exams to obtain FMLA certification are paid for by the employee.
Probably falsifying medical records shouldn’t be your first choice, but it’s your life.
Why not just approach your boss and let him/her know that the situation is not to your liking and you will be looking for a different job if things do not change?
I have a similar situation to yours. Under our current staffing, I’m on call every other weekend. I’m salaried, so I don’t really get any compensation for the hours worked while on call. Over the years, it’s been as good as once every five weeks, for a few dark months, I was on call the whole time.
I don’t know of any remedies you have other than politely expressing your displeasure to your employer. I think the potential for a unhappy employee to leave is implied, and you don’t have to expressly state it. Alternately, if you are given the latitude I am given, you can decide what does and does not merit a response while on-call. When I was on call all the time, the bar was set pretty high, and multiple customers would have to be affected before I’d do anything other than tell support to open a ticket. Insufficient staffing is their problem, not mine.
Do any of the work time rules you are under mention “needs of the business?” I’ve seen that as a restriction on vacation, for example. If they do, you might be stuck, especially since you are getting paid. But your state might have different rules and your contract and HR regs might have different rules.
BTW, you are not as lucky to have a job as you used to be. (Depending on your level of education.) A few years ago there were six people for each open job - today the number is less than 2. Of course it depends on where you live.