On-Call and Emergency Callback Pay
It is the policy of the State of North Carolina to provide additional compensation to employees who are required to serve in on-call status and/or who are called back to work. Management should carefully weigh the costs and benefits of alternatives before authorizing on-call or emergency callback pay. Reasonableness and fairness shall be exercised in administering this policy.
SHRA On-Call and Emergency Callback policy
CSS On-Call and Emergency Callback policy
On-Call is compensation for an employee who must remain available to be called back to work on short notice if the need arises. (If an employee must remain on University property or so near that time cannot be used freely, it is not considered on-call time but is recorded as work time.) Employees shall be notified in advance in writing of being subject to on-call and, to the extent practicable, emergency callback. On-call compensation must be in the form of pay or paid time off, as described below.
East Carolina University’s on-call rate of pay:
- $1.25 for SHRA positions
- $1.50 for CSS positions
- $2.00 for Skilled Trade/Facilities positions
Emergency Callback is compensation for an employee who has left the work site and is requested to respond (either by returning to work or by responding by telephone or computer) on short notice to an emergency work situation in order:
- To avoid significant service disruption; or
- To avoid placing employees or the public in unsafe situations; or
- To protect and/or provide emergency services to property; or equipment; or
- To respond to emergencies with students, clients, inmates, patients, or residents.
SHRA Non-Exempt Employees
Eligibility
Permanent SHRA Non-Exempt employees (including probationary) are eligible for on-call/emergency call-back compensation and must be paid either on-call time as it is earned or receive paid time off.
SHRA Exempt employees are not eligible for on-call or emergency call-back compensation.
Temporary SHRA Non-Exempt employees are eligible for on-call/emergency call-back compensation if working in a classification that has been approved for on-call/call-back compensation. We advise limiting the use of temps in this role. They are not eligible for the compensatory time provision of the on-call policy.
On Call
If an FLSA Non-Exempt employee works overtime during a week in which s/he receives on-call pay, the on-call pay rate must be included in the employee’s regular pay rate for calculating the overtime pay rate. However, the time spent in on-call status is not included for determining hours for overtime eligibility (with the exception of those hours for which the employee receives emergency callback pay).
Leave time and on-call time cannot overlap (this does not include holidays). Example: during a 24-hour period, an employee may be on vacation for 8 hours and be on call for no more than 16 hours in that day.
Emergency Call-Back
Employees whose work continues immediately following the end of their regularly scheduled hours of work are not eligible for callback pay; the time is considered regular work time.
Employees required to return to work shall receive a minimum of two hours paid time for callback at the employee’s hourly rate. If the time on callback exceeds two hours, the employee shall be compensated for all hours worked on callback.
Employees responding via telephone/computer shall receive a minimum of 30 minutes as paid time at the employee’s hourly rate for each occasion of callback. If more than one callback occurs within a given shift, total callback time cannot exceed two hours unless the time actually worked exceeds two hours.
Time actually worked, and travel time to the worksite, shall be included in callback hours worked for determining employee compensation, including overtime, if applicable. Management shall determine a reasonable time for which preparation and travel to the worksite shall be compensated. Travel time away from the worksite will not be compensated.
Shift pay, holiday pay, and overtime pay shall be received in addition to emergency callback pay, if applicable.
Emergency callback pay must be included in calculating the employee’s regular rate for overtime pay.
CSS Exempt and Non-Exempt Employees
Eligibility
Permanent and Temporary CSS Exempt and Non-Exempt employees (including probationary) are eligible for on-call/emergency call-back compensation and must be paid either on-call time as it is earned or receive paid time off. However, on-call pay does not apply to exempt administrative or management personnel.
Employees returning to work shall receive a minimum of two hours compensation as time off or additional pay at the straight-time rate of pay for each occasion of emergency callback. Employees responding via telephone/computer shall receive a minimum of 30 minutes as time off or additional pay at the straight-time rate for each occasion of emergency callback.
On Call
If a CSS Non-Exempt employee works overtime during a week in which she/he receives on-call pay, the on-call pay rate must be included in the employee’s regular pay rate for calculating the overtime pay rate. However, the time spent in on-call status is not included for determining hours for overtime eligibility (with the exception of those hours for which the employee receives emergency callback pay).
Leave time and on-call time cannot overlap (this does not include holidays). Example: during a 24 hour period, an employee may be on vacation for 8 hours and be on call for no more than 16 hours in that day.
Emergency Call-Back
If an FLSA Non-Exempt employee is called back to work, the following emergency call-back time provisions apply:
- An employee returning to work shall receive a minimum of two (2) hours compensatory time or additional pay at straight-time for each occasion of emergency call-back.
- An employee responding via telephone or computer shall receive a minimum of 30 minutes as compensatory time or additional pay at his/her straight-time rate for each occasion of emergency call-back. If more than one emergency call-back occurs within a given shift, total call-back time cannot exceed two (2) hours.
- An employee who works more than two (2) hours emergency call-back or 30 minutes remote call-back shall be compensated for actual time worked.
- The employee will submit a monthly log, separate from the monthly timesheet, for supervisory approval of emergency call-back hours worked.
- Management shall determine a reasonable time for which preparation and travel to return to the worksite shall be compensated. Agreed upon travel and preparation time to the worksite shall be included in hours worked for determining overtime hours.
- Shift premium pay, holiday pay, and overtime pay shall be received in addition to emergency call-back pay, if applicable. Time on emergency call-back is subtracted from on-call hours.
- An employee whose emergency call-back work continues into the beginning of his/her regularly scheduled hours of work or continues following the end of his/her regularly scheduled hours of work is not eligible for emergency call-back compensation and is instead compensated for actual hours worked.
- On-call time is not considered as working time for overtime purposes. The time in on-call status is not included for determining overtime hours unless the employee is called back to work. If an FLSA Non-Exempt employee works overtime while receiving on-call, the on-call pay must be included in calculating the employee’s regular hourly rate for overtime pay.
- On-call and emergency call-back accrued balances shall be paid upon an employee’s separation or transfer to another state agency or university.
FLSA Exempt employees are not eligible for emergency call-back compensation, with the exception of CSS positions approved for extended duty compensation. For more information on CSS extended duty, see CSS Employee Handbook.