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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19098
Experience:  Employment/Labor Law Litigation
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I am an RN a small hospital which is part of a large

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I am an RN a small hospital which is part of a large hospital system in Indiana. On days when our census is low the hospital makes us take the day off for no pay and we are supposed to use our accrued vacation pay to pay ourselves or we can take no pay at all. When we get a low census day we are still on call for the hospital. So if we have the opportunity to work someplace else we can't because we are on call. We do not even get call pay for the day ($1.00 an hour) I don't know how the hospital can justify having us on call and not paying us at all.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately they can justify it, because as the law currently stands right now on call time is not compensible time. If you are allowed to be at home, courts have repeatedly held that that time is not paid time unless and until you get called into work. Regrettably, this is well-settled law, meaning that unless a change is made in the statutes concerning compensible time, there is no further argument on this matter in the courts.

As for requiring you to pay for the time they require you to take off with your vacation, this is also permissible as vacation is not legally required by any state or federal law. Because of this, the employer can place those limitations on that vacation that they want to...including requiring its use if you wish to paid for time that you are not scheduled to work.

I wish I could tell you differently here, but none of the facts that you outlined here touch on any illegal activity by the employer. Immoral and unfair, yes...but not illegal.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.