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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19777
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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My employer has a telecommuting work policy that states that

Customer Question

Hello,
My employer has a telecommuting work policy that states that you must have childcare while working from home if you have children. However, they say that you do not have to have childcare if you are "on call" stating that it is acceptable to clock in during on call times to work and you may care for your child while working, but not during normal business hours. This seems to be an unfair situation
Submitted: 6 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 6 months ago.

Hello,

Thank you for the information. If you are asking if there is anything unlawful in your employer's policy that distinguishes between "on call" periods and regular working hours, the answer would be no. An employer is generally free to set and change the terms and conditions of employment as they deem appropriate. The only exceptions would be if there were a union bargaining agreement that stated otherwise, or if the employer were only targeting one employee for different adverse treatment because of their gender, race, national origin, age (over 40), disability, religion, pregnancy or military service. So, although the policy may not seem fair or to make sense, it would be lawful unless the exceptions I mentioned apply.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Customer: replied 6 months ago.
to clarify, when they told me that it would be acceptable for me to work while caring for my child on the weekend when I would still be clocking in and working as I would during the week, but not acceptable to do so during the week, that is legal? They can make stipulations on when working with a child is acceptable, simply based on the time of day or day of the week? Being on call is also not in my job description, if I tell them that I will no longer be available to be on call during times that I have my child, could they then change my job description and require me to be on call?
Expert:  Marsha411JD replied 6 months ago.

Hello again,

Yes, that is correct, it is legal unless one of the exceptions I specifically mentioned previously applies. And yes, unless you have a specific term contract that limits all of the parameters of your job (duties, hours, pay, etc.) the employer can always change the terms and conditions. So yes, again, they can change your duties and your availability requirements. If you are not available how and when the employer deems it necessary, they can either accept your limitations, reduce your hours, change your duties anyway, or terminate your employment.

Expert:  Marsha411JD replied 6 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 3rd. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.

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Thank you.