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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5562
Experience:  Exclusively practice labor and employment law.
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I am a nurse practitioner house call company - I am paid

Customer Question

I am a nurse practitioner for a house call company - I am paid average salary-however, I am expected to b on call 24-7 -I can participate in other activities -but I have "date night" with my husband on Fridays - I cannot be expected to make a call back if I have a martini - our company says they will call someone in corporate if I do not answer - does that cover them??They have no formal system of another professional to answer our phones - they have an answering service that has triage LPN's that cannot diagnose or prescribe - they still have to call us if the patient has a problem they cannot do anythin gabout - they say the answering service is sufficient - the standard in the industry is that a nurse practitioner or doctor is on call for other nurse practitioners or doctors- not a vocational nurse- also, standard it that when you employ a NP or MD - you pay for on call time -am I due for on call time - I cannot answer a patient call if I am drinking or sleeping
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.
It is legal to essentially have someone on call 24/7 without extra compensation. of course they must pay for the time the employee is on calls. That you cannot consume alcohol isn't enough to make the time not usable for your own purposes and with cell phones it's easy enough to keep it with you at all times , even if a call interupts your sleep. An LPN basically could only answer basic questions of patients. So, no having only an LPN to staff phones when you're not answering is not sufficient. And, really it sounds like their answering system is not sufficient. In my opinion they are setting themselves up for malpractice liability; but that's not my or your problem. As far as it being industry standard to pay NPs and MDs for on call time - I agree it is. But, that doesn't mean it's an entitlement. You should consider negotiating more pay for on call time because what they have you doing is a bit extreme.
Expert:  John replied 1 year ago.
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