We have started a segment allowing potential candidates to ask questions that will be answered directly by our CEO, Darcy Swift. This month’s question is:
QUESTION: My company has asked that I stay home and work on an “on call†basis until the COVID-19 mess is over. The thing is, they want me to use my PTO and Medical leave days instead of paying me even though I am still required to be ready to work at any time. Can they do that? Isn’t being “on call†still technically working? I feel like I should still be getting a paycheck and not be required to use all of my PTO.
ANSWER: This is such a hard time for all of us, employers and employees the same. Getting straight to the point, the short answer to your question is yes, they can do that. The only time your employer is required to pay you is for actual hours worked. Even if you are asked to be on call, the only “billable hours” are those that you are doing work tasks. The rest of time you’re at home not working, they are within their rights to ask you to use PTO time.
It can be frustrating to have to use personal time to cover your paycheck, but keep in mind that many companies are doing everything they can to keep the doors open and payroll covered. Everyone is having to make sacrifices in order to survive long-term. Every business is handling the COVID-19 pandemic differently. If you are having an issue using your PTO time or if you have suggestions on how to handle your personal situation another way, you are definitely also within your rights to speak to your HR Representative or supervisor. Maybe you can work out a different course of action that will work better for you both.
If you have a question you want answered, please contact us here. We will feature one frequently asked question a month.
We have started a segment allowing potential candidates to ask questions that will be answered directly by our CEO, Darcy Swift. This month’s question is:
QUESTION: My company has asked that I stay home and work on an “on call†basis until the COVID-19 mess is over. The thing is, they want me to use my PTO and Medical leave days instead of paying me even though I am still required to be ready to work at any time. Can they do that? Isn’t being “on call†still technically working? I feel like I should still be getting a paycheck and not be required to use all of my PTO.
ANSWER: This is such a hard time for all of us, employers and employees the same. Getting straight to the point, the short answer to your question is yes, they can do that. The only time your employer is required to pay you is for actual hours worked. Even if you are asked to be on call, the only “billable hours” are those that you are doing work tasks. The rest of time you’re at home not working, they are within their rights to ask you to use PTO time.
It can be frustrating to have to use personal time to cover your paycheck, but keep in mind that many companies are doing everything they can to keep the doors open and payroll covered. Everyone is having to make sacrifices in order to survive long-term. Every business is handling the COVID-19 pandemic differently. If you are having an issue using your PTO time or if you have suggestions on how to handle your personal situation another way, you are definitely also within your rights to speak to your HR Representative or supervisor. Maybe you can work out a different course of action that will work better for you both.
If you have a question you want answered, please contact us here. We will feature one frequently asked question a month.