R477-8-10. On-call Time

(1) Management may direct an employee to be available for on-call work. (a) Management shall compensate an FLSA non-exempt employee for on-call time at a rate of one hour for every 12 hours the employee is on-call. (b) Management may compensate an FLSA exempt employee at a rate equal to or less than one hour for every 12 hours the employee is on-call. (2) Time is considered on-call time when the employee has freedom of movement in personal matters as long as the employee is available for a call to duty. An employee may not be in on-call status while using leave or while otherwise unable to respond to a call to duty. (3) Management may not enter into on-call agreements with employees unless the agency has a policy consistent with this rule and finance policy. (4) On-call status shall be designated by management in writing on an annual basis. Carrying a pager or cell phone does not constitute on-call time without this written agreement. (5) The employee shall record the hours spent in on-call status, and any actual hours worked, on the official time record for the specific date the hours were incurred to be paid. (6) An employee may not record on-call hours and actual hours worked for the same period of time. On-call hours, actual hours worked, and leave hours cannot exceed 24 hours in a day. (7) An employee shall round on-call hours to the nearest two decimal places. Hours of on-call pay are calculated by subtracting the number of hours worked in the on-call period from the number of hours in the on-call period then dividing the result by 12. (8) Management may not compensate on-call employees less than outlined in Subsections (1) through (7) but may provide additional compensation as permitted by budgets and consistent applications of rules, policies, and discretion.