2019 - 2023 DSA Memorandum of Understanding: Article 15: Standby and Callback

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What’s on this Page

• 15.1 Definition of Standby
• 15.2 Callback
• 15.3 Court Callback
  • 15.3.1 Pay When Court Appearance Required
  • 15.3.2 Late Cancellation Pay
  • 15.3.3 Documentation Required

Read Next: Article 16: Shift Differential Premium

Standby duty requires that an employee designated by the Department Head to be so assigned during off-duty hours, be ready to respond as soon as possible, be reachable by telephone or pager, be able to report to court within a specified period of time, and refrain from activities which might impair the employee's ability to perform assigned duties. Each such employee who is assigned to standby shall be paid at the rate of six dollars and twenty-five cents ($6.25) per hour for each hour that the employee stands by on call.

No employee shall be paid for standby duty and other compensable duty simultaneously.

15.1.1

The County and DSA have agreed to implement a mutually agreed to mandatory standby rotation to address Hospital Guard Duty and/or unforeseen operational needs. Management may end the mandatory standby rotation at any time. This Section shall not limit the Department Head’s ability to designate employees to standby duty per Section 15.1.

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Employees who are called back to work after having completed the normal shift and after having left the work site, shall be entitled to receive a minimum of two hours pay at the applicable rate for all callbacks received within that two hours call-back period. Such employees who are called back to work shall be compensated for regular time or overtime, as the case may be.

Time worked, for which the employee is entitled to compensation, shall include reasonable travel time to and from the employee's residence via the shortest commonly traveled route. No employee shall continue to receive standby pay once called back to work or while receiving callback pay for hours worked, or while guaranteed minimum is paid. For purposes of computing statutory overtime, only time actually worked and travel time shall be considered.

Employees who are called back to work while on a duty free meal period will be paid for time worked, according to Article 17.2.

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15.3.1 Pay When Court Appearance Required

Employees who are required to appear in court as part of their official duties in their off-duty time in response to a valid subpoena or other written order from the Court or employer shall receive a minimum of four (4) hours of overtime. Any payment for overtime shall be in accordance with the provisions of Article 14. Time worked, for which the employee is entitled to compensation, shall include reasonable travel time to and from the employee's residence via the shortest commonly traveled route.

15.3.2 Late Cancellation Pay

Effective April 15, 2014, employees who have been served with a valid subpoena requiring them to appear in court on a regularly scheduled day off, but who are not required to appear shall receive two (2) hours of overtime pay if they receive notice that their appearance is not required fewer than seven (7) calendar days prior to the scheduled appearance time. For purposes of this Subsection 15.3.2 only, a “regularly scheduled day off” shall be determined based on the start time, not the end time, of the regularly scheduled work day. For example, an employee whose regular work schedule includes work from 2100 on Monday to 0700 on Tuesday (with no other work scheduled on Tuesday) shall be deemed to work on Monday, and have a regularly scheduled day off on Tuesday.

Employees may not receive more than one payment in a calendar day pursuant to Sections 15.3.1 and 15.3.2 regardless of the number of subpoenas received. Employees who are scheduled for training or vacation will mark the time under the “unavailable block,” and subpoenas for the unavailable time should not be served, and no payment will be provided.

15.3.3 Documentation Required

The County may require employees to submit appropriate documentation certifying eligibility for payment under Subsections 15.3.1 and 15.3.2.

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