On-call pay: when on-call time is work
Under federal rules, on-call time is paid work if you must stay on the employer's premises, or so close that you cannot use the time for yourself. If you only have to leave word where you can be reached, the waiting time is not work, but every call you answer and the time you spend on it is.
By Asier Fernández ·
The federal rule
“An employee who is required to remain on call on the employer's premises or so close thereto that he cannot use the time effectively for his own purposes is working while on call” (29 CFR 785.17). An employee who only needs to leave word at home or with the company where they can be reached is not working while on call. In practice the question is how restricted you are: how fast you must respond, how often you are called, and whether you can sleep, go out or see family.
Examples
| Situation | Paid? |
|---|---|
| Waiting at the station or on the ward for the next call | Yes: on duty (29 CFR 785.15) |
| At home with a phone, free to go out, called now and then | Usually no, except the calls themselves |
| Must answer in 5 minutes and be on site in 15, called most nights | Likely yes: too restricted to use the time |
| Answering a call or working remotely from home | Yes, for the time worked |
If you are told you can leave and do not have to start work until a set time, the period is off duty (29 CFR 785.16).
On-call pay is often more than the law
Many employers and union contracts pay a flat on-call rate per hour or shift, a minimum call-back of two to four hours, or both. Those are terms of the contract, not federal requirements. Paid on-call time that counts as work also counts toward overtime.
Fire, EMS and police on 24-hour shifts
For employees under section 7(k), the general rules of part 785 apply, with special rules for sleep time (29 CFR 553.221 and 553.222). On shifts of more than 24 hours, up to 8 hours of sleep can be left out of paid hours by agreement, but calls that interrupt it count, and if you cannot sleep at least 5 hours the whole period counts. See the 7(k) overtime calculator and EMS shift schedules.
More guides
Figures are worked out from each cycle; rules checked against official sources on . How we calculate
Questions
Does a job have to pay you to be on call?
Under federal rules, only if you must stay on the premises or are so restricted that you cannot use the time for your own purposes. Time spent on calls is always paid.
Can I say no to being on call?
Federal law does not stop employers from requiring on-call duty. Contracts, union agreements and some state rules for nurses limit it.
Are on-call calls at night paid?
Yes. The time you spend answering calls or working is hours worked, and it counts toward overtime.
What is the difference between on-call and standby?
Employers use the words differently. What decides pay is the restriction: on the premises or unable to use the time freely means work.
Is on-call time counted for overtime?
On-call time that is hours worked counts toward the 40-hour overtime threshold like any other work.