An employee eligible to earn overtime compensation who is recalled to work overtime, after having completed his or her scheduled work period and left the scheduled work station, is considered to have worked a minimum of one-half day for the purpose of computing overtime compensation. An employee working a 40-hour week is credited with 4 hours: an employee working a 37 ½ hour week, with 3 ¾ hours. This rule does not change the requirement that overtime compensation is paid only for work in excess of the basic 40-hour work week.
Examples:
An employee regularly scheduled to work 40 hours per week is called back to work for 3 hours. When determining the total hours worked by the employee during that week, he or she would be credited with 44 hours and would receive overtime compensation for 4 hours of recall work.
An employee regularly scheduled to work 37 ½ hours per week is called back to work for 3 hours. When determining the total hours worked by the employee during that week, he or she would be credited with 41 ¼ hours and would receive 2 ½ hours of accrued non-compensatory overtime and 1 ¼ hours overtime compensation for a total of 3 3/4 hours of recall work.
An employee recalled to work on a weekend or a pass day is entitled to the minimum overtime credit provision. If the employee is called back to work for a period of less than ½ day on a day her or she was scheduled to be off duty, the employee would be credited with ½ day of overtime and would be entitled to overtime compensation accordingly.
An employee in a unit other than the Institutional Services Unit or SUNY Professional Services Unit who is recalled more than once after completing the scheduled work period must receive ½ day overtime credit for each time he or she is recalled. Accordingly, an employee recalled to work 3 hours who is released at the end of 3 hours and again recalled to work 2 additional hours would receive overtime credits for a full day – 2 minimum ½ day credits. An employee in the Institutional Services Unit who is recalled more than once during a ½ day period will not be eligible for more than ½ day of overtime credit unless he or she actually works more than ½ day.
Employees in SSU and SSPU that are called back as a result of a riot, prison break, fire or escape and not put to work shall be guaranteed one-quarter day’s overtime compensation.
An employee who is recalled to work on a holiday is not entitled to the minimum ½ day credit for overtime unless such time worked results in working more than 37 ½ or 40 hours in a work week. For example, when the holiday falls on the employee’s regular work day, and he or she has performed no other overtime service in that week, the work performed on the holiday would not result in hours worked in excess of the normal work week, and the employee therefore would not be entitled to the recall provision.
Holiday Pay
An employee in the Institutional or Operational Services Units who is on a standby roster and is recalled is eligible to receive standby pay for each 8 hours or part thereof on standby in addition to any recall pay.
Stand-By Pay
Enter all overtime hours worked in the same manner as regular overtime regardless if it was worked due to recall. The fact that overtime was earned due to recall is not significant.
A recall situation differs from an overtime situation in these respects:
- An employee must have completed the normal work day and left the work site when called to come in; and
- Work performed in the recall must not join, coincide or overlap the normal work day.