On Call Agreement - Maryland

On Call Agreement is a legal document that was released by the Maryland State Department of Education - a government authority operating within Maryland.

FAQ

Q: What is an On Call Agreement?
A: An On Call Agreement is a contractual agreement between an employer and an employee that outlines the terms and conditions for being on call.

Q: What is the purpose of an On Call Agreement?
A: The purpose of an On Call Agreement is to clarify the expectations, compensation, and other details when an employee is required to be available for work outside of their regular working hours.

Q: Is an employer required to have an On Call Agreement?
A: There is no specific legal requirement for an employer to have an On Call Agreement. However, having a written agreement benefits both the employer and the employee by avoiding any confusion or disputes regarding on-call responsibilities.

Q: What should be included in an On Call Agreement?
A: An On Call Agreement should include details such as the frequency of on-call duty, compensation for being on call, response time expectations, and any additional requirements or conditions.

Q: Can an employer change the terms of an On Call Agreement?
A: The terms of an On Call Agreement can be changed if both the employer and the employee agree to the changes. It is important to communicate any changes in writing to avoid misunderstandings.

Q: What happens if an employee is not available during their on-call shift?
A: If an employee is not available during their on-call shift without a valid reason, it may be considered a breach of the On Call Agreement. The employer can take appropriate disciplinary action.

Q: Can an employee refuse to be on call?
A: In most cases, employees can refuse to be on call if it is not a requirement of their job or if they have valid reasons for not being available outside of their regular working hours. However, it is recommended to discuss such concerns with the employer.

Q: Are on-call employees entitled to compensation?
A: On-call employees are generally entitled to receive compensation for their time spent being on call, even if they are not actively engaged in work during that time. The rate of compensation should be specified in the On Call Agreement.

Q: What are the legal requirements for on-call pay in Maryland?
A: In Maryland, there are no specific legal requirements for on-call pay. However, employers are encouraged to provide fair and reasonable compensation to on-call employees in accordance with applicable labor laws.

Q: Can an employee be fired for refusing to be on call?
A: An employee cannot be fired solely for refusing to be on call, unless it is a requirement of their job. However, repeated refusal to fulfill agreed-upon on-call duties may be grounds for disciplinary action.

Q: Can an On Call Agreement be terminated?
A: Yes, an On Call Agreement can be terminated by either the employer or the employee, as long as proper notice is given and any contractual obligations are fulfilled.