On-Call Time in EMS: When Does the Clock Start?
Ken Wogan
Your paramedic is on-call at home. A call comes in at 2 AM. They respond, treat a patient, and are back home by 3 AM.
Do you owe them for the on-call time? For the callback time? For travel time?
The answer is probably, but the specifics matter. And the documentation matters even more.
On-call compensation in EMS is complicated because the work isn’t uniform. Sometimes on-call means sitting in a bunk at the station. Sometimes it means waiting at home. Sometimes it’s a mix. And the rules are different depending on how much control you have over the person’s time.
The Basic Rule (And Why EMS Complicates It)
Under FLSA, you generally have to pay for time the employee is at work. Time they’re not at work, you don’t pay for.
The complication: what counts as “at work”?
If a paramedic is sitting in a bunk at the station, they’re restricted in what they can do. They can’t go home. They can’t pursue their own interests freely. Courts have generally found that on-station bunk time is compensable work time because the employer controls the person’s time and location.
If a paramedic is on-call at home and free to do whatever they want until called, they’re not “at work.” That time might not be compensable.
But there are gray areas. And in EMS, they’re bigger than in most industries.
The Four Gray Areas
Gray Area 1: On-Station Time That Isn’t Active Calls
Your paramedic is sitting in the station between calls. Are they “at work”?
Yes. The time they’re at the station, available for response, is work time. You owe them for it.
But here’s the complication: what about time between calls when they’re sleeping? Are they on-call or working?
The general rule is: if they’re sleeping at the station (bunk time) and required to be available for immediate response, it’s work time. You owe them for it.
Some agencies try to argue that bunk time shouldn’t count because the person is sleeping. The DOL doesn’t buy that. If you’ve required them to be there and available, they’re working.
Gray Area 2: Callback Situations
Paramedic is on-call at home. They get called in. They respond, work a shift, and go home.
How much time do you owe them?
You owe them for the actual work time (time they’re in the ambulance, treating patients, in the station).
You might also owe them for travel time to the station, depending on state law.
You probably don’t owe them for time between the callback and when they left home (the few minutes they spent getting ready), unless your policy or practice requires a specific response time.
Most agencies are fine on this one. The issue arises when they’re vague about what “callback time” means or when they don’t document whether travel time is paid.
Gray Area 3: Flexible On-Call Arrangements
Some services have paramedics who are on-call from home but are expected to be able to respond within a certain timeframe (say, 15 minutes).
Is this paid time?
Depends on how restrictive it is. If the paramedic can’t leave the area, can’t go more than 15 minutes away from home, can’t engage in other employment—that’s restrictive on-call. It’s probably compensable.
If the paramedic can go anywhere, do anything, and just has a phone on them—that’s looser on-call. Might not be compensable.
The courts look at the facts: how much control does the employer have over the person’s time and activities during on-call?
The more control, the more likely on-call is compensable work time.
Gray Area 4: Part-Time Shifts and Split Schedules
Some paramedics work part-time: two 12-hour shifts per week, or three 8-hour shifts. When they’re not scheduled, are they on-call?
If you’re not expecting them to respond to any calls during their off-time, they’re not on-call. No compensation owed.
If you occasionally call them in for staffing shortages and they’re expected to be available, that might be on-call time that’s compensable.
The issue is usually documentation. Did you make clear to the employee whether they’re expected to be available during certain off-hours? Is it documented?
The Documentation That Protects You
Whether time is compensable depends partly on documented policy.
You should have a written statement about:
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What on-call means in your service. “On-call paramedics are available by phone and expected to respond to the station within [X minutes] if called. On-call paramedics may be at home or elsewhere, but must remain within [distance] of the station and be available to report for duty if called.”
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What’s paid and what’s not. “Time physically at the station is paid work time. Time on-call at home is not paid. Time in response to a callback (from time of phone call until return to on-call status) is paid.”
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Travel time. “Paramedics are paid [X minutes] of travel time when called to respond from home. Travel time beyond [X minutes] is paid for actual travel.”
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Compensation for restricted on-call. “If on-call arrangements restrict the paramedic from [specific activities], additional on-call compensation of [rate] is paid.”
This documentation doesn’t guarantee you’ll win a dispute. But it does make your position clear and it helps the DOL understand your system if they audit you.
Without documentation, you’re arguing about what’s standard or customary. With documentation, you’re pointing to a policy.
What Can Go Wrong
Here’s a real scenario:
You pay paramedics for time at the station. You don’t pay for on-call time at home. But you call them in frequently—maybe twice per week on average.
A paramedic leaves the service and files a wage claim, arguing that being on-call was restrictive (they had to stay within a certain distance, they had to answer their phone) and therefore should have been paid.
If you have a written policy saying on-call at home is unpaid, you’re in better position. If you don’t, the paramedic’s claim that they were effectively restricted and working is harder to defend.
Or this scenario:
You have paramedics working 24-hour shifts. They sleep at the station between calls. You don’t pay for bunk time, only for call response time.
The DOL audits you. They ask: were these paramedics required to be at the station and available? Yes. Then bunk time is compensable work time.
You owe them for all hours at the station, including bunk time.
Without documented policy explaining your system, you can’t defend not paying them.
The Practical Path
If you’re currently unclear about on-call compensation:
Step 1: Audit your current practice. Who’s on-call? What are they allowed to do? What’s your expectation for response time? What do you actually pay them for?
Step 2: Determine what you should owe under FLSA. This might require consultation with an HR attorney. The rules are fact-specific. What’s compensable depends on the restrictions you place on the person’s time.
Step 3: Document your policy. Write down your on-call structure and compensation. Be honest about what you’re requiring and paying for.
Step 4: Implement it going forward. Make sure your payroll system reflects your policy.
Step 5: Communicate it to employees. Let your staff know how on-call compensation works.
This protects you going forward. It doesn’t fix past underpayment (if there is any). But going forward, you’re clear and documented.
The Bottom Line
On-call compensation in EMS is complicated because the work is complicated. The DOL expects you to pay for time you control and restrict, and not pay for time that’s the employee’s own.
Where the line is depends on your specific on-call arrangement. But wherever you draw it, you need to document it clearly.
Ambiguity is expensive. Clarity is your protection.
Ryan Wogan Wogan Solutions