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Retrieve from the wild.

September 3, 2009 | 20,00 EUR | answered by Andreas Scholz

Hello.

I am a registered nurse working in outpatient care, with a 30-hour contract for a 5.5 day week.

I worked in shifts from 24.08.09 - 02.09.09 (24.08.09 - 01.09.09 early shift, and late shift on 02.09.09) with an average of 7 hours of work per day.

According to the schedule, I am scheduled to be off from 03.09.09 to 06.09.09.

Yesterday, my nursing director called me around 12 o'clock, asking if I could cover a late shift on Friday, 04.09.09. I declined, as I had already shown up for a late shift on the same day at 13:30. I informed my nursing director that I would be traveling with my family on Friday, 04.09.09 and therefore could not cover the shift.

Now my nursing director has informed me that she has the authority to call me in to work during my time off due to staff shortages. Since I mentioned that I couldn't work the late shift for personal reasons, she told me that I would need a doctor's note for that specific day (04.09.09).

My question is:
Can my nursing director call me in during my time off, and do I need to submit a doctor's note for that one day, even though I am currently in good health?

Sincerely,
Harald-Tom Treiber

Andreas Scholz

Dear inquirer,

If by "free" vacation you mean that you have also submitted a corresponding request, you are not obligated to work.

However, if you have several days off in a row due to the shift schedule planning, it may be different. In this case, if your employment contract allows it, your employer may require you to work. It all depends on the regulations in your employment contract.

If your employment contract allows it, you can only avoid the duty to work if you are ill.

If you do show up for work, your free time must be replaced elsewhere.

I hope this information has been helpful. If you have any uncertainties, feel free to ask.

Kind regards,

Andreas Scholz, Attorney