Work Schedule: In this schedule, firefighters work for a continuous period of 24 hours, followed by a rest period of 48 hours (2 days) before starting their next shift. This pattern repeats over a 27-day period, with three different shifts or as we call them turns.
24-Hour On: During the 24-hour on period, firefighters are on-duty at the fire station for a full day, starting from the beginning of their shift until the same time the following day. During this time, they are actively engaged in various firefighting and emergency response duties, which may include responding to calls, conducting training, maintaining equipment, and performing other essential tasks.
48-Hour Off: After completing their 24-hour shift, firefighters get an extended rest period of 48 hours (2 days) before their next shift starts. During this time, they are not required to be on-duty and can enjoy time off to rest, spend time with family, pursue hobbies, or engage in other personal activities.
How does the FLSA apply to Firefighters? Firefighters are typically considered “emergency responders” under the FLSA. The FLSA recognizes that the nature of firefighting work involves irregular and unpredictable hours, as emergencies can occur at any time, day or night. Therefore, there is a specific provision within the FLSA that affects how firefighters are compensated for their work hours.
FLSA and the 207(k) Exemption: Under the FLSA, firefighters are often subject to what is known as the “207(k) exemption.” This exemption allows fire departments to calculate overtime pay differently for firefighters due to the nature of their work schedules.
How does the 207(k) Exemption Work? Instead of the traditional 40-hour workweek used for most employees, the FLSA allows fire departments to use a different time frame to determine overtime for firefighters. Firefighters often work in shifts, such as the 24-hour on, 48-hour off schedule, or other variations. The 207(k) exemption permits fire departments to calculate overtime based on a specific work period, known as the “work period” or “work cycle,” which can be longer than the standard one-week time frame.
For example, if the work period is set at 27 days, firefighters’ overtime pay is calculated based on the total number of hours worked during those 27 days, rather than a traditional weekly 40-hour threshold. As long as the total hours worked during the entire work period do not exceed the maximum allowed by the FLSA, firefighters may not receive overtime pay until they surpass the established threshold for the work cycle.
Why the 207(k) Exemption? The 207(k) exemption recognizes the unique scheduling challenges faced by fire departments. Firefighters often have irregular work hours and may need to respond to emergencies during their rest periods. The exemption allows fire departments to maintain continuous and adequate staffing levels while ensuring that firefighters receive fair compensation for their work, even if they work longer shifts during their work cycle.
It’s essential to note that the specific rules and regulations related to the FLSA and the 207(k) exemption may vary depending on federal and state laws, collective bargaining agreements, and individual fire departments’ policies.
How Overtime is Calculated: During the 27-day Kelly period, firefighters accumulate their regular work hours from the 24/48 schedule. Once they reach 204 hours of work within that 27-day period, any additional hours worked beyond the 204 mark are considered overtime. Our firefighters work 9 shifts in a kelly period. That creates 12 hours of overtime worked in a kelly period.
So how does the Portage Fire Department manage the extra hours in a Kelly Period?
Some fire departments in an effort to minimize budgets send fire fighters home or offer compensation time for their staff to maybe have time off another day. The Portage Fire department values its members time and pays overtime for the extra hours worked by our staff. We have found that through trial and error that our employees appreciate the consistent schedule and income. This also brings a better value to our citizens by insuring adequate staffing for their emergencies.
Why not use compensation time off or reduction days?
1. Financial Impact: Reduction days result in reduced pay for firefighters. Since reduction days involve sending firefighters home early or not calling them in for scheduled shifts, their overall work hours and subsequent earnings for that period are reduced. This can lead to financial strain, especially if firefighters rely on consistent paychecks to cover their expenses.
2. Work-Life Balance: Reduction days can disrupt the work-life balance of firefighters. Many firefighters work in shifts, and their schedules often involve balancing work with family commitments, personal time, and rest. Frequent reduction days can lead to irregular and unpredictable schedules, making it challenging for firefighters to plan their personal lives and spend quality time with their loved ones.
3. Job Security: For firefighters who depend on consistent hours to support their livelihood, reduction days may create uncertainty about job security. When reduction days become frequent or unpredictable, firefighters might worry about the stability of their employment and their ability to meet financial obligations.