contract/ leave of absence

[YSH]

I have contract signing coming up and I am planning on a leave of absence during the contractual period.  My job will entail taking calls (shift work) which is rotated among the 7 of us.  I have no other duties besides the shift work and will be considered 1099 status.

My question is- my contract states that "I am to provide a minimal of four (4) shift coverage per month..."

In this setting, can those 4 calls a month be satisfied as long as it is averaged out to meet the 4 calls/month criteria over the duration of the contract (12 months) or does it have to be met verbatim.   I am told that the physicians in the group switch calls with each other all the time and the final schedule never looks like the original one posted by the time each physician has reviewed it.  Should I have them change the wording of the contract to say something like "I am to provide, on average, a minimal of four (4) shift coverage per month...."

I am not quite ready to explain why I need the leave of absence to the group yet.

Appreciate input. Thanks.

[VagabondMD]

I suggest that you discuss the matter with the other members of the call pool and make sure that they are in agreement. In most cases, as long as you do your fair share, especially with advanced notice and no timing disadvantage to the others (that is, your sabbatical will not be for spring break, winter break, and all summer), there is no reason why you cannot work this out. Who knows, while I do not know the nature of the work, perhaps some of the others would be willing to do some extra work for extra pay.

[YSH]

What are the options for an 1099 in the setting of FMLA type leave?

My understanding is that as an 1099, in addition to no paid leave (barely get that as a W2 in some places), its possible that they don't have to accommodate an indicated leave of absence.  I am not planning to screw everyone over by being gone for the entire summer/ winter for travel joyriding, but would like some insurance that if I sign for the year, I could have the flexibility to accommodate some family issues.

I would still be satisfying my minimal requirements and most likely will be doing additional shifts for multiple reasons. Obviously, a contract is a contract, and it should be fair to all parties involved. But, I don't want to be screwed over in the end either.

 

 

[childay]

I would have them change the language in the contract to average like you said

[Zaphod]

As part of being a 1099 you have none of the government or mandated benefits whatsoever, including FMLA. You dont work you dont get paid. Regardless as an independent contractor you really cant be contracted out for more than a month to month at will type situation in reality anyway. Thats part of being an independent contractor and most contracts are flatly "at will" with a termination notice period (30-60 days) which is really the extent of your "effective" contract no matter what the stated term really is.

[YSH]

Hmm... I am well aware of the lack of benefits associated with 1099 and also that if I don't work I won't get paid.

I will have to look into the idea that as IC you can't be contracted out for more than a month to month length of time generalization.

I am also well aware that as an IC, BOTH parties can part ways with sufficient notice, without clause.

I suppose either way, one really doesn't get any guarantees. They can fire you as an employee or they can end your contract as an IC. All workers (whether skilled or otherwise) are dispensible.

Better leverage my resources to earn my keeps or start finding an exit stategy.

[Zaphod]

All I mean is that given in almost every contract their is an "at will" and defined day notice, your actual effective contractual length of employment is not a day longer than that, no matter what you agree to. Its just effectively that way. For example, mine is an annual contract, but notice and no fault leaving is 30 days, so its really month to month.

[YSH]

Zaphod wrote:

All I mean is that given in almost every contract their is an “at will” and defined day notice, your actual effective contractual length of employment is not a day longer than that, no matter what you agree to. Its just effectively that way. For example, mine is an annual contract, but notice and no fault leaving is 30 days, so its really month to month.

Click to expand...

Yes, I concur with this.

Regardless, thanks for the input.  Even if this might not be ideal, still good to know what other practicing physicians think regarding certain situation. Good to know, esp since the feedback will likely mirror some of what the others in the call pool will be thinking.