What is the law regarding travel time compensation and mileage reimbursement for a home health aide?
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What is the law regarding travel time compensation and mileage reimbursement for a home health aide?
I am currently working as a home health aide. I use my personal vhecial and am not reimbursed mileage. For any services. My patients often need me to give them a ride somewhere, or need me to do things for them. I was told I am obligated to honor the travel. That sounds so petty but I do not make enough money to donate $15 or more a week in traveling. That comes to my next question. I travel to a patients house they don’t answer the door or had other plans that day and forgot about our appointment. I do not get paid for that. Or the travel time to my next patient. For instance I drive 45 minutes to a 9 am appointment yesterday, knocked on doors windows, etc. per my boss telling me to do so. I spent a hour between knocking and waiting with hopes her son was sleeping. Nothing, she was a 2 hour visit with a hour waisted knocking. I traveled another 45 minutes to
my next appointment which was at 12:00 and was 2.25 hours visit then traveled 30 minutes to the next appointment set for 4:00-8:00. I will only be compensated for 6 hours of a 11 hour day. The owner of the company will not let us schedule ourselves. So mileage doesn’t matter to her, not to mention this is compinstated by Medicare. That is a different subject but this company has some schetchy charting rules. I have worked for this company for 2 weeks. However, I worked for
hospice and in long term care for nearly 16 years. I honestly question this company.
Asked on May 7, 2019 under Employment Labor Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
1) Travel time during the work day is work time and must be paid. To oversimplify what can be a complex and fact-dependent issue:
a) Your first travel in the morning, whether to your employer's office or a patient's home, is your commute to work--you are not paid for it.
b) Your last travel back to your home when you are done working is your commute home--you are not paid.
c) BUT all travel for work between the first and last trip--for example, if you drive from patient A's home to patient B's home--is work time and must be paid.
If not being paid for that during-the-work-day travel, you may wish to file a wage and hour complaint with the state department of labor.
2) An employer may make you use your own vehicle and not reimburse you for mileage, tolls, gasoline, etc.--there is nothing you can do about this other than keep track of mileage and provide the information to your tax preparer, who may be able to take a tax deduction for it.
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