One important aspect of any job is the required number of hours a physician must spend at the clinic. Many physicians seeking an adequate work-life balance may negotiate a particular schedule with their employer while still keeping “full time” status. For example, a physician may request that she may be given “off” every other Friday afternoon or, that she be given “off” on Monday morning if she was required to work the preceding Saturday morning.
Whatever the arrangement you negotiate with your employer – get it in writing. If your agreed schedule is not in your employment agreement, then it may be difficult for you to enforce an oral promise your employer may have provided. If the agreed schedule is in your employment agreement but your employer does not honor your arrangement, then you can sue your employer for breach of contract.
Keep in mind that many employment agreements allow the employer to have full discretion when determining your work schedule. An example clause is as follows:
Physician agrees that Physician will be subject to Employer’s direction and control with respect to activities performed on behalf of Employer, including but not limited to, (i) the assignment of patients, (ii) the setting of office hours and locations, (iii) the scheduling of vacations and other time-off, (iv) on call availability, and (v) assistance with establishment of professional policies and procedures.
In the paragraph above you will read that the employer has the right to set office hours and location. This means the employer can assign you an eight hour day or a twelve hour day (or something else) – it’s completely in their discretion to do so. And if you don’t follow the employer’s direction, then the employer could terminate your contract and hence your employment, for breach of contract.
If your employment agreement is drafted similar to the above but your employer has agreed to a certain schedule, then it may be prudent to ask for your contract to be updated to reflect your agreed schedule. An example revision could look as follows:
Physician agrees that Physician will be subject to Employer’s reasonable direction and control with respect to activities performed on behalf of Employer, including but not limited to, (i) the assignment of patients, (ii) the setting of office hours and locations, (iii) the scheduling of vacations and other time-off, (iv) on call availability, and (v) assistance with establishment of professional policies and procedures. Notwithstanding the foregoing, the Employer agrees that Physician shall only be required to work half a day every other Friday during the term of employment and not more than eight hours any given work day.
If you are successful in getting your contract updated then you can rest easy knowing that your employer can no longer change your work schedule without violating the contract.