legal mandation length (illinois)?

Long Term Care Columnist / Guide · Sep 29, 2014

I would have a chat with the National Labor Relations Board about this. Your employer can't make you work 24 hours straight---for one thing it's completely unsafe for the patients---and poor planning on management's part does not equal an emergency on your part. The NLRB would probably love to hear about this. You also might want to place a call to your local senior and disabled services agency about the understaffing issue.....I don't know about Illinois, but in my state that would get a surveyor out there within 24 hours, as it could be considered immediate jeopardy.

Esme12, ASN, BSN, RN · Sep 29, 2014

I think that your employer needs to become familiar with the law for nurses....

In 2006, hours-worked legislation was introduced in AK, CA, DC, FL, GA, HI, IA, IL, KS, MA, MI, MN, MO, NH, NY, OH, PA, RI, TN, VT, WV, and WI, none of which passed to date.
In 2005, legislation to prohibit mandatory overtime was enacted in IL and OR law was amended. The Illinois Nurses Association was instrumental in the enactment of legislation in IL that allows hospitals to mandate a nurse to work overtime only in unforeseen emergent circumstances. Even if they must do so, no nurse may work more than 4 hours beyond her/his regularly scheduled work shift. A nurse may not be punished for refusing to work overtime, and if a nurse works 12 hours there must be an 8 hour rest period before working again. The Oregon Nurses Association promoted the amendment of an OR mandatory overtime law (enacted in 2001) by prohibiting a hospital from requiring a nurse to work more than 48 hours in a week or more than 12 consecutive hours in a 24-hour period. There are a few specific exceptions to the limits on mandatory overtime. Nothing in the bill prevents voluntary overtime.

rad10 She went on to say that the only law on the subject was that I had to have at least 24 hours in 1 week off work, and beyond that, I was required to stay as long as necessary until sufficient staff came in to replace me.

Hospital Licensing Act to prohibit mandated overtime for nurses except in "unforeseen emergent circumstances." The amendment is effective immediately, and prohibits discipline, discharge, or any adverse employment action solely on the basis of a nurse's refusal to work mandated overtime absent an unforeseen emergent circumstance. The definition of "nurse" includes any advanced practice nurse, registered professional nurse, or licensed practical nurse, as defined by applicable state law, who receives an hourly wage and has direct responsibility to oversee or carry out nursing care. It does not include a certified nurse anesthetist, who is primarily engaged in performing the duties of a nurse anesthetist.
"Unforeseen emergent circumstances" is defined as any declared national, state, or municipal disaster or catastrophic event, or any implementation of the a hospital's disaster plan, that will substantially affect or increase the need for health care services, or any circumstance in which patient care needs require specialized nursing skills through the completion of a procedure.
The Act specifically provides that an unforeseen emergent circumstance does not include a situation in which the hospital fails to have enough nursing staff to meet the usual and reasonably predictable nursing needs of its patients. Even during an unforeseen emergent circumstance in which mandated overtime may be required, such overtime is limited to four hours beyond the end of the nurse's pre-determined shift, and a nurse required to work up to 12 consecutive hours must be allowed at least 8 consecutive hours of off-duty time immediately thereafter.
Alleged violations will be investigated by the Dept. of Public Health, and complaints must be filed within 45 days of the alleged violation. Violations must be proven by clear and convincing evidence that the nurse was required to work overtime against his or her will. To defend, the hospital must present clear and convincing evidence that an unforeseen emergent circumstance requiring overtime existed at the time the employee was compelled to work overtime.

http://www.ilga.gov/legislation/publicacts/94/PDF/094-0349.pdf

Oswin · Sep 29, 2014

To be clear, she wasn't trying to make me stay for 24 hours, just saying that she legally could, which I can't fathom can be true....?!

Oswin · Sep 29, 2014

Ok, here's where I"m having trouble... I want to make sure all my ducks are in a row before I approach her about this.

One of those says hospital, and I'm not working in a hospital.

Another that I found seemed to only pertain to state facilities. We do accept medicare/medicaid residents, but we are a faith-based non-governmental organization, so I don't know for sure if it applies?

lifelearningrn, BSN, RN · Sep 30, 2014

Labor laws apply to faith based, non-profit employers. Esme posted the policy in IL, and your bosses inability to staff accordingly does NOT fall under the statute of mandated overtime. It appears that over 16 hours is expressly forbidden, even in an emergent situation. Your boss can't require you stay past your normal scheduled time for call ins.

Oswin · Sep 30, 2014

Do you have sources for that, newhospicern? If I go in there with what Esme posted, she's just going to say "we're not a hospital, this isn't applicable" and ignore it.

Long Term Care Columnist / Guide · Sep 30, 2014

She won't be able to ignore the State when they come in to investigate, or the Labor Board after you report this facility to the proper authorities.

lifelearningrn, BSN, RN · Sep 30, 2014

If your facility is licensed with the state, the "Hospital Licensing Act" policies apply. It looks like your boss is trying to use blanket labor laws that are designed for day laborers and minimum wage and apply them to health care professionals. As a licensed professional, you have the right and obligation to ensure safe practice.

NurseQT · Oct 1, 2014

And this is why I absolutely despise mandatory OT policies. I have never worked at a facility, except my most recent employer that had a mandatory OT policy. Had I known about the policy it probably would have been a deal breaker for me and was one reason that my last night is tonight. Mandating kills the morale of all the staff. Treat staff right and offer incentives and they'll be more willing to work extra hours.

CapeCodMermaid, RN · Oct 1, 2014

I'm pretty sure in Massachusetts you can't be mandated to stay any longer than 16 hours total unless the governor has declared a state of emergency such as in a hurricane or blizzard.

ktwlpn, LPN · Oct 11, 2014

. Mandating kills the morale of all the staff. Treat staff right and offer incentives and they'll be more willing to work extra hours.

All of the incentives in the world can't convince some of my co-workers they should show up when scheduled. The same people ,time after time. Latest news I hear is we will start pulling ancillary nurses to the floors,people who have not worked on a unit for years...Seems like a very short term solution for a long term problem.