Is this legal???

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  1. This is a discussion on Is this legal??? in Louisiana Nursing, part of United States Nursing ... Our parish had a mandatory evacuation for our entire parish for hurricane gustav. I called my...

    by Nov 12, '08
    Our parish had a mandatory evacuation for our entire parish for hurricane gustav. I called my supervisor to let her know my family and I would be leaving. Now me and the other staff that did not go to work during the hurricane are being threatened with disciplinary action. Is this legal? I feel as though the administrator put the staff and the 8 patients they had in the hospital at GREAT risk. The hospital did suffer some damages including windows and the elevator. It was frightening for the people that stayed. What does everyone think? I realize we risk our lives everyday with the exposure to disease, but is it fair for administration to put our lives in harms way or make my children motherless for him to look good in the community or to pad his pocketbook?
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    by kajunscrap Nov 12, '08 3:55 pm
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  3. 8 Comments so far...

  4. Nov 12, '08 by
    I can't believe your hospital would expect you to break the law in order to go to work. Maybe you should ask your mayor his or her opinion. Wonder what the negative publicity the hospital would receive for reprimanding a group of nurses for obeying the law and their local law enforcement.....
  5. Nov 14, '08 by
    im not sure what the law is, but... I always felt and thought we as NURSES have to be here for the community... i know at the hospital i work we have an activation and recovery team. i myself stay for hurricanes. I would like to know if that would fall somewhere under abandoment
  6. Nov 14, '08 by
    Quote from night_owl_504
    im not sure what the law is, but... I always felt and thought we as NURSES have to be here for the community... i know at the hospital i work we have an activation and recovery team. i myself stay for hurricanes. I would like to know if that would fall somewhere under abandoment
    no, to abandonment.....that req an est pt/nurse relationship.....this should have been addressed at hiring.....indeed emergency personnel may be exempt from the evac order.....BUT why wasnt the hospital evac'ed??
  7. Nov 18, '08 by
    The National Guard was stationed at our hospital.. They can set up a mash unit and use our facility. I realize as nurses we are there for the community;however we are human and moms. I dont think our administrator should risk leaving my children motherless. no job is worth that.
  8. Nov 18, '08 by
    I believe the hospital gets FEMA money if they stay open for the hurricane. Of course the staff that stays and takes care of the patients are never compensated.
  9. Nov 19, '08 by
    If the evacuation was mandatory I don't think your employer can penalize you for not coming to work. You need to go to your Labor Commission or Labor Board with this problem. If they can not help you then see an employment law attorney. If the problem does not go away, you might consider looking for a new job. It sounds like this could become a very uncomfortable place to work.
  10. Nov 19, '08 by
    I have heard of this happening to many health care workers, not just nurses in the aftermath of a hurricane. I was penalized(not paid) for missing during a mandatory evac during hurricane Georges years ago. I know of a LPN who lost her job from a nursing home on the northshore after she evacuated for Katrina. I think this is not uncommon at all. Don't know how they can get away with it, but they do....
  11. Feb 21, '09 by
    Mandatory evacuation means exactly what it says "mandatory". Evacuating eight patients is NOT considered a very difficult task especially when plenty of time and warning was given. Did these people NOT learn from the dreadful mistake the nursing home in St Bernard Parish made during Katrina? I believe it was St Bernard parish, I could be wrong.

    The only thing anyone "owed" to anyone was that administrator. She owed it to those patients to get them to safety. Now, I do feel as though all employees should be expected to help during the evacuation and still have time to get yourself and family to a safe place.