New Nurse-Mandate law in Illinois Question

[missluckyduck]

I just got my first job about a month ago. My original D.O.N stayed with my nursing home for a month. When I was hired I was told mandation was for 4 hours and she usually ended up coming in to fill the rest of the shift if no one else would. She has left us and the new D.O.N says there is no mandation law for Illinois that applies to the nursing home setting. She makes us stay 8 hours and tells us if we don't stay we will be written up. The other day a nurse working 2nd shift got mandated into midnights, was forced to stay the entire 3rd shift, and was told not to come back to work if he left after the 4 hour mandate. The D.O.N said she was out to dinner and didn't want to go home earlier than planned to come in. Is it just me or is this unsafe for the residents and the staff? When it happens to me I don't know what I'll do with my 3 year old at 4 am when my husband leaves for work. Can any body give me some information that will help me?

[WldChrry]

They have the same thing at the facility where I work. I think it's outrageous that an employer can do this to an employee, especially in the healthcare setting where we are dealing with people's lives. If an employee is mandated at my facility, they must stay for the next 8 hour shift (total of 16 hours) and still must come in the next day to work!

[Esme12, ASN, BSN, RN]

I think you need to check with the BON and check the overtime laws in Illinois. It is my understanding that the state of Illinois made mandated OT illegal in 2005. Unfortunately, it may only apply to "hospitals" Mandatory Overtime

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

Illinois HB 1164 provides that no nurse working for a state agency who is paid an hourly wage and who has direct responsibility to oversee or carry out nursing care or related duties may be required to work mandated overtime except in the case of an unforeseen emergent circumstance when such overtime is required only as a last resort, and limits the time of such overtime. Also stipulates if a nurse works 12 consecutive hours, the nurse must be allowed at least 8 consecutive hours of off-duty time before returning to duty. Protects nurses from retaliation if refusing mandated overtime......but it isn't clear if it passed.

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[TD]Amends the Department of Children and Family Services Powers Law of the Civil Administrative Code of Illinois, the Mental Health and Developmental Disabilities Administrative Act, the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois, the Department of Veterans Affairs Act, the Illinois Public Aid Code, and the Unified Code of Corrections. Provides that no nurse who is paid an hourly wage and who has direct responsibility to oversee or carry out nursing care or related duties may be required to work mandated overtime except in the case of an unforeseen emergent circumstance when such overtime is required only as a last resort, and limits the time of such overtime. Provides that when a nurse is mandated to work up to 12 consecutive hours, the nurse must be allowed at least 8 consecutive hours of off-duty time. Prohibits retaliation because a nurse refuses to work mandated overtime as prohibited under these provisions. Authorizes the filing of complaints alleging violations of these provisions. Effective immediately. [/TD]

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I would check with the state of Illinois Nurses association and the BON.