Possible to be "Completely relieved from duties" if you're the only nurse on duty??

[lashuna1028]

I have a concern regarding unpaid break times at my facility. I work at an assisted living facility where theres only one nurse on the floor per shift. During the day though the Director of Nursing and Assistant Director of Nursing is also here along with the floor nurse. But at night which is what I work, there is only one licensed nurse here, so my employer requires that I remain on premises during the unpaid break time.

I am aware of state and federal law section 785.19 stating that the employer can require the employee to remain on premises and still count it as unpaid time just as long as he/she is "completely relieved from duties" during that time.

So my question is how can the one and only nurse on duty be "completely relieved from duty" during an unpaid break time? I am still in charge and still liable for anything that happens during that unpaid break time. Who am I "relieving" my duties to during my break time if I'm "completely relieved" ? I can't "relieve" my duties to unlicensed persons. If a patients dies or goes into cardiac arrest while I'm sitting in the break room during an unpaid break I'm still responsible right?

This doesnt seem fair at all. I am being automatically docked 30 minutes of my time here on duty and my employer says its legit. (those 30 minutes add up!) I have already inquired about this to HR and was told that they are in accordance with federal law. And that I should take the unpaid break time in the break room or take a walk outside just as long as I dont leave the premises. Just so long as I am completely freed from duties during that time.

I think theres a misunderstanding with the duties of a nurse because they were referring to "duties" in a technical way, ie physical labor. But as a nurse our duties include more than physical labor. We are held accountable for the overall well being of the patient, we have to critically think, make judgements and mentally assess. So just because we are sitting and not passing meds, not answering call lights (anything physical)etc that doesn't mean we are "relieved from duty" right???

[elkpark]

That's a v. good point. I agree that it's hard to see how, as the only nurse in the building at night, you could be "completely relieved from duties" unless the employer is willing to have someone choke or go into cardiac arrest without you taking any action until your break is over ... I recall your other, earlier thread on this same topic. Have you spoken with your state dept. of labor or the Fed. dept. of labor about the interpretation of the law in circumstances like yours? They would probably be willing to address this on a general, hypothetical basis and provide the answers you need.

[HathawayToGo]

Funny...I was just reading something about this today in a book I got, The Everything New Nurse Book. Of course, state and facility rules will differ, but this book says that if you are an "RN", only another RN can relieve you / cover for you. I also think you can be compensated if you are not taking your break.

[caliotter3]

I think if you pressed this issue with the proper authorities, that you would be paid for this time.