Ban on Mandatory Overtime Passes PA Senate

[herring_RN, ASN, BSN]

senate oks mandatory nurse ot ban

[color=#626b77]after seven years, it appears many pennsylvania health care workers will get their wish: a ban on mandatory overtime. ...

[color=#626b77]the legislation now heads to the house for a final vote, where state rep. dan surra, d-elk county, the bill's sponsor, said the final version was acceptable and would pass the house.

[color=#626b77]a spokesman for gov. ed rendell said he would sign the bill.

[color=#626b77]the law would prevent health care facilities from using mandatory overtime to manage chronic understaffing. it would allow them to use mandatory overtime in some situations, however, including natural disasters or in the cases of unforeseeable absences. ...

[color=#626b77]...brennan mills, a certified nurse assistant at golden livingcenter west shore, said mandatory overtime occurs regularly. workers are sometimes within five minutes of the end of their shifts when they are told they must stay, he said....

[color=#626b77]...but beverly fry, the executive director of golden livingcenter, said mandatory overtime doesn't occur often.

[color=#626b77]for example, when one of our staff members is out sick or if one of our patients has an unexpected need requiring additional staff time, we must be able to meet our patient care needs through overtime work," she wrote in an e-mail. "the vast majority of our caregivers are more than willing to put in extra time when necessary to ensure that our patients receive the best possible care." ...

[color=#626b77]http://www.pennlive.com/statehouse/patriotnews/index.ssf?/base/news/122343272250750.xml&coll=1

[Straydandelion]

Well, if someone was afraid they would loose their job by not volunteering, it could be called then voluntary OT? Is that done a lot, in my experience, I have always been "asked" if I could stay.

[Atheos]

I find there are more than enough CNAs wanting all the overtime they can get to not have to MAKE anyone stay.

[pielęgniarka, RN]

My facility can mandate a staff member for overtime if no one else is able to stay. Say a nurse refuses to stay for the OT, it counts as abandonment of shift and that staff member is subject to termination.

Well, if someone was afraid they would loose their job by not volunteering, it could be called then voluntary OT? Is that done a lot, in my experience, I have always been "asked" if I could stay.

[RN Power Ohio]

The PA law has a specific statement about retaliation for not staying.

[Riseupandnurse]

You do not have to stay beyond the time period you agreed to, as long as the work on that shift is caught up and there is someone (oh, yes, even management!) to turn the patient over to. Yes, the hospital can fire you, but it is NOT abandonment in the eyes of the state board of nursing. You need to go to your state board's website and check out their FAQ section. They are the ones who gave you your license, and they are the ones who make the rules about when you can lose it.

[NRSKarenRN, BSN, RN]

more info: 10/09/08 pa legislation: mandatory overtime passes senate; nursing ratios

legislation affects all hourly employees who provide direct patient care within healthcare facilities.

senate approved hb 834 after compromise language inserted:

(3) unexpected absences, discovered at or before the

25 commencement of a scheduled shift, which could not be

26 prudently planned for by an employer, and which would

27 significantly affect patient safety.

28 the term does not include vacancies that arise as a result of

29 chronic short staffing.

so mandatory overtime may still occur in those facilites without any plans for back-up for late call offs.

possitive step forward overall.

[jumpshot]

Question regarding mandatory OT.... The facility in which I work in is still requiring us to sign up for "Mandatory On-call" stating that when we were hired... we were aware that there was mandatory on call.... They, as the facility are grandfathered in - which will continue to allow them to mandate On call. I work in a neonatal Intensive Care Unit.

They have really never used this for emergencys. We are always brought in for being short staffed!

Any thoughts would be appreciated!

Thank you