Hello, I am a Nurse in the State of West Virginia.
We are currently in the wake of Winter Storm Jonas which has left our hospital in a bind with staffing. I am well aware of the mandation laws currently in action for the state of WV. I understand that a nurse can be mandated to work a 16 hour shift if staffing is needed for the safety of the patients, which I have no problem with and will gladly volunteer in this time of need. However, at our specific facility after a nurse has worked a 16 hour shift, management will not let us leave the building, even if we are not scheduled to work for several days, requiring us to sleep here.
They are at this point threatening us with discipline.
I have just worked a 12 hour shift and am not needed to work an additional 4 hours as my replacement has arrived, they have no use for me. They will not let me leave the hospital even though they have no need for me. They say, "they cannot guarantee that I will make it in for my shift tomorrow night and I am not allowed to leave due to this."
Although extreme, I feel that this is somewhat a hostage situation, lol. I live 5 minutes away from the hospital of which I work, I have even said that I can walk to work of for some reason my 4WD lifted truck cannot make the 2.2 mile trip.
This cannot be legal, refusing a nurse from going home if they are not mandated and are not needed. For instance, a nurse worked her scheduled shift this past Friday and was going to leave at 7pm. They told her she was not needed but she was not allowed to leave.
She isn't scheduled to work again until Monday morning and are forcing her to stay here throughout the weekend? I cannot see how this is legal in anyway, and then on top of forcing us to stay they are intimidating us by throwing termination in our face if we leave.
If an employer requires you to stay then would they not be obligated to pay you for your time? What about other obligations such as home, family, pets etc. Yeah, I would walk and dare them to fire me. Then let them explain to unemployment why they fired me.
We've had several severe hurricanes i.e. Katrina, Gustav... And the hospital never required anyone to stay. They give you a strong warning that if you don't show up for your shift you WILL be fired, and the hospital provides places to sleep. If you think the storm will hinder you at all you are encouraged to stay.
If they are requiring you to stay, then they should be paying you overtime for it.
So I guess if you are in a car crash or similar event en route they just fire you maimed and all. Nice employers. I am so glad I am nearing the end of my working life.
I have one word for you. UNION. It's the only way to get protection and someone looking out for the employees! Check into nurses unions. There are many that can help
if they are gonna pay you to sleep.....sleep. not the greatest of situations...but....if they pay you...why not. if not....go home. these people aren't there. that's your jab at them.
No, it's not legal, but in a winter storm situation, that's what hospitals, prisons, nursing homes, etc. do to ensure staffing. It really sucks. Do you have a union? You could notify them. Retaliation is always a possibility if you complain though.
So funny. Once when I was stuck, one of the staff bemoaned the fact that she did not have clean underwear. One of the OR staff washed her underwear and caused a fire in the autoclave drying it. After that, I always took my snowstorm kit to work with me which included essential items in case I got stuck. Now I just have it ready to go. Looks like we are getting a snow event tomorrow and I am scheduled to work. Hope I am able to get out of my home to get there. I am prepared to stay if I do get stuck.
medic981, ADN, RN, EMT-P
40 Posts
If an employer requires you to stay then would they not be obligated to pay you for your time? What about other obligations such as home, family, pets etc. Yeah, I would walk and dare them to fire me. Then let them explain to unemployment why they fired me.