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.
Specializes in LTC,Hospice/palliative care,acute care.
I ask this respectfully,does having children exempt you from your obligation to work when scheduled during a weather event? Do you have back up plans to provide for their care when it's necessary?
I ask this respectfully,does having children exempt you from your obligation to work when scheduled during a weather event? Do you have back up plans to provide for their care when it's necessary?
I think the poster is referring to being asked or mandated to work when not scheduled.
Specializes in LTC,Hospice/palliative care,acute care.
I think the poster is referring to being asked or mandated to work when not scheduled.
The poster wondered how many people called out sick prior to the storm for fear their relief would not show up and they would not be able to get home to their children.My question still stands but thanks for your input.Children,pets both require a back up plan and do not exempt a nurse from fulfilling her obligations to her employer
Specializes in Infection Prevention& Control, Occupational Health.
Quote from ktwlpn
"I ask this respectfully,does having children exempt you from your obligation to work when scheduled during a weather event? Do you have back up plans to provide for their care when it's necessary?"
I agree that having children does not exempt me more than anyone else- we all have obligations. As a single mom with a child on the autism spectrum and no family to assist, I do have back up child care plans- but not 24 hours a day for three days. My child care provider has obligations too.
The poster wondered how many people called out sick prior to the storm for fear their relief would not show up and they would not be able to get home to their children.My question still stands but thanks for your input.Children,pets both require a back up plan and do not exempt a nurse from fulfilling her obligations to her employer
First of all, thank you very much for being the nurse who is willing to stay and take care of patients. During the winter of 2014, my Mom was in the hospital and a big storm came and her nurses had to stay as well and I was so grateful to them.
Speak to an attorney, and find out what the definition of hostage is. Remind the nurse super or whoever tells you that you have to stay that they might to check with their attorney about the possibility of them being charged personally with you being detained against your will. Hopefully they will rethink their position. Good luck and stay warm.
I am with you. Unless you signed a contract saying that you would stay for an eternity in case needed, they can't hold you hostage. Speak to an attorney.
and you do realize that if I am injured while still here and not working, it won't be worker's compensation (can be cost contained), but a straight out personal injury lawsuit?
The food situation is puzzling to me; its not like these snow storms sneak up on a location, well not a lot of time. Management should be making an action plan for getting MRE's or whatever food and water for the staff and patients if the forecast calls for weather that will affect traveling and therefore food delivery. It doesn't take a rocket scientist; every disaster preparedness flyer and website says to have three days worth of food and water on hand in case of a disaster. To know one is coming and not provide for necessities is the definition of incompetence.
ActualNurse
382 Posts
For sure, you cannot leave your children alone.