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.
I'm shocked to think that anyone would tolerate this from their employer. I agree with the other posters, the hospital has no right to require this of its staff. I'm a pretty non-confrontational person but I would not be able to contain my fury if a supervisor tried to coerce or threaten me into staying at work in the situation that the OP describes.
Specializes in ER, ICU/CCU, Open Heart OR Recovery, Etc.
Just. No. I'm not sure that even in a declared State of Emergency called by government that they can make you stay if your replacements have arrived. This might be worth checking out.
Definitely call a lawyer specializing in Employment law and/or the Labor Board. This is seriously messed up.
Specializes in ER/Tele, Med-Surg, Faculty, Urgent Care.
On returning from deployment to Gulf War stationed at Bethesda Naval Hospital, Those living within 200 miles were granted leave to go home. Those living farther were told no cant go home must stay local but not to report to duty must stay home and use leave time. I filled out request papers to go home to New Mexico knowing it would get denied. My friend born & raised in Bethesda did the same because she did not want to stay home using up leave when she could use it for vacation. We then both reported for duty after one week. Not the same as OPs situation but you can not illegally force people to remain at work against their will nor can you force military personnel to stay home using earned leave because no one planned for our return to the states.
Our facility does this too but pays the employees their base pay while sleeping and even furnishes meals. The snow policy is the one and only good benefit our facility has.
There is no way would I stay at work otherwise!!
I would definitely see if I could find a weather related policy that you facility has. If there isn't one, then the labor department should be contacted, as other posters have mentioned.
Our facility does this too but pays the employees their base pay while sleeping and even furnishes meals. The snow policy is the one and only good benefit our facility has.
There is no way would I stay at work otherwise!!
I would definitely see if I could find a weather related policy that you facility has. If there isn't one, then the labor department should be contacted, as other posters have mentioned.
It's not voluntary?? They can just tell you that you are not allowed to go home for days at a time?
I am from New England and I have never heard of such a thing. People are offered places to sleep during blizzards when they are working the next day and the expectation is that those who choose to leave will make their way back but I have never, ever heard of requiring someone to sleep at the hospital for DAYS. When I worked in the hospital, I never lived more than 6 miles away. I always went home. I could walk in if need be the next day. People who stayed usually lived an hour or so away. They cannot legally force you to stay. I'd leave and then call the state labor board.
I also work in New England and we have a mandate policy if a Code D is called (Disaster Drill). If a Code D is called then those already at work will be mandated to stay. The last big storm we had they did not end up calling a Code D although they probably should as we had 2 feet of snow and there was a state wide driving ban. It really wasn't safe to leave. I ended up staying anyway but the hospital ran out of food because none of the kitchen staff made it in to work. So both the nurses and the patients were hungry. It was bad.
OscarTheOwl
113 Posts
Nevermind