Can they make me stay at the hospital without pay?

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I've lived in Florida now for about two years. To date I've been fortunate to escape the obligatory A/B list duty of staying at the hospital before or after a hurricane (and it's looking like Irene may miss us this time). However, I made the comment at work of "at least if we have to stay here we will get "on call" pay". I was told by a nurse who has been here many years telling me that she once had to stay at the hospital for two days before her shift, but didn't get a nickle extra. Now, I understand the whole "mandatory" aspect of staying before or after a major storm event for public safety reasons, but doesn't the law require them to pay us something? Are there any "nurse lawyers" out there who can speak to the legality of this practice? In my case, since we only have one vehicle it would mean leaving my significant other at a poorly constructed rental (a typical central florida vacation home) with my son (or worse still if we both happened to be on shift with his overnight babysitter), and not even getting extra pay.

Specializes in PICU, ICU, Hospice, Mgmt, DON.
Check your union contract. If you aren't covered by a union the workplace should have PP regarding the subject ... no one works for free

Dude! What union! This is Florida.....I am in Southeast Florida where there is a Hurricaine frenzy every year...in May the list goes up as to team A/B or C and no we do not get paid while staying in the hospital.....only while actually working....they do however, make provision where I worked to allow you to bring your children with you. They may stay the entire time, of course. They feed them and have special games and stuff for them to do...and sitters for while you are on the floor. Works out ok....and of course, they have the generators, no loss of power.

We had 2 back to back storms in 2004 so we should be ok for awhile...this one should miss us...darn...I was looking for the day off...I am not at the hospital anymore;)

And that was the PP....and yes, they can fire you for not going in...it happened on my unit..why should you not go in...and let everyone else work??? Leaving the unit that much shorter?

That's why they have you bring your family with you...no excuses....

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Specializes in Critical Care, Nsg QA.

Check your facilities policy and procedure manual. Most likely it is in the HR manual.

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ummm...how about be thankful they give you a free place to stay and likely feed you too. No, its not the hilton, but you arent paying to stay there either. And the ones that allow your families to stay at the hospital...that is AWWESOME. Hospitals are 24/7...we know that when we go into nursing. part of it.....And no I dont think you should be paid for sleeping and showering at the hospital. You should be thankful they provide a safe place for you to be between shifts you actually work.

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Weather related staying between shifts at my facility has a couple different levels of pay. If they "recommend" you stay, you get one amount (a couple dollars) and if you're required to stay, it's something like 30%. If they decide the roads are perfectly safe, they'll let you stay but won't pay you.

And it's something like double occurrence for each day you don't go in. So where I could normally call off two days in a row for one occurrence, calling in two days in a row during a weather emergency would be 4 occurrences.

I like the bad weather. Hate staying over (you REALLY get sick of your coworkers and the hospital decor when you can't escape it for even a couple hours!!) but the work is usually better because the patients can't make it in. :)

It's going to vary by facility. Check your P&Ps.

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Specializes in Tele, Acute.

chiccookie,

Be careful what you wish for. Katrina survivor here.

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Specializes in Peds Hem, Onc, Med/Surg.
chiccookie,

Be careful what you wish for. Katrina survivor here.

True.

I should have said I want it closer so I can have a day off without it injuring anyone or damaging anything. :lol2: I just don't want to work. lol

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Specializes in Home Health.

My daughter was an RN trapped at Charity Hospital in New Orleans at the time of Katrina. She went to work on a Friday night before Katrina, had to stay at the hospital over the weekend prior to the hurricane's arrival and did not leave the hospital until the following Friday. She has not been right since then. Yes this is the same daughter who may lose her license this week due to a single DUI!

Another reason I won't work at a hospital. I'm not going to be part of the disaster team, sorry. My family, pets and myself come first!

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Specializes in Emergency Medicine.

I was at an HCA facility after Katrina an they polled us about whether or not given disaster type circumstances would we show up for work. I said no and listed all my concerns. Gas, security, family and pets. To date I have not seen a disaster plan implemented to alleviate any concerns of nurses or staff.

They will not be keeping me there at the hospital. My preparations for inclimate weather include contingencies for flood, fallen trees and power lines. Pay be damned, I'm getting home to my family...

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Specializes in Home Health.
chiccookie,

Be careful what you wish for. Katrina survivor here.

Aww Grandee3, were you in the New Orleans area?

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posted in wrong thread and cant figure out how to delete

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I work in a Hospital in NJ.. we don't get hurricanes often but the winters can be horrible. This past winter was CRAZY

in our hospital... in order for ANY employee who is involved in Direct Patient Care to be mandated to stay a state of emergency has to be declared by either the governor of course or our DON... No employee can leave their assignment until their relief has arrived.

If someone is scheduled to work in a state of emergency they are obligated to make every effort to get to work. Failure to results in an ABSENCE. meaning they do not get paid sick time or anything... I have never heard of disiplinarary action for not being able to come to work on days of a major snowstorm.... because I think our management has common sense when it comes to driving in a snow storm!...

If a state of emergency is declared our city police department(it is a LARGE city) and our own hospital security have checkpoints across the city that pick up employees and bring them to work... only if they live in the city limits...

Those that are mandated to to stay get paid as they normally would. They are also given to to sleep a bit, but i think this was jsut a courtesy from our own charge nurse....

Food is handed out for free in the cafeteria.. and cots are set up for employees who have been relieved but still unable to go home because of the weather....

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

http://labor-employment-law.lawyers.com/wage-and-hour-law/Pay-for-On-Call-Time.html

Under the FLSA,

Definition of Work-Time

The work week has been found to include time that employees are required to be on their employer's premises, or at a workplace designated by the employer. This definition has been found to include time spent walking to a work station or putting on protective gear and then washing or cleaning after work. However, employers don't have to pay employees for time spent coming to work or returning home, or for other activities that aren't closely related to the work.

Definition of On-Call Time

While certain rules apply to the time you spend at work, if you're on-call during your off hours, different rules apply to determine whether you're considered to be at work during that time. Basically, if you're required by your employer to expend significant physical or mental energy, that's work time. As for on-call time, if you're required by your employer to be within 5 minutes of work, or less than 10 miles in a rural area, your on-call time may be considered work time.

Whether your on-call time is considered work time is dependent on the facts involved. The Wage and Hour Division has stated that if an employee ''is required to remain on call on the employer's premises or so close thereto that he cannot use the time effectively for his own purposes,'' the waiting time is considered hours worked under the FLSA and is compensable. On the other hand, an employee who is ''merely required to leave word at his home or with company officials where he can be reached'' after his regular working hours isn't entitled to compensation for his on-call time.

Factors to consider:

  • Is the employee required to remain on premises?
  • If allowed off premises, how far may the employee go during on-call time?
  • Is more than merely leaving your contact information with your employer required?
  • Is the employee allowed to freely use his or her own time while on-call?
  • How often is the employee actually called while on-call?

Questions for Your Attorney

  • Under what circumstances is an "on-call" employee actually on duty and eligible for pay?
  • What rules apply if an employee is injured while on call?
  • How can I document the on-call time that I believe is payable by my employer?

The treatment of on-call time depends on how much control the employer has over the employee and whether the employee can effectively use on-call time for personal activities. An employee who is required to remain on call on an employer's premises or so close thereto that the employee cannot use the time effectively for his own purposes is "working." An employee who is not required to remain on premises, but is merely required to leave word where he/she can be reached generally is not deemed to be working while on call. Time spent at home on call may or may not be compensable depending on whether the restrictions placed on the employee preclude using the time for personal pursuits.

Litigated cases generally involve the issue of whether various restrictions on an on-call employee so interfere with the ability to use the time for personal pursuits as to render the on-call time compensable. Factors considered include:

  1. geographical restrictions;
  2. required response time;
  3. frequency of calls during the period;
  4. use of a pager (which gives the employee freedom to be away from a telephone);
  5. extent personal activities are actually engaged in during on-call time;
  6. provisions of any employment agreement as to treatment of on-call work;
  7. length of time employee is on call (i.e. periodic duty versus continued on-call status);
  8. degree to which employees can trade on-call responsibilities; and
  9. whether the nature of the work precludes the employee from engaging in certain activities, such as drinking alcohol, while on call.

I remember this debate post Katrina and the one that hit Galveston Tx. It sparked a lot of debate then. The actual laws depend on your state laws as well........I don't think anyone has ever challenged it but they should and get some serious back pay.

I believe they have to pay you or compensate you in some way for being there. We all signed up for this when we became nurses and decided to take care of the sick and injured.....that being said.....if I didn't have child cafre and my children and dog were in danger I wouldn't go in....and if I lost my job....then so be it.

My prayer is for this hurricaine to speed out to the ocean.............:heartbeat

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