cancelled/low census..long and alot of questions

[seanymph]

Friday night I arrived for my assigned shift and was told that they had called my agency and cancelled my shift as they didn't need me. (they didn't call me as my phone isn't hooked up yet, my recruiter e-mailed me, but I didn't check messages before I left for work). I called the agency' after hours' number and the president verified that he had received the call earlier in the day. Now according to my contract I am guaranteed 72 hours and if they low census me, I am to refuse and they are to sign my time sheet that they are low censusing me. Well, I called the nursing supervisor and told her that I needed her to sign my sheet before I left and she refused as my shift was cancelled at 1pm. I asked her to call the after hours number back and talk to the president about it, well she did and called me back up on the floor and said she was not going to sign my sheet.

While I was sitting there waiting for her to call me back I discovered that the floor was staffed with someone from the recovery room (I work OB) and someone from day shift (which means it was probably OT for them).

Now, my question is, since I am guaranteed 72 hrs and they cancelled/low cesus me, will I be paid for that shift? Should I have been working that night considering what they were staffing the floor with? They staff the floor with alot of agency nurses, I am their first traveler, do I take precedence in staffing over them?

Sorry, this is so long, but this is my 3rd assignment and the first time I've run into this. If they keep cancelling my shifts and I'm not paid for the time am I in my rights to ask my recruiter for a new assignment and what would I be responsible for as far as my housing and stuff since the assignment wasn't completed?

Thank you.

[tntrn, ASN, RN]

Is your 72-hour guarantee given to you by the agency or by the hospital where you are assigned? That would be one thing I'd want to know. The others staffing that day may be hospital employees and therefore they would have first preference to work over an agency or traveler, at our hospital anyway. This very issue has surfaced several times for us, including twice during our contract negotiations 3 years ago. The administration wanted the regular employees to take low-census because the traveler "had a guarantee." That flew about as far as the Wright Flyer as we told them the hospital contract with us supersedes that they might make with an agency and if they make that contract AND have to overstaff (and therefore pay out more money) well, it's their problem and not ours.

More recently, another nurse and I on two different days were called in half way through our on/call days because they agency nurse's shift was over (and they'd guaranteed her 8 hours.) The resulted in a grievance, which we won for the above mentioned reason. And I'm pushing for more than a 3 hour call-back guarantee for our own nurses if the hospital is guaranteeing 8 to agency nurses. It's too bad we have to play these games, but play we must.

I think I'd check out the contract very carefully, find out who is guaranteeing you the 72 hours and go from there. It's quite possible the hospital will ultimately have to pay you, BUT they also have the right and obligation to work their own staff before agency.

Good luck! (From one who's worked agency and loved it and who is now involved again in contract negotiations for our nurses.)

[caroladybelle, BSN, RN]

Those questions cannot be answered by us but can only be answered the group that pays you.

Now I think that if you are guaranteed X number hours, you should be paid for X hours, but what I or anyone else here thinks is irrelevant as we are not paying you.

This is more an issue between your agency and thse that refused to sign your sheet. And I do think that it is tacky and low that they will not sign "low census" on your card. And someone in your agency needs to give them a call about that.

By the same token, locals shouldn't be low censused for a traveler - it causes alienation among local staff. It is policies like those that push nurses to leave their home hospital and go a traveling. But by the same token, the hospital needs to cover the traveler's expenses some also.

[ratchit]

I have worked as staff, traveller, and agency and you really can't compare the payroll or contract rules.

Dawn, you should be paid by your agency. Where they get the money isn't your problem.

It sounds like the supervisor can't keep the different rules for agency and travellers straight. An agency nurse cancelled 6 hours in advance might not be due anything. But you are a traveller with a contract that guarantees your hours. Your agency needs to educate the hospital that if they cancel you for low census, they need to sign your time sheet for verification. Since the sup told someone at your company why you were being cancelled, you should be OK in this case even without a signed form- make sure payroll is told to pay you!

TNTRN- I don't think you can compare guaranteed agency hours with staff on-call call-back hour minimums. When a hospital cancelled me a lot, I would refuse to book there. So would other agency RNs. So the hospital couldn't get agency nurses when it needed them. So they started guaranteeing hours to agency workers to get them to book hours there. It was that or never be able to get agency RNs at all and leave staff short. These are for regular shifts, though- not OT or call.

Caroladybelle- Travellers are usually far from home and don't have the benefits staff RNs do. It isn't fair to cancel the traveller who came all that way to work because the census dropped. Travellers don't even have PTO/vaca time to use to prop up the paycheck if they are cancelled.

It isn't fair to cancel staff nurses in favor of travellers, though. If the hospital has guaranteed hours to the traveller, I can see offering staff nurses the day off. But if no one wants it, then they are overstaffed that day. For a change!

[ratchit]

Dawn- one more thing to check. If you are guaranteed 72 hours, that's likely over a 2 week pay period. Clarify with your recruiter what you are obligated to now. IE, do you have to pick up another day, or will you be paid for the low census day?

Some hospitals will try to say that you must be available every other day that pay period, just in case you are needed. That way they can call you in for straight time instead of paying anyone OT.

I think that once the schedule is posted, that's it. They can ASK you to switch to a different day but shouldn't be able to require to to give up all your days off for up to 2 weeks.

[caroladybelle, BSN, RN]

Originally posted by ratchit

Caroladybelle- Travellers are usually far from home and don't have the benefits staff RNs do. It isn't fair to cancel the traveller who came all that way to work because the census dropped. Travellers don't even have PTO/vaca time to use to prop up the paycheck if they are cancelled.

UUUHHHH.

As a current traveler about 1,000 miles from home, I am well aware of this.

However, what is or is not fair, is not what the OP asked - s/he asked if she would get paid. And as we are not paying her, we have no ability to answer - only whatever authority (agency or hospital) can answer that - whether the answer is "fair" or not.

It is also not fair for regular staff (who may or may not have comp time) to always take the cut in hours,. They have demonstrated loyalty to the hospital. Why should they have to lose sick/vacation time - because the hospital made a reservation on their time and then wishes to revoke it?

What would be fair is if the hospitals would honor the nurses that they overwork so many times, with an easy overstaffed shift.

But life is not fair.

However, if they wished to low census the traveler, they should at least be willing to sign the shift attesting to that fact. And that they will not do this points to a dishonesty that bodes future problems for any agency personnel that works there and should be reported to the agency.

[ratchit]

UHHHHH

I agreed with you. I don't care if the hospital OFFERS staff the day off- some might want it. But it shouldn't be required. If they CHOOSE to go home and take vaca time, that's fine. It should never be forced on them. Been on both ends of that stick- didn't like it either way.

I think the OP answered her own question- her contract states guaranteed hours so she gets paid. I hope they don't expect her to be available to pick up another shift that pay period, though. They shouldn't be able to yank her chain like that.

As far as refusing to sign the time sheet, I don't know if it's dishonesty or lack of information. I travelled for years and never had a time window for cancellations- only had that working agency. The OP said the sup wouldn't sign because she was cancelled at 1pm- sounds like the sup thought the traveller could be cancelled like agency.

[OBNurseShelley]

I have worked as a travler for several contracts and I always get my hours guaranteed, HOWEVER, if I am cancelled im usually required to make up the shift to teh unit's convenience, PIA i know but that's just how it is. One unit was NOT allowed to cancel me and when I was working was not allowed to cancel staff either, they could ask staff to volunteer but they were not required, they loved it when i was on and it wasn't busy cuz they could stay! Just got lucky there, cuz most places aren't like that, but it makes sense to me.