Co-worker threatened with arrest for so-called abandonment

[hospicechpn]

I'll keep this basic. A co-worker became quite ill for over a week. Following the illness she went on a previously approved vacation (had it in writing). Upon returning from vacation she was told she shouldn't have taken the vacation because she had already taken time off for her illness. She was written up for "patient abandonment" and told she could be arrested.

What do you think of this? Does she have any recourse?

[Esme12, ASN, BSN, RN]

As per the Terms of Service we cannot give legal advice.

If she has malpractice insurance I would tell her to call them as they can provide legal assistance/advice. Home care is different in some ways as the patient obligation is slightly different in regards to the patient nurse obligation. But if she reported off for her illness properly and took the scheduled vacation...... abandonment has not occurred.

http://www.nursetogether.com/what-every-nurse-should-know-about-patient-abandonment-and-nursing-negligence

Each state has their own rules and regs about abandonment and nurse patient relationship

You cannot be arrested for abandonment.......you can be arrested for criminal neglect or other civil charges if a patient was harmed or died....but for abandonment alone....I don't think so and her work is using scare tactics.

I read in a previous thread of yours that you are in CA......http://www.rn.ca.gov/pdfs/regulations/npr-b-01.pdf

[NRSKarenRN, BSN, RN]

One first needs to ACCEPT AN ASSIGNMENT in order to be charged with abandonment.

As a manager, I've had this scenario happen to staff before: 1 week illness then vacation. Don't like it but nature happens. Submission of doctors note would be sufficient proof illness. Another good reason why having malpractice insurance important for legal protection of nursing license.