Forced to stay at work, or abandonment

[Plagueis]

I have some questions about facilities requiring staff to stay after their shift is over because they cannot find people to work the next shift. This hasn't happened to me yet as a CNA (thank goodness), but I know of plenty of others who have told me that their nursing home told them that if they left, they would be accused of abandoning their residents, which would mean they would supposedly either lose their jobs, or their certification. I also have had a couple of CNAs tell me that their workplace threatens to discipline them, or accuse them of abandonment, if they call the CNAs on their days off, and they don't come in. This worries me a lot, as I am already exhausted from my 40-hour week, but I don't want to be accused of resident neglect if I don't stay to help. Is it legal for a nursing home or hospital to require CNAs to stay past their shift, and can they also require you to come in on your days off if they don't have enough staff? I read about mandatory overtime for nurses, but I don't know if that applies to CNAs, as well. Thanks.

[BabyRN2Be]

Is it my imagination or did I see this post somewhere else on here? I know I remember reading something about this and I saw a whole slew of answers. Tommybabe, if you don't get any answers here, it was posted somewhere on here today and you may want to read the answers there.

[Talino]

Definitions may be state-specific. Check with your state BON. Nursing laws on this subject do apply to CNAs.

"Patient abandonment occurs when a CNA, having accepted an assignment to care for a patient or group of patients for a previously agreed upon work time period, voluntarily removes herself/himself from the setting where care is being delivered without reporting off to a qualified individual who will assume responsibility for patient care."

"Refusal to stay and work an additional shift (double shift) is not patient abandonment, but is an employer-employee issue."

http://www.ncsbn.org/news/stateupdates_state_abandonment.asp

[txspadequeenRN, BSN, RN]

I am a W/E staffing nurse at a large facility. If you leave you unit with out relief , yes it is considered abandoment. However, every effort should be made to get you that relief so you can leave. I know that if I am not able to get it covered I have worked the unit myself. If they call you at home, you dont have to go in on your day off unless you just want to.... that is crazy.