Urgent question

  1. Hello All, I am hoping that this does not border on legal advice.... I am currently working in a nursing home in Wisconsin. Currently on day shift right this minute. I was told at one point that our facility is not a mandated stay facility. We currently have a call in for PM shift tonight. Me and the two other nurses can't stay. I have called all of our nurses and med techs and am getting either a "no" or a voicemail. We are being told by management that one of us has to stay if no one can come in. Tonight is one med tech and a nurse. Management will not come in to cover. Do we have any recourse with this issue?
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    About Name9335, BSN, RN

    Joined: Aug '17; Posts: 83; Likes: 107

    42 Comments

  3. by   beekee
    If no one relieves you, you (or one of your coworkers) are likely stuck. I'd look to see if there is any policy on mandating.
  4. by   Name9335
    Quote from beekee
    If no one relieves you, you (or one of your coworkers) are likely stuck. I'd look to see if there is any policy on mandating.
    our handbook states... "In the event that the next shift cannot be covered due to unforeseen circumstance, (facility name removed), has the right to mandate that direct care staff remain on the job until they are relieved by their supervisor" Except the supervisors are refusing to come in


    I will be staying... not sure if this post is too revealing, if so, is there a way to delete the original post? I get it that we are essentially stuck at this point, so not sure that keeping this post up is going to be worth it.
  5. by   Daisy4RN
    Quote from Name9335
    our handbook states... "In the event that the next shift cannot be covered due to unforeseen circumstance, (facility name removed), has the right to mandate that direct care staff remain on the job until they are relieved by their supervisor" Except the supervisors are refusing to come in


    I will be staying... not sure if this post is too revealing, if so, is there a way to delete the original post? I get it that we are essentially stuck at this point, so not sure that keeping this post up is going to be worth it.
    who is your supervisor, it says that you are mandated to stay until relieved by supervisor. But yea, looks like you are stuck. I don't think you can delete the post without admin, maybe you can edit it yourself, if not hit the little caution button next to the reply button to send a message to admin.
  6. by   Been there,done that
    Not too revealing, there are many nursing homes in Wisconsin.

    So now you know, you are mandated. Make sure you write this up to cover yourself. Consider sending this issue to the state as well. Good luck with your shift.

    Happy job hunting.
  7. by   Name9335
    Quote from Daisy4RN
    who is your supervisor, it says that you are mandated to stay until relieved by supervisor. But yea, looks like you are stuck. I don't think you can delete the post without admin, maybe you can edit it yourself, if not hit the little caution button next to the reply button to send a message to admin.
    This has been in consultation with our ADON... they are the one stating that one of us HAS to stay, but none of the managers will come in. I realize im stuck at the moment. Just irritated and venting. I may have this post removed. we will see
  8. by   Name9335
    Quote from Been there,done that
    Not too revealing, there are many nursing homes in Wisconsin.

    So now you know, you are mandated. Make sure you write this up to cover yourself. Consider sending this issue to the state as well. Good luck with your shift.



    Happy job hunting.
    Thanks, I have an application into a hospital at the moment. Just waiting to hear back! Hopefully next week
  9. by   beekee
    Far too many of us have been mandated. It happens way too often. And it sucks. Vent away. We get it.
  10. by   Meriwhen
    Check with the WI BON. Most state BONs do not consider refusal to do overtime as patient abandonment. They consider it to be an employment issue, and not a patient abandonment issue. See what WI has to say about this.

    One of my former workplaces tried to pull this one over on me: they were short on evening staff and expected me to stay over. It wasn't happening that day. I went to my BONs website, printed out the part where it said that refusing to stay wasn't patient abandonment, and told the evening supervisor that per our BON refusing to do a double was not patient abandonment and I could leave provided that I had someone qualified to hand my patients off to...and guess what, that someone was going to be her. So I gave her report on my patients and went home.

    Ballsy, I know. I can't remember exactly when I did this, but I think I may have even been a new grad at the time.

    Mind you, doing this comes with some risks.

    One rub is finding someone qualified that you can hand your patients off to. You just can't give them to the CNA and expect to be off the hook. It would have to be another nurse that you hand off to or you could be considered as having abandoned your patients.

    The second is that doing this could get you fired. And if you get fired, don't expect the BON to intercede on your behalf as BONs tend to stay out of employment issues. I was lucky and didn't get fired. I also refrained from playing that card as much as possible and was usually willing to stay an hour or two late to wait for a replacement.

    IMO, if this is a regular occurrence at your facility--or starts to become one-- keep sending out more job applications.
  11. by   Name9335
    Quote from Meriwhen
    Check with the WI BON. Most state BONs do not consider refusal to do overtime as patient abandonment. They consider it to be an employment issue, and not a patient abandonment issue. See what WI has to say about this.

    One of my former workplaces tried to pull this one over on me: they were short on evening staff and expected me to stay over. It wasn't happening that day. I went to my BONs website, printed out the part where it said that refusing to stay wasn't patient abandonment, and told the evening supervisor that per our BON refusing to do a double was not patient abandonment and I could leave provided that I had someone qualified to hand my patients off to...and guess what, that someone was going to be her. So I gave her report on my patients and went home.

    Ballsy, I know. I can't remember exactly when I did this, but I think I may have even been a new grad at the time.

    Mind you, doing this comes with some risks.

    One rub is finding someone qualified that you can hand your patients off to. You just can't give them to the CNA and expect to be off the hook. It would have to be another nurse that you hand off to or you could be considered as having abandoned your patients.

    The second is that doing this could get you fired. And if you get fired, don't expect the BON to intercede on your behalf as BONs tend to stay out of employment issues. I was lucky and didn't get fired. I also refrained from playing that card as much as possible and was usually willing to stay an hour or two late to wait for a replacement.

    IMO, if this is a regular occurrence at your facility--or starts to become one-- keep sending out more job applications.

    That's the problem.... there is really no one capable of taking the hall. It would be one nurse and one nurse tech tonight if I left which really can't work. Management is refusing to come in and take the hall. No other nurses/techs will come in either. It is definatly becoming a more and more common issue. I have an application into a local hospital and will hopefully hear something this next week. Even that is a LONG story.... Just feeling really frustrated and completely stuck
  12. by   Name9335
    Quote from Meriwhen
    Check with the WI BON. Most state BONs do not consider refusal to do overtime as patient abandonment. They consider it to be an employment issue, and not a patient abandonment issue. See what WI has to say about this.

    One of my former workplaces tried to pull this one over on me: they were short on evening staff and expected me to stay over. It wasn't happening that day. I went to my BONs website, printed out the part where it said that refusing to stay wasn't patient abandonment, and told the evening supervisor that per our BON refusing to do a double was not patient abandonment and I could leave provided that I had someone qualified to hand my patients off to...and guess what, that someone was going to be her. So I gave her report on my patients and went home.

    Ballsy, I know. I can't remember exactly when I did this, but I think I may have even been a new grad at the time.

    Mind you, doing this comes with some risks.

    One rub is finding someone qualified that you can hand your patients off to. You just can't give them to the CNA and expect to be off the hook. It would have to be another nurse that you hand off to or you could be considered as having abandoned your patients.

    The second is that doing this could get you fired. And if you get fired, don't expect the BON to intercede on your behalf as BONs tend to stay out of employment issues. I was lucky and didn't get fired. I also refrained from playing that card as much as possible and was usually willing to stay an hour or two late to wait for a replacement.

    IMO, if this is a regular occurrence at your facility--or starts to become one-- keep sending out more job applications.

    Currently, I guess I would be considered the "supervisor" for PM shift, as I am the only RN in the building. Otherwise, it's a med tech and a LPN
  13. by   Horseshoe
    I would be turning in my resignation the minute my manager arrived. They could have called an agency.
  14. by   sunshiny
    Some shifts in some facilities are very sensitive to call-outs or short staffing. Not fair, but obviously yours is one of them. Ususally, the solution is for a facility to staff nurses who take extra hours whenever possible and happily stay for a double (yes, they exist, more than you know). You have already figured out it's time to look for another job, and hopefully you will land a much better one!

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