Getting clocked out while still working

mak2 · Sep 2, 2007

brenan, try to think about what is right. You cannot steal their money and they cannot steal your time. The administrators are obvoiously trying to get an extra free half hour of time from each of their nurses, by forcing a break during a busy time. They know nurses do the right thing and pass the meds and give the insulin when they should. When you say something they babble on in managemnt lingo about time management. If I was in your position I would do my job the best I could, at 1030 or what ever set time I would walk off the floor and out the door and return the exact min I was suppose to. I live in Indiana and have had to manage employees. One of the things I was expressly forbidden to do was clock out employees. Not ever, I could fire them and stop paying them them but they had to physically clock themselfs in and out on a daily basis. If i in any way implied they had to stay in the break room or could not leave the building I had to pay them. Forced working for free is not legal jsut as stealing money is not. I got in trouble once for inviting people over for a Christmas party and not expressing their attendence was not mandantoy and in noway would effect theri employment. Never let people push you around. An RN can get a job anytime almost anyplace. They need you much worse than you need them.

AprilRNhere · Sep 2, 2007

You should also be very careful about doing pt care while techinically clocked out. IF something were to happen...what would the liability be there? There's definately a problem with that system.

joyflnoyz, LPN · Sep 2, 2007

Where I work, the 30 minute "lunch" is automatically deducted from time each day. If I am unable to take it, I fill out a form to get paid.

If the time is not yours to do with what you wish, they HAVE to pay you for it.

Bridey · Sep 2, 2007

I don't believe it's legal for them to clock you out, but it also isn't reasonable for them to require that you take a break when you cannot leave the floor. If they want to clock you out, you should leave the floor at that time and take a break. Regardless of what's going on.

I think doing patient care when you are technically clocked out would be more difficult to explain should something bad happen during that time than being a little late doing accu-checks.

I hate when Administration gets involved in making set break times for the nursing staff. Sometimes what we have to do in a day doesn't coincide with when they deem is an ok time to be taking a break. Maybe it's insubordinate of me or whatever, but I take a break when I have time for one and when I absolutely need one. We're all adults and as long as the patients are getting the care they deserve I think the Administration ought to let the nursing staff govern themselves when it comes to breaks.

I don't know how much good it would do there, but if enough nurses have an issue with the set break times maybe you could collectively call a meeting with the Administration to explain why the time they've deemed "break time" isn't reasonable based on the patients needs. That way you could potentially come up with an alternative time.

Starr1966 · Sep 2, 2007

hi,

i don't think its legal for them to do that. my biggest concern would be if something happened while you were working and they clocked you out. if you got injured, it wouldn't be covered by the facility more than likely. if something happened to a patient, who would be liable? would they stand behind you since you were clocked out?

there should be something done about this practice and they should know better than to be doing something like this:nono:. if it was me, i'd discuss it with whoever is doing it and if it continued, i'd go higher up in the chain of command. if it still isn't resolved, i would be looking for a different job.

i hope you get this worked out.

justme1972 · Sep 2, 2007

Think about it this way...it shouldn't matter to you what time of the day that they clock you out...as long as some point in the day you get your 30 minute break, then it comes out the same money.

If you are not getting your break at all, then they are stealing money from you.

Keep in mind that the hospital MUST provide breaks/lunches in accordance with the state law depending on how many hours are worked. The ultimate responsibility of the timekeeping is actually the employers, regardless of how much they try to blame the employee.

The reason that they have raised it to a terminable offense is because they are probably getting heavily fined for it when they have to provide evidence of timekeeping during labor audits.

Just document your actual time every day at home, so that you have a record that their timekeeping practice is shoddy, and in order for you to keep patient care on schedule...it's not in accordance to when you are actually working.

kat7ap · Sep 2, 2007

Every place I have worked they automatically deduct 30 mins from each shift for your lunch break. Although I have never had set times when I had to break and there have been many occasions where I was unable to take my break. If I was unable to break, it was my responsibility to fill out a time card exception stating that I did not get my break on that shift and then I would be paid for those 30 mins.

In your situation it sounds like they are scheduling your breaks at times that you are completely unable to take them as you should. If I were you, I'd rally together with some other nurses and have a serious meeting with management to attempt to resolve this issue. If that fails and they continue to not pay you for your time or not allow you break, contact your state labor workforce, because what they are doing is illegal and you are owed that money. Just be sure to keep a journal with exact dates and times so you have hard evidence.

pagandeva2000, LPN · Sep 4, 2007

As others have stated, I would be concerned about something happening that can hurt you legally if you were clocked out and was unaware. It is different if you clocked out on your own, but, if they are doing it, that is not fair to you.

If there was an emergency on the floor at 10:25am, it would be unethical for you to walk off to take a break in the middle of it (not saying that is what you are doing), so, it makes better sense to take the break when time allows, as least, to me.

We sign in and out on my job, and there is no signing out for lunch; it is scheduled on the assignment sheet. However, if I am in the middle of patient teaching (I work in a clinic), or about to administer a vaccine, I wouldn't dump the patient on another nurse to go to lunch, I would complete that task, including the notes, then, tell the charge nurse what happened and ask if it is okay to take the break, when I am finished with the task I had to do. If we don't get lunch, we then fill out an overtime sheet along with an explanation of why we could not get a meal.

Please get them to clarify what they mean. I would ask them directly, because at times, rumors have all sorts of weird things added to it.