Is leaving the premises and coming back considered job/ patient abandonment?

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I work at an assisted living facility during the night from 6pm-6am (12 hours) where its only one nurse on duty (me). I would like to know if I left the building for less than 30 minutes to get something to eat and come back and I notified the caregivers I was leaving and coming right back AND to call me if anything happens is still considered job or patient abandonment??? I thought leaving the premises and NOT coming back at all was considered abandonment.

I was written up and threatened to be reported to BON for abandonment if I left the premises again. Also my employer takes 30 minutes out of my 12 hours time for a break (when I dont truly get a break) since I cant leave the facility. Doesnt seem fair

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In my experience and understanding, yes. If you leave your assigned clients without reporting off to another RN (or LPN, if that's the case -- another person at your same level of licensure) who will be responsible for them while you're gone, that's abandonment. It doesn't matter that you're coming back -- the issue is that you're not there to respond to their needs while you're gone. There wouldn't necessarily be any significant repercussions unless something gawdawful happened while you were gone (although, if your employer is threatening to report you to the BON, that's "signficant repercussions"), but, if it did, you wouldn't have a leg to stand on legally.

I have worked 12 hour (or 16 hour) shifts on a few different jobs over the years where I was the only RN and there was no one to relieve me -- I just brought my meals with me and planned to not leave the unit during my shift. I took my meal breaks in the break room, and put my feet up and read/relaxed for my break time -- but I was still on the unit, the other staff knew where I was, and they knew to come get me immediately if anything significant happened or looked like it might happen.

I currently work in a facility (psych) where there is typically one RN on a unit at night. Since starting here, I have insisted that the night supervisor relieve me if I need to leave the unit (my usual unit doesn't have a staff bathroom, so I have to leave the unit to use a bathroom!), but most of the nurses feel v. free to leave their units and wander around the building to visit friends on other units, get a snack, or take a smoke break in the parking lot (I'm not aware of anyone leaving the grounds, but just leaving their unit is bad enough ...). I've questioned this repeatedly and been told that, yes, it's probably a bad idea, but that's just the way everyone is used to doing things there (some of the supervisors have been pretty nasty about relieving me, like I'm making some kind of unreasonable request and I'm in the wrong to refuse to leave my unit without an RN!) But I just heard this week that everyone got told recently that that is definitely not acceptable (leaving your unit without an RN, even for short periods of time), because the facility got into big trouble with JCAHO about this (duh!!!)

I agree that docking your time for a break without making it possible for you to take a real break seems unfair, but the abandonment issue is legit.

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yep, it's abandonment. You left the facility with no nurse to relieve you or cover for you. It doesn't matter that they could reach you by phone;what if there was an immediate emergency while you were gone or you were in an accident during your 30 minutes?

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Specializes in Certified Med/Surg tele, and other stuff.

I take it you don't have a union? The facility should be paying you for your time if your break is interuppted. That technically isn't even a break!

We are negotiating our contract at the present and have that negotiated in for our supervisors.

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Specializes in LTC, Hospice, Case Management.

You need to find out what the licensure requirements are for your type of facility. Assisted living is often different & doesn't require 24 licensed nurse coverage. The regs in my area require only that a nurse be able to respond to the facility within 30 minutes. But of course, you do still have to follow your employer policy even if it is more strict.

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Specializes in NICU,ICU,ER,MS,CHG.SUP,PSYCH,GERI.

If you are not getting paid for a lunch break, then you can take 30 minutes and do whatever you want to with them. Common sense says to tell another nurse that you are taking your lunch break,inform her of your patients and their condition,and of any needs that might arise during your absence,but if you clock out or sign out and can get to China and back, then no one can say anything to you. If you are not getting paid for the time, it is your time.If you are restricted in any way, then your employer must pay you for your lunchbreak. Check the labor laws. I worked a Medicare Geropsych unit. The management would not let me leave but did not pay me for a lunch break.I kept telling them that they had to, and after a few months I got a big amount in lunch compensation on a check. If you arer getting paid for lunch, then yea, you have to be available to everyone during your lunchtime.

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Specializes in LTC.

I work in ALF also and im not 100 percent sure about the rules of leaving the building.

I personally dont feel comfortable leaving the building for break if im the only nurse working.

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Specializes in M/S, MICU, CVICU, SICU, ER, Trauma, NICU.

You need "equal" coverage...so yes, technically. If something had happened, heaven forbid, you'd be up the creek.

Seems like you need to speak with the Labor board......

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Specializes in Oncology/Haemetology/HIV.

I would say that it is abandonment. You do not leave the floor if you are not covered by a nurse capable and qualified to do your job. And I agree that your employer should not dock you for breaks, if you cannot leave the unit for your break.

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Specializes in LTC.

Hello,

I work in a LTC facitlity. If we don't get a chance to take our lunch (which is often) we fill out a time edit slip stating that we didn't and the facility pays us for the half hour. There are actually some staff memebers who didn't get to take the lunch and filled out the slip and the facility still took out the half hour. They called the labor board and the labor board said that what our facility was doing was wrong, and is going to look into it.

I would call your labor board and talk to them.

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In California, leaving without reporting off, is abandonment. Have your employer put the policy in writing, if a policy does not already exist. Then file a lawsuit (see Industrial Welfare Commission Wage Orders) for unfair labor practices and you will be paid for all missed meals. It makes no difference if you took a break or not. Once you clock out, the time is yours to do whatever you please, if you are not allowed to leave, you must be paid. Also, being 'on-call' by pager, phone, etc. during lunch is paid time.

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Specializes in Med-Surg/Oncology.

I work in a hospital so that's all I have for my frame of reference, but we are not allowed the leave the hospital while on the clock and caring for pts. That makes it "illegal" for a nurse to go outside and take a smoke break. The thinking is that if you are outside of the hospital, you cannot hear an emergency called over the intercom - so, if your patient suddenly codes, you'd have no idea. Leaving the premises entirely means you not only would have no idea, but, even if someone called you and told you to come back, it would take you at least 5 minutes to get back. That could be fatal for your patient, who needs you there right then. It's a dangerous situation leaving even one patient unattended for 30 minutes with no licensed staff member to watch over them.

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