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

If you leave during your lunch, NO, it's NOT abdonement. Plain and simple. No ifs, ands, or buts about it.

Please don't let anyone else tell you otherwise.

For some reasons, nurses have been brainwashed to believe they aren't allowed to have a mind for themselves and must be slaves to the facility they work in. Legally, if I'm out to lunch, I could run down the street to the local strip club, work the pole, and then come back to work (as long as I'm on lunch).

P L A I N and S I M P L E.

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If you did not hand over care of your residents to another nurse, yes, you committed abandonment.

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Specializes in Emergency, Trauma, Critical Care.

This actually happened at my old employment. I was an LVN on night shift, and I was not allowed to leave the premises because there was no other licensed staff to report off to, however, they would take 30 minutes out of my shift because of "lunch." Well it wasn't truly lunch if you couldn't leave the premises. I quit after four months and found out another nurse had reported them (I was green back then and really didn't know the rules). Anyway, all nurses were now paid that half hour for their lunches because there was no other licensed staff during their break.

So: you can't leave without relief, BUT they by law should be paying you a half hour of overtime everyday.

It could vary by state though. I'm in California

Oh, this was a nursing home though, I just noticed you work at an ALF, most ALF's aren't required to have 24 hour nursing care. I had to take a two hour lunch when I worked at one of those. I usually went and saw a movie or shopping at the mall....

Sounds like your work is bogus. Either way: if you have to remain there they have to pay for your lunch, but I don't think an ALF would require a licensed nurses 24/7. We only worked 7 to 5.

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Specializes in Trauma, Teaching.

Lots of conflicting opinions, but that is just what they all are: opnions. You need to call a lawyer, familiar with health laws and explore your options.

My opinion is that if you don't have another professional to cover for you, yeah, you're in trouble. The facility that expects you to work without pay or coverage is also in trouble. I see them threatening you and not actually reporting you as a scare tactic; they don't want it known you aren't getting paid/covered.

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I work in an assisted living facility, but as a CNA. I am the only one here during my shift for 72 hours straight and I can't leave unless another employee comes and stays. Its kinda hard because there are only 3 other employees.

I don't know about in every state, but here, if an employee is NOT paid for their 30 minute break, they cannot be forced to stay on the premises during that break. If you are required to stay on the premises, the break MUST be paid.

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Check the labor laws.

I know that technically if you are required to be on site, you are required to be paid. I can't remember if this is my state or if this is a federal law.

But it is extremely reasonable.

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Specializes in OB, ER.

You can't just leave those patients without a nurse for 30 min. What happens if one codes, falls, ect. Do they just wait for lunch break to be done? Someone could die! Send a CNA or someone out for lunch if you must.

As far as lunch goes we have an unpaid break and we are NOT allowed to leave the hospital. I don't know laws or anything but that is our policy. If we don't get an uninterrupted break we fill out a form and do get paid.

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Specializes in LTC, Hospice, Case Management.

It is amazing to me how many don't read the OP closely enough to know that this is a topic on assisted living and therefore hospital protocols do not apply! Apples to oranges.

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