law on being sent home??

Jolie, BSN · Mar 22, 2005

Hello,
My mother's a nurse in Illinois and had a question on this. She was all prepared for her shift, got to work, and was told to go home because she wasn't needed. She was wondering if there is some Illinois law on salary that requires them to pay her, even though they didn't need her. Her defense is that she was all set to work her shift and ready to go, and they didn't bother to call her earlier to cancel, and they didn't pay her for this shift.
I'm in the computer field so I know nothing about nursing laws, etc.
I appreciate any insight or info on labor laws, etc.
Thanks,
Jac

To my knowledge, there is no legal protection in IL against what you describe. If your mom is a union member, she can seek information from her union representative on whether or not this is allowed by the facility's contract. Se might also review the hospital's policy and procedure on cancellation of staff to see if they may have violated their own policy. Other than that, she probably has little recourse.

She was treated shabbily, and should make it clear that she will not tolerate it in the future, but I doubt that she has any legal protection.

Speculating · Mar 22, 2005

Hello,
My mother's a nurse in Illinois and had a question on this. She was all prepared for her shift, got to work, and was told to go home because she wasn't needed. She was wondering if there is some Illinois law on salary that requires them to pay her, even though they didn't need her. Her defense is that she was all set to work her shift and ready to go, and they didn't bother to call her earlier to cancel, and they didn't pay her for this shift.
I'm in the computer field so I know nothing about nursing laws, etc.
I appreciate any insight or info on labor laws, etc.
Thanks,
Jac

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I don't believe there is any law on the subject. One hospital I worked at had the policy that if they didn't call you off and you were not needed and asked to go home within two hours into your shift they had to pay you for four hours shift work. I realize your friend is angry, but I don't believe this is a battle you should fight because in the long run she may end up not getting any hours at all you understand what I'm saying.

barefootlady, ADN, RN · Mar 22, 2005

This does happen from time to time. Most places pay 2 hours to reimburse for travel time. I do not know what they do in Illnois, but your mother should talk with HR/benefits and find out.

She needs to remember this when they practically demand her to work overtime, and say a simple NO. Being treated fairly goes both ways.

elkpark · Mar 22, 2005

It is my understanding that Jolie is right; unless there is a union contract, the hospital is free to do whatever it likes. "Calling off" nurses is a popular cost-saving technique for hospitals -- some choose to pay for travel time if the person has already come in to the hospital, but they are not obligated to do so. I have seen situations where nurses were routinely sent home in the middle of a shift because census had dropped and management felt they weren't needed for the remainder of the shift.

I also agree strongly with barefootlady about remembering this the next time the hospital wants you (your mom) to work overtime!

RNKPCE · Mar 22, 2005

At my unionized hospital that have to call one hour before the shift starts to cancel you or they must pay you at least 2 hours. Per diems are cancelled first if there are no volunteers. Yes you can get sent home early. Usually we have enough volunteers but if not per diems first then by who has been cancelled the least in the past 90 days. If two staff members have been called off equally the least the least Senior person goes home.

However if two people equally want to go home early and have equal cancell time then the most Senior person gets go go home. Confusing but that is how it works

Yeah, this doesn't happen in many other fields.