Mandatory night rotation - legal?

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I work the day shift in a smallish community hospital (nonprofit). We are unionized. Our contract does have language that allows for days to rotate to nights in the event of a night shortage. I have worked here for 10 years and have never been in this situation and so have thought nothing of it. About 5 mos ago we lost our night nurse. We have had a traveler for part of that time and another one is coming in Jan. We have been filling in - each of us usually picks up 1-2 nights/wk to minimize the stress for one another. This is extremely hard on me and many of my co-workers. My body clock is such that I can only sleep between the hours of 8pm - 5 am. I am incredibly sleep deprived when I have to work nights (patient safety?) and the half hour commute home in the morning is downright scary for me. Here is my question - do we have a good chance of ending this practice if management is put on notice that we are doing this under diress and that, regardless of what the contract says, we cannot ensure safe patient care in our sleep deprived state and that, further, we are not safe to drive home. If everyone affected by this signed a statement to this effect would they not legally have to stop this practice if only to protect themselves? Any lawyers or nurses out there with any opinions or experience on this matters? Thanks!

Specializes in Specializes in L/D, newborn, GYN, LTC, Dialysis.

If I am working nights, I don't go to classes or meetings midday. No one asks dayshift people to attend classes at 2 a.m. do they?

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Specializes in NICU, PICU, educator.

Our day shifters can be rotated up to 25% of their time and when off shifts need covered that is what happens. They put up a stink, but there is nothing to be done.

When night people have a meeting or whatever, they are always scheduled the day before off so that they aren't doubling back or staying...our scheduler is great about that!

We have people that will call in on their rotation, but then they are the first to be rotated the next time, so calling in just to do it doesn't fly in our unit either.

Sometimes you just gotta do what you have to do.

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Specializes in Education, Acute, Med/Surg, Tele, etc.

When I sign up for a job with a facility, it is understood that I will NOT work night shifts...that is in my contract at the start or I will not work there.

I have family, and with a hubby that works as a paramedic (odd shifts, mostly noc, can be over 2 hours late coming home) and my child can not be alone in the home. Therefore I can not take on a job that is late night. But even if I did not wish to work nocs...I would state that up front and put that into my contract (with whatever other conditions I have for employement) before my first working day.

I learned this through many RN's, and personal experience. IF there are things you do not wish to do, or simply will not do (for personal/ethical/moral reasons) then that must be in your contract right off the bat, if the employer is unwilling or a comprimize is not achievable...then I will not work there (it is also a sign to me that they do not feel I am a professional, and more than likely will be fully taken advantage of working there!).

Good luck to you...if you feel you need to stop these night shift stents...speak up for yourself via your union, because I am sure you are not alone...

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When I sign up for a job with a facility, it is understood that I will NOT work night shifts...that is in my contract at the start or I will not work there.

I have family, and with a hubby that works as a paramedic (odd shifts, mostly noc, can be over 2 hours late coming home) and my child can not be alone in the home. Therefore I can not take on a job that is late night. But even if I did not wish to work nocs...I would state that up front and put that into my contract (with whatever other conditions I have for employement) before my first working day.

I learned this through many RN's, and personal experience. IF there are things you do not wish to do, or simply will not do (for personal/ethical/moral reasons) then that must be in your contract right off the bat, if the employer is unwilling or a comprimize is not achievable...then I will not work there (it is also a sign to me that they do not feel I am a professional, and more than likely will be fully taken advantage of working there!).

Good luck to you...if you feel you need to stop these night shift stents...speak up for yourself via your union, because I am sure you are not alone...

Thank you for your response. You raise some really good points and outline a viable option for the future. Appreciate the constructive advice.

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Hi everyone,

I am happy to notice that some nurses share my opinion about the rotation day/night.Besides,I don't understand why it's difficult to find a 10/12hrs night shift in Med/Surg unit.It may solve the issues of night/day rotation!

Good luck!:wink2:

Joun.

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Reading this post makes me- a future nurse, hopefully- ask: Is night shift an easy shift to find for night owls like me? I dread being stuck on days!

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Reading this post makes me- a future nurse, hopefully- ask: Is night shift an easy shift to find for night owls like me? I dread being stuck on days!

If you have an RN license and want to work nights, you'll have no problem whatsoever finding a job!

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Specializes in Trauma, Teaching.
Reading this post makes me- a future nurse, hopefully- ask: Is night shift an easy shift to find for night owls like me? I dread being stuck on days!

It's great! We get paid more, tend to have to deal with the public less (well not in the ER, but when I used to be on the floors:chuckle), definitely less adminstration around, fire drills only happen at 6 AM, and at my hospital, a quarterly bonus for signing a nights only contract, waiving the union contract requirement to let us have a turn at the day shift! (that's part of the contract too, lol).

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I am a night nurse and choose to work nights but it is very frustrating for me when I need time off or if someone on my shift calls out. I usually don't get my requested holidays because of "staffing issues" and we work short when someone calls out even though there is mandatory overtime (2 nurse for a 19 bed trauma 2 Ed is considered safe). There are 6 nurses on days 5 on evenings and 3 on nights it does not matter that nights has been as busy as days for weeks now. Because of it I only got one of 3 weeks vacation time this year and never could I get a weekend day off. I too still have to attend day courses and meetings (my choice is work the 12 hr night shift before the course and then go to the course or take the night off before the course do the course then work 12hr night shift). Days does not have this problem nor do they have any trouble getting replacements when they need time off or call out. So give the night people a break when they ask for help with a shift or you will lose all your permanent night nurses for good

Now that I've adjusted to nights, I have a really hard time making it through days. But I'm still expected to suck it up and go to classes/meetings/etc. during the day. Yup, at 9am, my body says it's time to go to bed. Just like yours does at 9pm. But if I want to keep my job, I do what I have to do. Patients need care, suck it up and work the night shifts. It will be over soon. Do what you have to do and get the sleep when you can, just like I do when I have to do a class or meeting during the day at work.
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