Mandatory Overtime

Nurses LPN/LVN

Published

I just started working at a LTC facility in NY state a few months ago and they have this policy of "mandatory overtime" where if a nurse calls in and they don't have enough nurses for the oncoming shift, they can "force" a nurse to stay for the next shift, depending where your name is on the list. I have never worked at a facility with this policy, and don't see how it is legal to make a nurse stay and work a 16 hour shift, or how it is even safe, for that matter. Any thoughts?

Up Vote Up Vote ×

Legally speaking that sounds very concerning to me! Unless you signed stating you agreed to such terms than yes they might have the power to make you stay. HOWEVER, and this is a big one I have rarely heard of nurses being forced to stay for a 16 hour shift. There might be something in this policy that you are maybe misunderstanding? I would approach the situation smartly by going to your nursing director or supervisor and asking to see this in writing . My guess is that you might be persuaded to stay but unless it is your shift you are not legally obligated to stay because they are short .

Sincerely,

:-) Ermira malo

Up Vote Up Vote ×

Well, I almost got mandated to stay the other night. I was told that "if another nurse calls in, then you will be mandated." I have seen it done before at this facility, and there is rarely any notice...an hour if you're lucky. This whole mandatory overtime thing goes for the CNA's too, and they're in a union! They try to call it a "patient care emergency" so that if you were to refuse to stay, they would try and call it patient abandonment. To me it is just poor staffing, and a lack of trying to use other resources.

Up Vote Up Vote ×

Wldcherry!!!

That is absurd! You are in a union facility?

Up Vote Up Vote ×
Specializes in geriatrics, IV, Nurse management.

How odd - I know I've never been in one with mandatory OT, but if the next nurse didn't come in I've stayed and worked 16 hours before simply because no one else was available. I'm interested in what you find out Malo:)

Up Vote Up Vote ×
Specializes in Psych ICU, addictions.

OP: In addition to checking your facility's P&P, I would check with your state BON to see what your options are.

I had a little chat with a BON when one of my prior facilities got a little mandate-happy. This is what the Virginia BON (which covers both RNs and LPN/LVNs) has to say about it:

https://www.dhp.virginia.gov/nursing/guidelines/90-41.doc (full document)

Summary (cut and paste from the above document, underline emphasis is mine):

To summarize, patient abandonment can only occur after the care provider has come on duty for the shift and accepted his/her assignment. If the care provider leaves the area of assignment during his/her tour of duty prior to the completion of the shift and without adequate notification to the immediate supervisor, it is possible the Board would consider taking disciplinary action. However, when a care provider refuses to remain on duty for an extra shift beyond his/her established schedule, it is not considered patient abandonment should the provider choose to leave at the end of the regular shift, provided he/she has appropriately notified the supervisor and reported off to another provider.

So if I refused to stay after my shift, they couldn't nail me on abandonment grounds as the BON indicates it's not abandonment as long as I notified the sup and reported off.

HOWEVER, the employer could use my refusal against me come annual review times, scheduling, etc....and in an at-will state, termination. And the BON wouldn't interfere as it's not an abandonment issue but an employment issue, and BONs stay out of employment issues.

Most days, I accepted the mandatory OT. But a few times, I pulled out this regulation and (nicely, no attitude) gave my supervisor several hours' notice that I was leaving at the end of the shift and I'd either be reporting to whatever replacement she found me or to her. It almost never failed to get coverage in because thought of having to supervise AND take over a unit was usually enough impetus for a supervisor to dredge up coverage :)

But that's VA's ruling. See what the NY BON says.

Keep in mind that what the BON says may not protect you against disciplinary action by your facility if you go against facility P&P. Your facility may choose to discipline you if you fought against being mandated. But at least you know you'd be keeping your nursing license safe, which in the end is the more important thing than the job.

And another very important thing to remember: most BONs leave it up to the nurse to determine if a shift is unsafe enough for her/him to refuse...and should we accept the shift, then the BON will hold us liable. If you accept being mandated for a second 8 hour shift and something happens during it, the BON will not give you a get-out-of-jail-free card because in their eyes, you had the right to say No...but didn't exercise it.

Best of luck!

Up Vote Up Vote ×

It is legal and very common. It's just part of the job.

Up Vote Up Vote ×
+ Add a Comment