NY Mandatory Overtime Bill questions

Nurses General Nursing

Published

First off...thanks to all nurses who fought to get this bill enacted. I am a relatively new nurse who is exhausted with all the mandation. Where I work, they use it as a form of scheduling. In other words, they abuse mandation with no thought to us as human beings who want to go home to our families. Anyway, I am trying to get as educated about the law as possible. My boss seems to think it does not pertain to LTC facilities. What recourse do we have if our facility is non-complient with the law? That is the direction I think we are going. I have a call out to my State Board of Nursing but they have not called back. Does anyone have any links to information? I am tired and truely fear making a serious med error. I work 3-11 and get mandated 11-7. It is scary to do insulins at 600 when I am tired and my mind feels "fuzzy". Thanks.

metfan

144 Posts

OK...now I am really discouraged. I just got a call back from the SBON. They have no information about the law! They recommended that I call my Assemblyman or Senator to get a copy of the bill. The SBON said it is not readily available? She also stated that most facilities are not concerned about the law because they do not believe it will effect them. Apparently, they feel this way because they have not been informed about the law. She also stated that the new law probably will not effect them for awhile. What the heck? No wonder why my facility is not concerned. This has me very upset. When I tried to ask more questions she said "I know just as much as you do". I guess I am off to call my senator. Colleen

canoehead, BSN, RN

6,890 Posts

Specializes in ER.

Hey, can you let us know what you find out? I'm interested in why it won't affect anyone if it has become law. Maybe they're counting on no one reporting them after they fire anyone who tries to hold them to it.

pagandeva2000, LPN

7,984 Posts

Specializes in Community Health, Med-Surg, Home Health.

Do you live in New York? I have always found that the BON in NY has answered questions promptly and sent memos related to my questions. Maybe this is new. But, I can also say that facilities try to get away with as much as they can with or without direct information from the BON.

metfan

144 Posts

Yes, this is New York State. The BON was not very helpful. I have calls out to an assemblyman, senator and the New York State Nurses Association (NYSNA). Hopefully, I will get information. I want to be as informed as possible. Mandation is killing me and my family. It is definitely being abused where I work.

pagandeva2000, LPN

7,984 Posts

Specializes in Community Health, Med-Surg, Home Health.

I don't blame you. I never said that I trusted the BON...I guess that the questions I had were easily answered, but what they stated versus what is practiced at my hospital is anyone's guess. I hope that you get the answers you need and if you wish, please share them so, us New Yorkers can be in the know.

metfan

144 Posts

Ok...I found more interesting information. This web site is helpful. I still have question like: How do I get proof that they have tried to get agency or per diems to come in? and What does regular/routine sick calls mean? and Where can I get a Protest of assignment form. Lately where I work, they have been messing up the schedule stating that a nurse was suppose to come in. However, when they call said nurse, they state that they were never on the schedule. Then they mandate someone. Are they messng up the schedule on purpose so it looks like an "emergency"?

My supervisor just told me the other day that they can still mandate if the have a call in. According to this article that is not true. I have a call out to the number at the bottom of the article. I'll keep you updated.

http://www.nysna.org/images/pdfs/practice/mot_FAQs.pdf

AllSmiles225

213 Posts

Specializes in Trauma & Emergency.

Well there is actually a very gray area in that article that you are referencing. It states that "vacation, sick calls, bereavement" are NOT considered emergencies and therefore are not excuses for use of mandation. But the article does go on to say that they CAN mandate someone IF no alternative staffing is available. Please..I leave in NY too and I think we all know that it will be pretty simple for the facilities to make it look like they called for per diems or give someone else an extra day off and then keep mandating people. It will be a while before the state actually figures out a system to make this actually work.

metfan

144 Posts

http://www.nysna.org/publications/newyorknurse/jun/mot.htm

Here is another link for anyone interested. Under patient Care Emergency it states "The DOL has issued a memorandum stating that regular or routine sick calls, vacations, breaks during shifts, holidays, and leaves of absence are not emergencies, as they can be prudently planned for." I know my place of work is not going to comply. I am a working mother or two. I am also a college student. All I ask is that I can go home to my family when my shift is over. I am tired. Administration gets to go home when their shift is over. Yes....I am bitter. Unfortunately, NYSNA has yet to return my calls.

kcochrane

1,465 Posts

NY
enacted legislation that prohibits a healthcare employer (excluding home care) from requiring a nurse to work more than their regularly scheduled hours, except during a healthcare disaster, natural or other that increases the need for healthcare personnel unexpectedly, affecting the county in which the nurse is employed or in a contiguous county; or where a healthcare employer determines there is an emergency and has made a good faith effort to have overtime covered on a voluntary basis including, but not limited to calling per diems, agency nurses, assigning floats or requesting an additional day of work from off duty employees. Another exception includes an ongoing medical or surgical procedure in which the nurse is actively engaged and whose continued presence through completion is essential to the health and safety of the patient. Nothing in the law shall prohibit a nurse from voluntarily working overtime. Refusal to work beyond the regularly scheduled hours shall not constitute patient abandonment or neglect.

(2007)

Just a little more info. This would indicate that LTC facilities are NOT exempt from this law - only home care nurses. That would make sense, because in the case of a facility you would only be working short. In the case of a home care nurse, the patient would have no nurse.

I really don't think a lot of facilites are up on this new law. My facility seems clueless.

http://www.nursingworld.org/MainMenuCategories/ANAPoliticalPower/State/StateLegislativeAgenda/MandatoryOvertime.aspx

Batman24

1,975 Posts

I'd get out of there. This doesn't sound like it happens once in a while but on regular and long-term basis. You're putting your license at risk and more importantly the patients at risk. Get out.

NorthernRose

42 Posts

Metfan and kchochrane-Thanks for all the links! From the sounds of it you and I work for the same place!

We (the LPN's) have asked repeatedly what the plan is come July 1st. There is no plan but to

keep on mandating the LPN's for 4-8 hours of OT. We have been told, we can continue to be

mandated because mandatory OT is allowable in our union contract. I had no idea that a

union contract could supercede state law. With the holiday weekend coming up, Im sure

this will all be put to the test. Management is telling us we are fully staffed, I don't see how

a total of 5 nurses can be considered fully staffed for night shift. The weekends come, 2 nurses

have it off, leaving 2 nurses to fill 4 positions (I know 2+2 makes 4 not 5, but the 5th is an RN Super.

who gets every weekend off). I do not mind doing a reasonable amount of OT, if given a reasonable

amount of notice. Calling me at 7am, when I'm reporting off, is not reasonable!! I have suggested

to co-workers, just state, "I am no longer safe to care for the residents."

Good luck all around in this!

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