Private duty school nursing transport pay

Agency refusing compensation from school back to my car.

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Specializes in Pediatric home care.

Hello all.   A little background:  I have been on a private duty case for sometime where I drive to a patient's home, get her ready for school, get her on the bus to school, follow the bus to school in my car, monitor during the school day, get her on the bus to aftercare, follow the aftercare bus in my car to the aftercare program location, remain with the patient until my 8-hour shift end, then drive home from there.  I have variously accompanied the patient on the bus and home, but with aftercare and other programs my agency and the parent has requested I drive as my shift ends before the patient's day, she is left in the care of a designated caregiver at the afterschool program.  

Last week another driver hit my car en route (no injuries) and now the powers that be have asked me to ride the bus to both locations, leaving my car at the patient's home for the day.  Because my shift ends before the patient's time at aftercare, a family friend of the patient will drive me back to my car at the residence while the patient remains in aftercare.  My agency shifted my hours so I come in earlier and still work my full shift, but will not compensate me for the transport time from the aftercare location back to my car at the residence.  Last week waiting for the ride and ride time extended my commute from 30 minutes to 1 hour 30 minutes.  

Is it legal to not be paid for the transport time back to my car at the patient's residence?  With thanks.  

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Specializes in Urgent Care, Pediatrics, Home Health.

I am not sure of the legality behind this, but I absolutely do think you should be getting paid for that time. While I understand you are not with the patient during that time, needing transportation back to your vehicle is a circumstance beyond your control. I would have a talk with the agency about this if I were you and see if you can go back to driving there yourself if they will not compensate you for the extra time. Good luck!

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Specializes in Vents, Telemetry, Home Care, Home infusion.
Local nurse said:

Is it legal to not be paid for the transport time back to my car at the patient's residence?  With thanks. 

Unfortunately,  per the US. Federal Governments travel time regulation 29 CFR § 785.35, employers are not legally obligated to pay employees for time spent traveling from their homes to their job site before the workday begins, or traveling from their job site to their homes at the end of the workday.

You are best served to resume previous work routine as can INCLUDE MILEAGE  deduction on your taxes:  65.5 cents/mile 2023 rate if not paid by employer.

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Specializes in Pediatric home care.

Thanks for your responses.

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