really need advice.

Specialties Home Health

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Hi all. I have tried to look up florida statutes re patient abandonment. I am in school for lpn while working as a home health cna, as an independant contractor. The agency is aware I am in school and does not seem to take kindly to that. I am on a high profile case, with 2 other regular cna's. When I need a replacement for relief in time to go to school, there always seems to be an issue, the agency cannot find cna's that will agree to the case because of the nature of it. That being said, when they do find a replacement for my days off, they are told specifically to show up 2 hours late. I am told I cannot leave (even though the patients family does live in the house and are competent for the patients care) they keep threatining me with patient abandonment if I leave on time. I have had them make me stay as long as 72 hours while waiting for relief when my shift was only 24 hours, again with threats of patient abandonment. I need to know if this is a valid threat, and if so or not, where is the statute that states this specifically so I have a valid resource. I cannot simply "switch jobs", I am the only source of income for my family, and cannot make as much at another job. What I need is facts, so I can present them (or not) in a proffessional mannor. Any help is deeply appreciated. Thanks.

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I'm sorry this is happening to you. I suggest starting with the Florida BON for guidelines regarding the patient abandonment question. Also, I suggest you check the federal department or labor website for information about the laws governing work hours and such. Home health is a gray area because it's a 24/7 job, but there are federal guidelines about how many hours you can work in a given period.

I know you are saying you can't switch jobs, but I really think you might want to consider putting out some feelers for another job. The reason I say that is that it sounds like a horribly toxic and unsupportive work environment and I don't know if it's worth even fighting them on this. What would be the point? They'll still find ways to make your life miserable.

They are probably very well versed on the laws governing your work schedule, and on patient abandonment (and it sounds like they are full of hot air with the patient abandonment issue) but they are flaunting them, and they can get away with that because you are an independent contractor, so even if you present them with evidence of your rights, I'm not sure if you'll get a response other than that you can either stay or leave.

Is it possible to find a job with an agency that will be willing to work with you and your schedule? Home health employment is a kind of fluid thing, and one of the benefits should be that you have some flexibility with your schedule.

Best of luck.

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Specializes in COS-C, Risk Management.

You can also try the Florida Home Care Assoication at www.homecarefla.org. They will probably be a lot easier to reach than the BON and will have info specific to home care.

Best wishes.

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It is a shame this is happening to you but the only recourse you have is to find another job. Employers flaunt rules, policies, and laws every day when it suits their purpose. It would do you no good to present anything to them. Employers who refuse to pay valid overtime often end up on the receiving end of class action lawsuits. Still they break the law. Employers count on your reluctance to jeopardize your livelihood in order to walk all over you. The sooner you look for a new job, the sooner you will breathe easier. If you convince yourself this is the only way to remain employed, you must deal with the situation.

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thanks for all the great info :) I'm currently praying my husband can pick up a part time job, and if he gets hired, this will allow me to find employment elsewhere. I only have to make it through September, and, luckily my school is aware of the situation. My boss actually sent a nasty fax to them telling them I need to be at work. In reply, my school sent one back to her regarding the laws, and is working with me for make up days. I'm working 3 weeks ahead of the class at all times in case I need to miss a day as it is. I just got the news from my school a few hours ago, and I consider myself lucky they are working with me. Ah, six more months and I'll be able to quit this job and breathe easier. By next April, I'll be an lpn and look back on this and smile. At least thats what I keep telling myself. ;)

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You are blessed to attend a school that is so willing to work with you. My school treated me in the exact opposite manner. When I went home to help my mother when my father died, I was told by the Director, that I would fail my nursing courses. Now what person wouldn't go home when a parent dies? Continue to work with your school and do your best to keep interference to a minimum. Good luck.

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System duplicate

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
thanks for all the great info :) I'm currently praying my husband can pick up a part time job, and if he gets hired, this will allow me to find employment elsewhere. I only have to make it through September, and, luckily my school is aware of the situation. My boss actually sent a nasty fax to them telling them I need to be at work. In reply, my school sent one back to her regarding the laws, and is working with me for make up days. I'm working 3 weeks ahead of the class at all times in case I need to miss a day as it is. I just got the news from my school a few hours ago, and I consider myself lucky they are working with me. Ah, six more months and I'll be able to quit this job and breathe easier. By next April, I'll be an lpn and look back on this and smile. At least that's what I keep telling myself. ;)

We cannot give legal advice as per TOS. I strongly suggest you talk to a lawyer for if they do charge you with abandonment you may never get to use your schooling.

Medical abandonment results when the caregiver-patient relationship is terminated without making reasonable arrangements with an appropriate person so that care by others can be continued. An example of a legal definition states as follows:

"Abandoning or neglecting a patient or client under and in need of immediate professional care, without making reasonable arrangements for the continuation of such care, or abandoning a professional employment by a group practice, hospital, clinic or other health care facility, without reasonable notice and under circumstances which seriously impair the delivery of professional care to patients or clients."

Some of the factors considered include:

  • Did the caregiver accept the patient assignment, creating a caregiver-patient relationship?
  • Did the caregiver provide reasonable notice before terminating the caregiver-patient relationship?
  • Could reasonable arrangements have been made for continuation of care by others when proper notification was given?

In most cases, the following situations are not examples of abandonment:

  • Refusing to accept responsibility for a patient assignment(s) when the caregiver has given reasonable notice to the proper agent that the nurse lacks competence to carry out the assignment.
  • Refusing the assignment of a double shift or additional hours beyond the posted work schedule when proper notification has been given.

The term "patient abandonment" is not expressly defined or mentioned in the Florida statutes, regulations, enabling legislation and practice acts creating and regulating health care occupations. However, being guilty of such conduct can fall under the general umbrella of "unprofessional conduct", which can subject the licensee to disciplinary action as well as civil liability. https://www.flrules.org/gateway/ChapterHome.asp?Chapter=64B9-15

This stems from the Florida Patient's Bill of Rights as well as general common law principles. Related Florida Statutes and Rules - Florida Board of Nursing - Related Florida Statutes and Rules

As the law varies from state to state and home health is different FL seems to have some vague laws which will not protect you. Since this is a "high profile case"....I'd talk to a lawyer AND get another job. Even an accusation can hurt you. The families tactics of intimidation and threatening can be of issue. There are labor laws they maybe violating. What a mess...and you are an"independent contractor".

You need to talk to a professional.

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One point: OP did not say that the family was threatening her, but that the company that she works for is threatening her. Her only comment about the family was that the times when she needed to leave and her replacement was not there, the family WAS there. I do not see how a CNA can be accused of abandonment if they client is left with family. There is not much that a CNA can do that a family member could not. Many a family member has provided the same care, out of necessity that a CNA does, and they do it without training.

I agree seek legal advice from a professional, but at the same time I would find another agency to work with and give my 2 weeks notice!

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Specializes in LTC Rehab Med/Surg.

I would have quit after the first 72 hr shift.

I find it hard to believe that anyone else would go back after such gross abuse

of an employee.

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