Required to stay at hospital with no pay

[Brdnfrd]

Hello,

Recently I was required to stay at the hospital during a major blizzard. They stated that it was a Code White. I was allowed to sleep in an empty room. I understand this is policy but I was surprised that I was made to clock out and not paid. So I stayed an extra 15 hours and received nothing. Is this even legal? Any help would be greatly appreciated.

[Asystole RN]

You seriously comparing a 10 minute tornado warning to a 12 hour mandatory "don't leave the hospital because we want you here tomorrow (or tonight) just in case scheduled workers don't show up."

I've been through blizzards and tornados in many states. I'm starting to think you've experienced nothing but a tornado warning this one time.

And no, the hospital cannot keep visitors from leaving during a blizzard or tornado. They can advise, they can ask, but they can't make them stay or take punitive action if they decide to leave.

Snow... too dangerous to cross the street... have you ever seen this killer death snow? Come on... I like a good debate but you are either being disingenuous or you are arguing from somewhere that never gets snow. And it is not incumbent on a facility to forcibly ensure my safety outside their campus off shift under threat of discipline if I leave.

No. It isn't. Going through a check for workplace security can be part of a commute. Workplaces are not responsible for holding you for 12 hours under threat of discipline to ensure your safety outside of work, that is not tantamount to a commute.

Look, blizzard staff holds are 99% about ensuring staffing, and trying to imply otherwise is just silly. They want the staffing guarantee at the cost of dictating your location and activity, and that is compensable.

I live in Minnesota, I might a thing a two about snow and weather. The tornado warning was for 4 hours, not the 15 the OP experienced but it was not 10 minutes either. No they did not use force to hold the visitors, they did not use force to hold the employees either. Nor have they used force to hold the OP either.

I find your all or nothing position amusing and very informative.

My only point I am trying to make is that we do not know enough details to make an affirmative call of what the hospital was obligated to do or not to do. Depending upon the variables which are an unknown at this point the hospital may have been in the right, may have been in the wrong as well.

[SummitRN, BSN, RN]

Nor have they used force to hold the OP either.

The employer "required" the OP to stay because of a "Code White." I don't need more detail to determine the employer forced (maybe you'd prefer "compelled") OP to stay an extra 15 hours under penalty of discipline/termination without compensation to help guarantee potential staffing.

I've soundly dispelled the notion that employers have a right to compel employees to stay at a hospital for hours for their own safety from snow.

I've also been to MN... haven't seen the too-dangerous-to-cross-the-street snow. The only places where it gets that dangerous to go outside is somewhere like Alta Medical Clinic when the Sheriff places the canyon under Interlodge. Also, Tornado Warnings typically don't last more than about 10 minutes. Your 4 hours was a Tornado Watch (and a long watch at that... Warning means actual tornado confirmed by radar or spotters) and the rest of the city was driving around in it at will, just like the rest of OP's city was driving around for the 15 hours she was "required" to wait to possibly work.

[kbrn2002, ADN, RN]

There is most likely policy relating to this somewhere in your employee handbook or contract. It's not unusual in areas that are frequently hit with bad weather. Most policies I've heard of allow you to work 16 hours, then clock out for 8 hours before you can clock back in. Generally when you are off the clock you are still paid an on call wage since you are required to stay in the building. The on call wage can be pretty nominal, I think ours in $3.00/hr over minimum wage if I am remembering right. The facility should also provide meals as well as a reasonable place to sleep.

As to whether your employer can force you to stay against your will, of course not as that would be criminal. Kidnapping staff might be something facilities would like to do, but I doubt if they could get the legal department on board. What they can do is say if you want to leave go ahead, just don't bother coming back.

[RNNPICU, BSN, RN]

Check your hospital policy regarding inclement weather and "Code White". Also if you are in a union, check with your union. We would be mandated to stay. We would clock out at the end of our shift. We would then fill out a form that would get us our "sleep pay" The sleep pay came out of a different allocation than the regular pay which was why we had to clock out.

Read up on your inclement weather policy.