When does the responsibility of a nurse start/end ?

[Truth66]

I Just e-mailedmy regulatory body this scenario and question. Due to the nature of the question I felt that it would appropriate to share that e-mail here. Note: I haven't got a response back from them as of yet. Here's the email:

A while back I was working a day shift where I work (a long term care facility). My shift was from 07:00 am till 15:00 pm.

Near the end of the shift it was reported to me that one of the residents from my unit had fallen on her way to the entertainment in the main auditorium. The RN and I went down to do the initial assessment on this resident. This resident was able to walk back to the unit with me. Once back on the unit I did further assessments including a full vitals and completed the fall investigation report. Once everything was done, including giving a report to the nurse coming on for evening shift, it was approximately 15:30 hrs.

I immediately submitted for 30 minutes overtime, because I felt that it was my responsibility to conclude the assessments, the paper work, computer charting and a report for the oncoming nurse. However, my employer decided that they were not going to pay me for that half hour that I stayed. Not only did I submit the correct overtime request form explaining the circumstances why I stayed for that 30 minutes, I also e-mailed the supervisor a few days later to confirm that she received everything to ensure that it was submitted before the end of the pay period. My supervisor even chose not to respond to my e-mail.

Many of my fellow co-workers have had similar experiences with regards to staying after their shift has ended to complete what they felt was their responsibility to do so as a nurse, yet the employer has refused to pay them for the time spent outside their designated shift time.

Therefore, this raises a serious question. For a nurse who works in a facility such as a Long Term Care facility, Hospital, etc., when does responsibility and accountability start and end for the nurse, if the employer will not pay for any time either at the beginning or end of the designated shift that the nurse is scheduled for?

[Flo., BSN, RN]

I work acute care. The hospital will pay for 7 mins before the shift starts. They also pay OT for charting. You need to chart it, so they need to pay you.

[alphabetsoup]

If the incident occurs on your shift then you are obligated to at least document it. Personally, I think it is in the best interest (legally) of the facility to allow the nurse who was responsible for the resident at the time of the incident to document the incident. But this is what you really need to do- whenever you are in a situation which may incur overtime, tell your supervisor immediately. Never assume that your employer will condone any overtime. My thought is that perhaps they would have delegated some part of the documentation to the oncoming nurse. If its gonna happen, it always happens at change of shift. It's like Murphy's Law.

[tokmom, BSN, RN]

I would think they should pay you. Dollars to doughnuts, had you left without documenting they would have been been mad at you!

[Double-Helix, BSN, RN]

When I worked in LTC as a CNA and the facility wouldn't pay for ANY time that you worked past your shift, regardless of the reason. It came out of your earned sick/vacation time.

[shouldabeenabarista]

WRONG!!!!!

I work as a nursing supervisor and I have held firm from day one- if you are there doing your job then you will be paid. Period. I have stood up and defended my nurses who have stayed afterwards for the benefit and safety of a patient.

I throw the responsibility back on your immediate supervisor who should be advocating for you doing your job.

You should look into your state nursing laws to see if you can find some to back your actions in this situation and present those laws to your facility.

I would want you as a nurse in my facility because I value a person who cares enough to do their job even after "quitting time".

[nebrgirl]

Sounds like an issue to take to Labor authorities....I had a job once where we often had to "work" without pay....Wage and hour Department of Labor stepped in and we got retro pay

[JSlovex2]

that's crazy! my manager has always told us we can't clock IN before X time, but what time we clock out depends on "what is best for the PATIENT. not what is best for night shift/day shift, etc., but what is best for the PATIENT." that's how it should be.

[merlee]

Run, do not walk, to your labor board. This is just nonsense.

[Kooky Korky, BSN, RN]

Definitely contact the FSLA. Get the contact info from your US senator's or congressman's office if you have trouble finding it.

You didn't HAVE to stay if the RN was present and you had counted and given report and otherwise been properly relieved.

Always get written approval of OT from the RIGHT boss - in advance of working it.

If they are not going to pay you and there is another nurse assuming responsibility, get out. you are not required to work for free.

If you have NOT been relieved by another nurse, you are probably forced to stay. In that case, it seems like your employer is required to pay you. I would still get written authorization, in advance of working the extra time or even just sitting there and not working while waiting for your relief nurse. You have got to make sure your boss knows the circumstances in advance of you working OT.

Lots of d****** bosses don't answer email. They are snooty, IMHO.

[Kooky Korky, BSN, RN]

WRONG!!!!!

I work as a nursing supervisor and I have held firm from day one- if you are there doing your job then you will be paid. Period. I have stood up and defended my nurses who have stayed afterwards for the benefit and safety of a patient.

I throw the responsibility back on your immediate supervisor who should be advocating for you doing your job.

You should look into your state nursing laws to see if you can find some to back your actions in this situation and present those laws to your facility.

I would want you as a nurse in my facility because I value a person who cares enough to do their job even after "quitting time".

Or get a lawyer. Usually labor (employment) attorneys work for the corporations, not for the wronged individual worker, so don't tell all your troubles begfore making sure an attorney is agreeing to work for YOU.

And don't be at all surprised if you get fired if you make too big a stink. Not saying don't stand up for yourself, just that your employer might fight back and fire you for some trumped up reason.

[jrbl77, RN]

along a different vien, but still on subject. I was recently given back pay for all the days I worked through a meal. Labor board did a survery and found out that this was happeneing. Sad that nursing has come to this point.