Would this be considered abandonment?

Nurses General Nursing Nursing Q/A

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Specializes in Community Health, Med/Surg, ICU Stepdown.

120 patients for one nurse?! Oh. My. God. How do they expect things to go if there are multiple changes of condition, emergencies, etc at the same time? And that is definitely possible with 120 patients! Also, IV meds for so many patients?? You are so brave! Wherever you go next you will have great time management skills! And I hope you go soon.

canoehead, BSN, RN

6,890 Posts

Specializes in ER.

My next move would be to write to your BON and describe the situation, then ask for guidance. You can't work double shifts every time and keep your health.

JKL33

6,777 Posts

1 hour ago, tonyl1234 said:

It's not saying that the only nurse can leave. It's just saying that the only nurse can refuse to work a second shift. Connecticut law is that all supervisors have to be RNs. If they can't find someone to cover, guess who's responsible for working on the floor that night. It's addressing those managers threatening to report the nurse for abandonment because they failed to get coverage for a shift and the nurse said that they have to go home. Care still has to be passed off to another present nurse, but the state is making it clear that it's not abandonment to refuse to work overtime, it's only abandonment if you leave the patients without a nurse present. But common sense is still going to apply in emergencies and sudden blizzards where you're just not going to have a choice.

Basically, as long as your scheduled shift is over, you can't leave until another RN takes over your patients, but demanding your manager find an RN or they go into work and take over the shift, is NOT abandonment. It's just clarifying that abandonment is only leaving the patients with no nurse. As long as you can handoff to another nurse before you walk out the door, you're allowed the quit in the middle of your shift and they can't call it abandonment.

Your take is how I read it. That's the context in which the document is being offered.

I was just asking because it seemed like it was implying in another post that the document means you don't have to stay no matter what.

This makes more sense.

Thx

NurseBlaq

1,756 Posts

On 2/7/2020 at 11:54 AM, Twinkle007 said:

Hi ?? nurses !
So I work in a poorly managed post acute/LTC we don’t even have DON at this moment (within the past 3 months it’s the third one that quit). I work 7-3pm only RN for 120+ pt’s and very often it happens that the next shift is either 2 hr late or non show.

Say what now? No ma'am. I wouldn't even accept that assignment. It's abusive towards you an d the patients and it creates an unsafe environment for all of y'all. Contact the BON, and corporate office if your company has one, and joint commission, while simultaneously looking for a new job. How is this place still open? The DONs keep quitting because the administrator is insane and your license is at risk every time you work. I would walk too!

Now that I've had a mini meltdown, yes it's abandonment. To avoid that, don't accept the assignment, especially knowing you'll be stuck anyway.

Specializes in OB.

You poor thing! I wouldn't set foot in that place ever again, call/email/text and give your notice and don't look back. Life is too short to take care of 120 patients for 16 hours at a time in a dumpster fire of a facility.

Specializes in Psych/Mental Health, Detox/MAT, AL/LTC.

I don’t know what state you work in, but I’m sure some states have laws like the one NJ has below. You should find out if yours does. I added the bold highlight for emphasis purposes. Note what constitutes an “unforeseeable emergent circumstance” and what doesn’t. Don’t allow them to continue to take advantage of you this way. They’re lucky it’s not me because after consistently being “forced” to stay and pull a double, they’d suddenly find me consistently calling out the next morning!

New Jersey Mandatory Overtime Restrictions for Health Care Facilities

The New Jersey Mandatory Overtime Restrictions for Health Care Facilities (“MORHCF)” prohibits health care facilities from terminating a “covered” hourly worker if he or she refuses to work overtime, unless there is an “unforeseeable emergent circumstance” or a national, State, or municipal emergency.

Health care workers that are covered by the MORHCF are hourly employees who are involved in direct patient care activities or clinical services and are employed by a health care facility. The law defines the term “health care facility” as a facility licensed by the New Jersey Department of Health and Senior Services, a State or county psychiatric hospital, a State developmental center, or a health care service firm registered by the Division of Consumer Affairs in the Department of Law and Public Safety (commonly, hospitals, nursing homes, outpatient clinics, assisted living residences, etc.). Therefore, hourly nurses and nurse aids are usually protected by this law, but doctors, volunteers, or on-call employees are not.

As stated above, the MORHCF prohibits employers from discriminating against or firing a covered employee who refuses to work overtime, unless there is an “unforeseeable emergent circumstance” or a national, State, or municipal emergency. An “unforeseeable emergent circumstance” is an unpredictable and non-recurring event that requires immediate action. Because the law makes clear that health care facilities can only require overtime work as a last resort, not as a solution for understaffing, an employee can be forced to work overtime only after the employer attempted and failed to fill in the vacancy with volunteers, on-call employees, per-diem staff, and personnel staffed by temporary work agencies.

In conclusion, mandatory overtime is generally legal in New Jersey. However, most health care workers are allowed to refuse working overtime hours unless there is a state or national emergency or an “unforeseeable emergent circumstance.”

By Luis Hansen, Esq. and Ty Hyderally, Esq.

karmax1

57 Posts

If you quit your job now, your boss can report you. Stay there for another 2 months, then quit.

It is politics, you have to learn how to play it.

Specializes in 8 years Telemetry/Med Surg, 5 years Stepdown/PCU.

Find another job immediately! I don’t think i would even give a 2 weeks notice.

Editorial Team / Admin

Rose_Queen, BSN, MSN, RN

6 Articles; 11,663 Posts

Specializes in OR, Nursing Professional Development.
7 hours ago, karmax1 said:

If you quit your job now, your boss can report you. Stay there for another 2 months, then quit.

Some states require reporting of termination.

3 hours ago, NurseBlaq said:

Report OP for what? It is not illegal to quit a job that is unsafe for practice and for patients.

1 hour ago, JKL33 said:

What are you talking about? Can you clarify?

JKL33

6,777 Posts

14 minutes ago, Rose_Queen said:

Some states require reporting of termination.

Yes. Resignation is not termination. Some resignations have to be reported, too, but that generally refers to resignations in lieu of termination for something that would violate a NPA/board regulations. If you try to resign in order to avoid being justly terminated and subsequently reported, yes in some states it is mandated to report that resignation as well.

I'm not getting how any of that is related to this situation, where the poster is being advised to resign ASAP (but not to do it at a juncture that leaves any patient without nursing care). ?

NurseBlaq

1,756 Posts

8 hours ago, Rose_Queen said:

Some states require reporting of termination.

It isn't termination if we're saying quit immediately and never accept the assignment. That means, do NOT take report, don't show up to work, don't do anything in any capacity of an employee any longer. That isn't termination it's resignation. OP did nothing wrong that requires reporting to BON and even if the facility did it would be easily proved it was OP quitting due to an unsafe environment/assignment. I also highly doubt the facility would report for fear of BON, etc checking them out and shutting them down.

Editorial Team / Admin

Rose_Queen, BSN, MSN, RN

6 Articles; 11,663 Posts

Specializes in OR, Nursing Professional Development.
11 minutes ago, NurseBlaq said:

It isn't termination if we're saying quit immediately and never accept the assignment. That means, do NOT take report, don't show up to work, don't do anything in any capacity of an employee any longer. That isn't termination it's resignation. OP did nothing wrong that requires reporting to BON and even if the facility did it would be easily proved it was OP quitting due to an unsafe environment/assignment. I also highly doubt the facility would report for fear of BON, etc checking them out and shutting them down.

I was not responding to the OP specifically, but to the question of who says to report. And while some may choose to resign rather than be terminated, there is at least one state that does indeed require reporting that if it is for a reason against the nurse practice act.

Regardless, anyone can make a report for any reason- including vile and vindictive employers. Doesn’t necessarily mean anything will come of it, but it can sure as heck be a big headache.

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