More questions & answers about the new RI mandatory overtime law
I work an 8-hour shift. Does this mean I can routinely be mandated for four hours?
No. You cannot be mandated at all, except in an “unforeseeable emergent circumstance.”
If there is a sick call on my unit, and my manager cannot find a volunteer, does that mean I can be mandated?
No. A sick call is not an “unforeseeable emergent circumstance.” The purpose of the law is to compel hospitals to find better, safer ways to cover sick calls than by using mandatory overtime. Some of the ways that hospitals can avoid mandatory overtime are: planning properly, hiring more staff, establishing float pools, using per diems wisely, requiring managers to help out, creating financial incentives for employees to report to work on short notice, and rewarding voluntary overtime.
Is an increase in patient census or sick calls due to the flu an acceptable reason to be mandated?
Not necessarily. Only an irregular increase in patient census or sick calls is a legal exception to the mandatory overtime law. So, if an increase in census and/or sick calls during flu season is regular and predictable, then you cannot be mandated. Furthermore, if the mandatory overtime is due to chronic short staffing by the hospital, then you cannot be mandated even in an “unforeseeable emergent circumstance.”
Can I be charged with patient abandonment if I exercise my rights under the law?
No. It is not patient abandonment to go home at the end of your shift. Your responsibility at the end of your shift is to “report off”, so you should inform your manager that you are not willing or able to work overtime, and then ask her/him to take report.
What if my manager threatens to discipline me if I refuse to do mandatory overtime?
We do not want to see any member disciplined. If you have made clear to your manager that you are not willing or able to work overtime, and you are threatened with discipline, tell your manager that you will work “under duress” and that you intend to file a complaint with the RI Department of Labor. Be sure to fill out a UNAP Mandatory Overtime Documentation Form to send to the UNAP, and contact a Union representative as soon as possible. The Union will represent you at the Department of Labor.
What rights do I have as a non-nurse?
The UNAP will make clear to hospital management that it expects all members to be treated equally. If management can find a way to comply with the law for nurses, it can do so for all employees. Non-nurses are urged to document all incidences of mandatory overtime so that, if necessary, the UNAP can show the Legislature that the law needs to be expanded to cover other health care workers.
What if my manager makes us work short-staffed because s/he can’t mandate us?
Unsafe staffing is never acceptable. Unsafe staffing should be documented on UNAP Unsafe Staffing Forms, and chronic problems should be reported to the Union and brought to nursing administration -- or, if necessary, to the Department of Health, the Legislature, the press, and/or the general public -- to make sure that our patients get the care that they deserve.