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March 14, 2001
(Originally sent July 17, 2000)
Know your rights on mandatory overtime
As a result of the nursing shortage, nurses are frequently being asked to work overtime and may be told they must do so.
Under BCNU collective agreements, union members have the right to refuse to work an "unreasonable" amount of overtime unless the employer has declared that an emergency situation exists. In addition, collective agreement language states that a regular full-time employee may be requested to work on only one of her scheduled days off per week or to work a double shift. The decision to work the scheduled day off or the double shift remains with the employee.
Employers have been declaring emergencies because of extreme shortages of registered nurses and requiring nurses to work overtime. Requiring exhausted nurses to work overtime not only undermines the quality of care delivery but can threaten the integrity of your nursing practice.
An emergency is commonly described as a sudden and unforeseen event. The present nursing shortage does not fit this definition.
Nurses are understandably reluctant to refuse to work overtime out of concern for the safety of their patients. If you are asked to work overtime against your will, here’s what you can do:
- If the employer states the overtime is as a result of an emergency, ask if the disaster plan has been implemented; determine if the facility has taken steps such as closing beds, reducing elective surgeries, going on diversion etc.
- State very clearly to your employer that you are concerned that your standards of care may be compromised while working the extra hours
- Fill out a Professional Responsibility Form stating your concerns; a BCNU steward will be able to assist you with this if necessary
- Contact your BCNU steward about filing a grievance
- For longer term solutions, think about organizing a worksite campaign. Your steward and the union staff are available to help.
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Remember, if you are exhausted and over-worked to the point that your practice standards are being compromised, the responsibility for providing care is not yours alone. Your manager and employer are also responsible for ensuring that safe care is provided and they must take the necessary steps to ensure this happens.
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