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Victory for New York nurses!
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| Members of the New York State Nurses Assocation were at the State Capitol to witness the passage of the bill to ban mandatory overtime: (l to r, back row) Renée Gecsedi, Lorraine Seidel, Tina Gerardi, Barbara Crane, Lydia Lopez, Diane Earl; (l to r, front row) Roni Cummings and Eileen Avery. |
Mandatory overtime bill passed by State Legislature
- Press Release: Senate Passes Bill to Prohibit Mandatory Overtime for Nurses
Legislation to end the abusive practice of mandatory overtime passed both houses of the New York State Legislature on June 23. The bill (A11711/S8637) was approved unanimously by both the State Assembly and State Senate and is expected to be signed into law by Gov. David Paterson.
Members and staff of the New York State Nurses Association have fought for eight years for this legislation, making it a top priority at every Lobby Day and nurses’ rally.
Several Nurses Association members were on hand for the votes and cheered from the gallery as the measure passed. Witnessing the historic day were registered nurses Barbara Crane, president of the NYSNA Delegate Assembly; Lydia Lopez, member of the Board of Directors; Diane Earl, member of the Delegate Assembly; Tina Gerardi, NYSNA chief executive officer; Deborah Elliott, deputy executive officer; Lorraine Seidel, director of the Economic & General Welfare Program; Renée Gecsedi, director of the Education, Practice and Research Program; and staff members Eileen Avery, Roni Cummings, Nancy Joly-Murphy, Christine Moore, and Ann Purchase.
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Specifics of the law
The law will prohibit healthcare employers from requiring nurses to work more than their regularly scheduled work hours. It does not prohibit nurses from volunteering to work overtime.
RNs and LPNs who work in hospitals and nursing homes in the state, including public and state-run facilities, are covered by this bill. Home care nurses are not included, despite the Nurses Association’s efforts to protect them as well. However, NYSNA fought for and won the inclusion of advanced practice nurses and prevented healthcare employers from being able to use “on-call” as a substitute for mandatory overtime.
The bill includes an exemption for emergencies in the following situations:
- Natural or other types of disasters that increase the need for nursing services
- A federal, state or county declaration of emergency
- An ongoing medical or surgical procedure in which the nurse is actively engaged and whose continued presence through completion of the procedure is needed to ensure the health and safety of the patient
- Staffing emergencies that could not have been prudently planned for and are not regularly occurring in the facility
The law will take effect in July 2009, giving healthcare employers, including state-run facilities, time to plan for implementation by increasing recruitment efforts, advancing flexible work schedules, and obtaining contracts for temporary services.
The New York State Nurses Association is the voice for nursing in the Empire State. With more than 36,000 members, it is the state's largest union and professional association for registered nurses. It supports nurses and nursing practice through education, research, legislative advocacy, and collective bargaining.