Nurses will soon be working under a new state law banning mandatory overtime (MOT) for RNs and LPNs. NYSNA worked to get the law passed for more than eight years and now is taking the lead in informing nurses and employers about putting it into action.
The bill was signed into law in August 2008 and takes effect July 1, 2009.
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The law applies to nurses who provide direct patient care in all practice settings, both public and private, with the exception of home care.
It prohibits employers from requiring nurses to work beyond their “regularly scheduled work hours.” It does not limit the number of hours nurses can volunteer to work overtime.
The Office of Professions has issued an opinion that nurses who volunteer beyond 16 hours must be able to demonstrate their competency to perform their professional responsibilities. Working beyond 16 hours will be taken into consideration as a factor in determining willful disregard for patient safety and could result in a charge of unprofessional conduct.
Exceptions to the law include times when a healthcare disaster or a declared emergency increases the need for nurses. Healthcare employers may mandate overtime if they determine there is a facility patient care emergency. Even in this case, an employer must first make a good-faith effort to have overtime covered on a voluntary basis.
The law affirms that RNs or LPNs who refuse to work beyond their regularly scheduled work hours cannot be charged with patient abandonment or neglect on that basis alone. This codifies a position statement adopted several years ago by the New York State Board for Nursing.
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The New York State Department of Labor has posted an online fillable complaint form, along with answers to Frequently Asked Questions (FAQs), on the DOL web site.
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Contact Education, Practice and Research at 518.782.9400, ext. 282 or by e-mail.