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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5731
Experience:  Exclusively practice labor and employment law.
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Can a nursing home make a nurse work more than 12 hours in a

Customer Question

Can a nursing home make a nurse work more than 12 hours in a day
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

No, they cannot do that unless they experience an unforeseeable emergent circumstance which is any of the following:

  1. An unforeseeable declared national, state or municipal emergency.
  2. A highly unusual or extraordinary event which is unpredictable or unavoidable and which substantially affects the provision of needed health care services or increases the need for health care services. These events include: an act of terrorism; a natural disaster; and, a widespread disease outbreak.
  3. Unexpected absences, discovered at or before the commencement of a scheduled shift, which could not be prudently planned for by an employer, and which could significantly affect patient safety. Except as provided in this definition, no time period is set for when the call in must occur and the Bureau will review each case individually.

Vacancies arising from chronic short staffing are not an unforeseeable emergent circumstance.

You can file a complaint with the state if this is not the case.

Customer: replied 1 year ago.
the nursing home can not make a nurse work more than 12 hours in a row
Expert:  John replied 1 year ago.

Correct, with the above exceptions

Expert:  John replied 1 year ago.

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