Eliminate Mandatory Overtime for Nurses

Issue:  Mandatory Overtime for Nurses

This legislation will amend the Social Security Act to provide for patient protection by limiting the number of mandatory overtime hours a nurse may be required to work in certain providers of services to which payments are made under the Medicare Program. It will also provide for whistleblower and nondiscrimination protections for workers who refuse mandatory overtime and file complaints.

Status: Pending in the House is H.R.3238, sponsored by Rep Stark has 49 cosponsors. Also pending in the Senate is S.1686, sponsored by Sen Kennedy, which has 5 cosponsors.

Arguments Against:
 

•    The government should not interfere in the employee/employer relationship.

•    Health care facilities are facing staff shortages and need to force workers to work overtime.

•    There should be an emergency clause for unforseen circumstances beyond the employer's control.

Arguments For:
 

•    On behalf of patients, the government must ensure that workers' hours are limited in order for them to avoid medical errors, follow procedures and ensure patient safety.

•    Health care facilities must do as other employers must do:  raise pay, improve working conditions, recruit, and retain.  They should not be allowed to force workers to work endless, unscheduled overtime because of a lack of staff.  That isn't fair to the nurses or the patients.

•    There is an emergency clause.  It is tied to real not created emergencies, and  must be tied to an officially designated state of emergency as declared by state, county, or locality.  The legislation also will permit voluntary overtime, consistent with safe patient care.

Talking Point:

  In order to provide good, quality care, nurses need time off.  By eliminating mandatory overtime, health care employers will have to mange their workforce, improve working conditions, and retain good employees.  This will also improve the care of patients.  It is common sense that three nurses working eight hour shifts will be better able to cope with the medical, emotional and physical needs of their patients than one nurse working 24 hours.

Action:

  Call and write your Senators and Representatives. Ask them to support S.1686 and H.R. 3238.