A Law to Ban the Dangerous Practice of Mandatory Overtime Went Into Effect on November 5, 2012. As we progress through the winter flu season, we expect some irresponsible employers will attempt to violate the law and illegally force nurses to work beyond their schedule shift to cover for staffing shortages. Be aware that the Health Policy Commission, which is charged with overseeing the mandatory overtime law, has issued guidelines that make it clear that neither the lack of staff, nor the flu season can be used as justifications for mandatory overtime. We urge any and all nurses who are assigned a mandatory overtime shift to follow the link below and fill out a report with the MNA, which we will share with the Department of Public Health and the Health Policy Commission.
On August 6, 2012, Governor Deval Patrick signed into law a health care payment reform bill that includes a ban on mandatory overtime proposed by the MNA. The law went into effect on Monday, Nov. 5th and now all hospitals are required to comply with the measure. To assist nurses in understanding this new law and its implications, the MNA has created this web page to provide background on the issue, as well as a mechanism for nurses to report violations of the law.
This is a major victory for the MNA, all nurses in Massachusetts and most importantly, for our patients. Click here to view the exact language of the new law.
To learn more about the law and how it works, follow this link to a video of an MNA press conference featuring MNA President Donna Kelly-Williams and State Representative Denis Garlick, RN (D-Needham) providing an in depth description of the new law:
https://www.youtube.com/watch?v=6rRlUcjA88s
Specific highlights of the law include:
- The law prohibits mandatory overtime, which is defined as “any hours worked by a nurse in a hospital setting to deliver patient care beyond the predetermined and regularly scheduled number of hours that the hospital and nurse have agreed that the employee shall work, provided that in no case shall such predetermined and regularly scheduled number of hours exceed 12 hours in any given 24 hour period.”
- The law prohibits nurses from working mandatory overtime except in the case of “an emergency situation where the safety of the patient requires its use and when there is no reasonable alternative”.
- “Emergency situation” has been defined by a newly established health policy commission. Follow this link to learn more about the guidelines for determining what constitutes an emergency situation.
- The law also prohibits mandatory overtime being used as an alternative to providing appropriate staffing for the level of patient care required. Therefore, the MNA contends that holes in the schedule, a high census, a sick call or leaves of absence by staff can in no way be construed as an emergency, as they are the direct result of the hospital’s failure to provide appropriate staff.
- The law requires that hospitals report all instances of mandatory overtime to the Massachusetts Department of Public Health and that these reports be made available to the public.
The law protects nurses by prohibiting any discrimination, dismissal, discharge or any other employment decision based on a nurses’ refusal to accept work in excess of the limitations on mandatory overtime. This law affects all Massachusetts hospitals. We are dedicated to making sure this law works the way that the Legislature intended. If your hospital continues to use mandatory overtime after November 5, please let us know immediately. In fact, you can follow the link below to report this violation via an our online Mandatory Overtime Reporting Form. This form is being used by the MNA to report any instances where health care employers are mandating nurses to work overtime in violation of the recently passed law banning this practice.
Please fill out this form so that we can document these violations and report them to the various states agencies who will be charged with enforcing this law.
Click here to download a flyer about this issue to share with other nurses you know.
If you have other questions about this new law and how it will affect you, you can also email MNA Communications Director David Schildmeier at dschildmeier@mnarn.org.
