New York Requires Mandatory Nurse Coverage Plans As Alternative to Overtime
The State of New York prohibits health care providers from requiring mandatory overtime for nurses under New York Law 167. On October 13, 2009, the State Department of Labor issued regulations requiring health care employers to provide “Nurse Coverage Plans” on October 13, 2009. The plan must identify alternative staffing alternatives a health care employer will use rather than mandatory overtime, and the plan must be made available to the nursing staff.
There are exceptions to New York Law 167. A health care employer may require mandatory overtime for 1) a health care disaster, such a natural or other disaster that results in an immediate and unexpected need for health care support; 2) a declaration of an emergency by government officials in the county where the nurse is employed or a contiguous county; 3) an emergency requiring overtime to provide safe patient care, provided a nurse coverage plan has been developed, implemented and made available; and 4) an ongoing medical or surgical procedure in which the nurse is actively engaged and whose absence would result in harm to the patient.
For more information see http://www.labor.ny.gov/workerprotection/laborstandards/workers_rights/Mandatory_OT_FAQ.shtm