My mother is an RN who was involved in a car accident several years ago and as a result suffered from injusry to her discs. She had surgery to alleviate pain, but of course still will never be 100% the same. She is not opposed to working her scheduled 8 hrs, or even a few extra if needed, but her employer is saying that she must do 16 hrs if necessary, even though her doctor has specified that she cannot do excessive bending, standing , or lifting. Is this wrong or are they allowed to do this?
2007-10-04 14:54:28 · 4 answers · asked by j.j. 2 in Politics & Government ➔ Law & Ethics
In general, employer can require as many hours as they wish. In the case of a medical reason to work less, the Americans with Disabilities Act probably applies. The question then becomes "What constitutes 'reasonable' accommodation"? Your average attorney would have to research that.
2007-10-04 15:12:47 · answer #1 · answered by STEVEN F 7 · 0⤊ 0⤋
Is it legal for hospitals to mandate nurses - absolutely.
As to your mother's work restrictions - well it would depend. Nursing is all bending, standing, and lifting. It's what we do. If she is working in acute care then there is little to no way to avoid these activities. If she has a documented restricted job - that includes restricted hours - then they cannot violate that. If the job says limited of XYZ but not hours then they are within their rights to mandate her to the overtime that is expected of every single other nurse in that hospital. OSHA defines restrictions on movement by how many times they occur in an hour not by how many hours a day the person works. Again if she has written restrictions I suggest she research OSHA guidelines to the meanings of the terms - you might be surprised as to how vast limited might be.
The hospital has to make reasonable accomodations for your mother's restrictions - if they are in writing. Just because her doctor tells her not do these things does not make them a work restriction.
I agree with the poster who said that if she wants set hours then she needs to look for a position that has set hours. I have been a nurse for 15 years and we are all well aware that 7-3 is at best a guestimate of your work day. I don't think I know a single nurse who works acute care who has not been mandated. Our job is not like that of a WalMart cashier - we are a necessary position that must be filled for the safety of the patient.
2007-10-05 02:07:52 · answer #2 · answered by Susie D 6 · 0⤊ 0⤋
Probably not. Since her medical condition is know to management and they refuse to acknowledge it, she needs to see an attorney. Also review the employment agreement or employee policy manual for the hospital. Some employment agreement contain a clause that allow management to require employees to work overtime if circumstance requires it.
A labor attorney or you mother's union ( if there is one) should have excellent information.
2007-10-04 15:02:22 · answer #3 · answered by jack w 6 · 0⤊ 0⤋
She's a nurse, that is what they do. If she wants normal hours tell her to go work in a doctors office.
2007-10-04 14:57:46 · answer #4 · answered by Anonymous · 0⤊ 0⤋