Mandatory Overtime Resolution
On March 15, 2001, the Michigan Board of Nursing approved a resolution stating that nurses who refuse to work mandatory overtime, based on their professional judgment, cannot be charged with patient abandonment.
“Whereas: Licensed nurses (Registered Nurses and Licensed Practical Nurses) are expected, at all times, to use their critical judgment in providing safe care for their patients; and
Whereas: The exercise of this judgment includes making a decision about accepting or rejecting a request to work overtime;
Therefore, be it resolved: That RNs and LPNs are exercising this responsibility if they reject a request to work overtime because they believe they cannot safely provide care. Such refusal would not in and of itself constitute patient abandonment.”
The Board of Nursing resolution was further strengthened on June 19, 2001 when an Attorney General’s opinion (#7084) was issued stating that, “A nurse’s refusal of an employer’s demand to work overtime does not, in and of itself, constitute grounds for discipline under the Public Health Code.”
To view a fact sheet about the Mandatory Overtime Resolution, click here.
