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Can nurses be required to work overtime?
Most nurses cannot be required to work overtime. This is to protect health-care workers and promote patient safety and quality health care.
- What does the
Nurses' Overtime law say?
Registered Nurses (RNs) and Licensed Practical Nurses(LPNs) who work on an hourly basis in acute care hospitals, hospices, and some limited long-term-care settings cannot be required to work overtime in excess of the established schedules or agreed-upon work week.
Attempts to compel or force employees to work overtime are prohibited, except under unforseeable emergency circumstances such as a disaster or catastrophic event. Employees may choose to work overtime voluntarily, but refusal to work overtime is not grounds for discrimination, dismissal or discharge or any other penalty adverse to the employee.
References to the law can be found at RCW 49.28.130 through RCW 49.28.150.
- What is the purpose
of this law?
The rationale for this law is to protect health-care workers and promote patient safety and quality health care. References to the law can be found at RCW 49.28.130 through RCW 49.28.150.
- Which health
care facilities are covered by this law?
- Hospices.
- Acute-care hospitals.
- Rural health care facilities.
- Private psychiatric facilities (including some that may be operated by a local government).
- Nursing homes or home health agencies operating under a licensed health care facility and which operate on a 24-hour-a-day, 7-day-a-week basis.
- Which health
care facilities are NOT covered by this law?
- State psychiatric hospitals
- Other state facilities operated by the Department of Social and Health Services or the Department of Corrections
- Home health facilities that do not operate under the license of another health care facility
- Nursing homes that operate under their own license
For more detail, see L&I Administrative Policy:
Restricting
Mandatory Overtime for Nurses (ES.A.11) (201 KB PDF)
