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View Full Version : per-diem vs fulltime ot requirements


only fulltimer
05-20-2005, 05:25 PM
I work in GA. I'm in a department of 3 nurses and i'm the only full-timer, the other two are per-diem (AS NEEDED). Since they are to work "as needed" and are not promised a set number of hours (it's supposed to be what the workload demands) and dont get benefits, they are compensated at a higher hourly rate than I am.
I understand from other threads that employers can mandate OT w/ no limit and that is legal. My question for you is can they make me work as much OT as the other per diem employees? Or are they required to work up to 40hrs a week before requiring me to work OT? I am a mother of a 2 ½ year old and my husband travels Sun to Fri. My child is already at daycare all their open hours (12 hours) on a fairly regular basis. I realize that my family situation is not my employers problem, but should it be my problem that management hasn’t staffed appropriately. We now process over 600-700 accts per week for three facilities whereas we used to process 250 per week for one facility, in addition to other new requirements. The only staffing change that was made was an administrative personnel. Is there anyway we can fight OT w/ a case of poor management re: staffing.
Also, we’ve recently had two employees go out on FMLA. One was a department lead who was forced to go out on FMLA when she provided a doctors note stating that she could not work OT. The boss told her since she was a lead she was required to work OT therefore since she couldn’t she had to go out on FMLA. The other was a supervisor who already documented in writing that her department had been working a specified amt of OT for the last so many weeks and that w/o additional staff being hired, the demands of additional OT would be debilitating to their department. They are required to work 10 days M-F and everyother Saturday until they are completely caught up. She left w/ chest pains and was hospitalized for a nervous breakdown and is now out on FMLA.
The boss is very demanding and has really caused a very stressful, hostile work environment. Is there any grounds for recourse for these two?
Thanks for your time and assistance.
:confused:

elklaw
05-20-2005, 06:22 PM
You may need to find a new job. In healthcare, there are some exemptions that emplyoers can apply for, so it may be that OSHA exemptions erode normal FMLA. http://www.dol.state.ga.us/js/employment_issue.htm
So your overtime is likely legal unde OSHA exemptions for healtchare workers. Link can provide more info.

only fulltimer
05-20-2005, 06:46 PM
we aren't clinical (therefore leaving is not affecting pt safety), we work on the administrative side in the business office. does that matter? fyi - yes, i'm already on the look. thankfully one of my leads is w/ an ins company that was rated one of the top 100 companies for working moms in 2000.

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