Hi. I am a nurse working in Virginia (long-term care). I was out of work for 1 month due to an emergency surgery, and was on STD. My case does not fall under the FMLA. The Doctor has released me from medical leave, but the nursing home I work for stated they no longer had the hours to schedule me for what I was hired, midnight shift. After telling me they were only able to give me 6 days in a 14 day schedule they then called me and said they had worked out way to give me my 80 hours. The shifts are as follows: mon. and tues. 11pm to 730am, off wednesday, thurs and friday 11pm to 730am, sat and sun 3pm to 730am, and then shifts repeat every week. My question is this, is it legal for them to schedule someone in the nursing profession continuous hours like this? I would think the care expected to be given to patients would deminish and I feel like they are expecting me to quit my job so that they won't have to face a possible descrimination suit based on my medical leave and age. Thank you for any help you can give me regarding this.

I couldn't find anything in the law making the schedule you describe illegal; nor does anything you post suggest illegal discrimination. If FMLA does not apply they were not required to return you to your original shift.

Is there something more that you haven't mentioned?

Thank you for your response. I only question the multiple shifts and the safety issues that can arise from those. I had read somewhere that people in the health care profession are subject to some hourly limitations in regards to shifts. I can't remember if it was an OSHA or Labor concern. Two 16 hour shifts followed by two 8 hour shifts before a day off seems extreme. I am the only one they are scheduling 56 hours a week.

There are a few states that have limited mandatory overtime for nurses, but Virginia is not one of them and I could find nothing suggesting that consecutive shifts had been outlawed either.

Thank you very much