In Illinois, can hospital force nurses to be on-call and work overtime?

Asked almost 4 years ago - Marion, IL

The Illinois Department of Public Health says they cannot, but my boss says they can. Here is the IDPH website re: mandatory overtime.

I'm afraid if I don't participate in her mandatory overtime, I will lose my job.

Attorney answers (1)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . According to TITLE 77: PUBLIC HEALTH CHAPTER I, 250.1110,

    "For any nurse who does not agree to employment requiring on-call hours, the refusal of a nurse employee to agree to such on-call availability shall not constitute grounds for retaliation, discrimination, dismissal, discharge, or any other penalty, threat of reports for discipline, or employment decisions adverse to the nurse employee."

    But beware...

    "The hospital may defeat the claim of a violation by presenting clear and convincing evidence that an unforeseen emergent circumstance, which required overtime work, existed at the time the employee was required or compelled to work."

    * * *

    I suggest you try to negotiate a solution without resolution to the courts. Litigating this matter will be expensive and very emotionally draining.

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