§ 19a-490l — Mandatory limits on overtime for nurses working in hospitals. Exceptions.

Connecticut § 19a-490l

• Jurisdiction: Connecticut
• Title 19a: Public Health and Well-Being
• Ch. 368v: Health Care Institutions

Text

(a) As used in this section: (1) “Nurse” means a registered nurse or a practical nurse licensed pursuant to chapter 378, or a nurse's aide registered pursuant to chapter 378a; (2) “Hospital” has the same meaning as set forth in section 19a-490 ; and (3) “Overtime” means working (A) in excess of a predetermined scheduled work shift, regardless of the length of such scheduled work shift, provided such scheduled work shift is determined and communicated not less than forty-eight hours prior to the commencement of such scheduled work shift, (B) more than twelve hours in a twenty-four-hour period, or (C) more than forty-eight hours in any hospital-defined work week. (b) Except as provided in this section, no hospital shall require a nurse to work overtime. No hospital shall discriminate against, discharge, discipline, threaten to discharge or discipline or otherwise retaliate against a nurse for refusing to work overtime. (c) Any nurse may volunteer or agree to work overtime. (d) When the safety of a patient requires and when there is no reasonable alternative, the provisions of subsection (b) of this section shall not apply: (1) To any nurse participating in an ongoing surgical procedure until such procedure is completed; (2) to any nurse working in a critical care unit until such nurse is relieved by another nurse who is commencing a scheduled work shift; (3) in the case of a public health emergency; (4) in the case of an institutional emergency, including, but not limited to, adverse weather conditions, catastrophe or widespread illness, that in the opinion of the hospital administrator will significantly reduce the number of nurses available for a scheduled work shift, provided the hospital administrator has made a good faith effort to mitigate the impact of such institutional emergency on the availability of nurses; or (5) to any nurse employed at a behavioral health facility operated by a state agency who is covered by a collective bargaining agreement that contains provisions addressing the issue of mandatory overtime. (e) Before requiring a nurse to work overtime in accordance with the provisions of subsection (d) of this section, a hospital shall make a good faith effort to have such overtime hours covered on a voluntary basis. Mandatory overtime shall not be required as a regular practice for providing appropriate staffing for the necessary level of patient care or in any situation that is the result of routine staffing needs caused by typical staffing patterns, expected levels of absenteeism or time off typically approved by the hospital for vacation, holidays, sick leave and personal leave. (f) (1) The provisions of this section shall not be construed to alter or impair the terms of any bona fide collective bargaining agreement that places additional restrictions or limitations on the use of mandatory overtime. (2) The provisions of this section shall not prohibit mandatory overtime with respect to any nurse who is covered by a bona fide collective bargaining agreement that is in effect prior to October 1, 2023, or by a bona fide collective bargaining agreement entered into pursuant to section 5-278 that is in effect prior to June 1, 2027, and contains provisions addressing the issue of mandatory overtime, until the expiration date of the collective bargaining agreement.

Legislative History

(P.A. 04-242, S. 1; P.A. 14-122, S. 119; P.A. 23-204, S. 55.) History: P.A. 04-242 effective October 1, 2005; P.A. 14-122 made a technical change in Subsec. (a)(2); P.A. 23-204 amended Subsec. (a) by adding Subdiv. (3) defining “overtime”, amended Subsec. (b) by making technical changes and adding prohibition on discriminating against, discharging, disciplining or threatening to discharge or discipline or otherwise retaliate against a nurse for refusing to work overtime, designated existing provision re allowing a nurse to volunteer or agree to work overtime as new Subsec. (c) and made technical changes thereto, redesignated existing Subsec. (c) as Subsec. (d) and amended same by adding provision re when safety of a patient requires and there is no reasonable alternative, replacing “an” with “ongoing” in Subdiv. (1) and inserting “employed at a behavioral health facility operated by a state agency” in Subdiv. (5), added Subsec. (e) re a good faith effort by hospital to have overtime hours covered and prohibiting mandatory overtime as a regular practice for providing appropriate staffing for the necessary level of patient care, and added Subsec. (f) re collective bargaining agreement terms and prohibition on mandatory overtime with respect to any nurse covered by collective bargaining agreement in effect prior to October 1, 2023, or June 1, 2027.