Consecutive OT... Night Shift RN

California • Hourly • Non-exempt.

Question regarding consecutive days of overtime. I am on a long stretch of consecutive days of work, like 20+ days. I know I get OT on the 8th consecutive shift, as I have done that often. However, I am currently on a stretch from 10 to 16-11/06. I typically work the night shift 2300-0700. I picked up a few short 4-hour shifts to keep my consecutive days going (as do a lot of nurses). Some of these shifts were 1900-2300. If I worked 1900-2300 one day and the next day worked 2300-0700 (day 10/26-10/27), would that break my consecutive days? Many of my coworkers have done this before and kept their consecutive OT. I even did it earlier in the stretch (see day 10/22-10/23) and my consecutive OT continued. However, during this pay period, my staff scheduler claimed that I broke my consecutive days on 10/27 because my start of shift was a 24-hour gap. My exact time punches were 10/26 ending at 2305 and 10/27 starting at 2255. I was under the impression that for nurses we could pick up any shift on the following day (0700-1500, 1500-2300, 2300-0700) and keep our consecutive days. Because looking at my schedule I am working every single day. We are a union, but nothing in our contract specifies this area of consecutive shifts.

Can someone please clarify?

I have asked around many coworkers and no one seems to know the correct answer. :heart: A very tired, burnt-out nurse in a short-staffed unit trying to make extra $$ for my kids for the holidays.

I’m pretty sure it’s up to the employer what day of the week and time of day they use to delineate one workweek from the next, and one workday from the next. For example, they might make Monday at 7am the beginning of the workweek. The workday doesn’t have to start at midnight, and the workweek doesn’t need to start on Monday. Whatever day and time they pick just has to be consistent from one week to the next.

@Kim
So it’s really about how the employer sets the workday and workweek times?

Mal said:
@Kim
So it’s really about how the employer sets the workday and workweek times?

Exactly. Your employer should be able to tell you when that is, though maybe your boss doesn’t, and you’d have to talk to someone in Payroll or HR who’d know. A pay stub, if you receive one, may or may not provide some insight.

@Kim
I’ll check with Payroll or HR then. Thanks for pointing that out.

The rules around consecutive days and OT can be tricky. In your case, it seems there might be confusion about what counts as a consecutive workday given your unusual shift hours. It might be worth bringing this up with your union to see if they can help clarify or negotiate on this aspect.

@Ashton
That makes sense. I hadn’t thought about involving the union directly.

Mal said:
@Ashton
That makes sense. I hadn’t thought about involving the union directly.

Yes, they might have more leverage to get a clear answer for you. It’s always good to use all the resources available to you.

@Ashton
I’ll definitely reach out to them and see what they say.

From my experience, the interpretation of what counts as a consecutive day can vary by employer. It could be worth getting this clarified in writing from your HR or payroll department to avoid future issues.

@Paris
Good idea. Getting something in writing would help avoid misunderstandings.

Mal said:
@Paris
Good idea. Getting something in writing would help avoid misunderstandings.

Exactly. It also helps to have documentation if there’s ever a dispute about pay.

Paris said:

Mal said:
@Paris
Good idea. Getting something in writing would help avoid misunderstandings.

Exactly. It also helps to have documentation if there’s ever a dispute about pay.

I’ll make sure to ask for written clarification.

I’ve been in a similar situation before, and it really came down to how the shifts were recorded in our payroll system. Make sure your time punches are accurate and reflect your actual work hours.

Emerson said:
I’ve been in a similar situation before, and it really came down to how the shifts were recorded in our payroll system. Make sure your time punches are accurate and reflect your actual work hours.

I always make sure my punches are accurate, but this time it seems like there was a misunderstanding about the shift times.

@Mal
It can be frustrating when the system doesn’t account for nuances like night shifts. Keep a personal record as well to back up your case if needed.

Emerson said:
@Mal
It can be frustrating when the system doesn’t account for nuances like night shifts. Keep a personal record as well to back up your case if needed.

I’ll start keeping a more detailed personal record of my shifts. Thanks for the advice.

Union contracts can sometimes be vague about these details. It might be worth bringing this up during the next contract negotiation to ensure there’s a clear policy in place.

Zuri said:
Union contracts can sometimes be vague about these details. It might be worth bringing this up during the next contract negotiation to ensure there’s a clear policy in place.

I hadn’t considered that. It’s definitely something to bring up in future negotiations.

@Mal
Absolutely. Clear policies help prevent these kinds of issues from arising.