Minnesota Nursing Home Work Period Requirements
Pursuant to Minnesota 4658.0115 WORK PERIOD, a nursing home must not schedule a person to duty for more than one consecutive work period except in a documented emergency. For purposes of this chapter, a documented emergency means situations where replacement staff are not able to report to duty for the next shift due to adverse weather conditions, natural disasters, illness, strike, or other documented situations where normally scheduled staff are no longer available. For purposes of this chapter, a normal work period must not exceed 12 hours. For purposes of this chapter, documentation of an emergency means a written record of the emergency. Documentation on the work schedule is one method of providing written record of the emergency.
Minnesota law does not define employees as full or part time, rather Minnesota Rules 5200.0170 defines a workweek. A workweek is a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods.
For the purpose of overtime calculation Minnesota Statutes 177.25 states hours worked in excess of 48 hours in a workweek must be paid at one-and-one-half times the regular rate of pay.
For more information about nursing home staff work period requirements or other questions about elder abuse and neglect contact Nursing Home Neglect Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.