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Nothing in the new law restricts voluntary overtime; however, the New York State Board of Nursing seeks to preclude nurses from voluntarily working more than 16 hours in a 24-hour period.

Health care employers that fail to develop or properly implement Nurse Coverage Plans will not be able to rely on the patient care emergency exception to mandatory overtime.

The facility is required to document all steps it took under the Plan to seek alternatives before it can mandate overtime.

The regulations provide that Nurse Coverage Plans should take into account typical patterns of staff absenteeism due to illness, bereavement and other "similar factors" as well as the facility's typical levels and types of patients.

The Plans must identify as many alternative staffing methods as needed to ensure adequate staffing without using mandatory overtime.

Plans must identify and describe the alternative staffing methods a health care employer will use to ensure adequate staffing other than the use of mandatory overtime.

The Plan must also be readily available to nursing staff, collective bargaining representatives and state officials.

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