Is it professional misconduct for a nurse to decline overtime?

There is not a simple “yes” or “no” answer to this question. Each case depends on the facts and the context.

It is important for nurses to be aware of their rights and responsibilities regarding overtime. Reviewing employer policies and service agreements can help clarify whether overtime is mandated as part of their employment role and responsibility. If nurses have concerns about overtime, they should reach out to their union for support or consider consulting their professional liability representative for additional guidance.

CNO does not regulate employers and does not determine staffing decisions. Employers are responsible for establishing a work environment conducive to safe and effective client care. This includes having clear policies and procedures in place that meet the needs of the setting and the interests of clients.

Employer reporting process at CNO

Under the Regulated Health Professions Act, 1991, employers have an obligation to report to CNO changes to a nurse’s employment status related to acts of professional misconduct, incompetence, or incapacity. Nurses can read the Additional Information section of the Discontinuing or Declining to Provide Care standard to review the related acts of professional misconduct. CNO assesses all reports with careful consideration of the unique issues, risk to patient safety and context, including the work environment.

Learn more about CNO’s complaints and reports processes.

Related Links