mandatory overtime - Fédération interprofessionnelle de la santé du Québec

Tool to aid in decision-making

Is a manager requiring that you do mandatory overtime (MOT)? Making a decision when MOT is imposed is complex and requires taking multiple factors into consideration. Too often, MOT is used to make up for poor management. It is therefore important to distinguish between a predictable vacancy that was not filled and urgent and exceptional situations. Just because your manager is asking you to do MOT doesn’t mean you are automatically obliged to stay.

To help you see things more clearly, the FIQ is providing a tool that can help you quickly make a decision based on your specific situation. Upon filling out this form, you will have several tools on hand to make an informed decision.

1- Does one of these statements apply to your situation?

Complication of a case underway
Massive influx of patients
Code underway
Unusual and heavy client numbers in your care unit
Any other urgent and unpredictable situation

2- Could your mental or physical state compromise the quality of care?

2- Are there enough healthcare professionals to ensure immediate backup or backup over the short term?

3- Could your mental or physical state compromise the quality of care?

Poor management does not justify imposing MOT. In such a situation, it is your manager’s responsibility to find backup as quickly as possible. You can leave after your shift or once backup arrives, since the situation that led to mandatory overtime is not justified.

If you decide to do the imposed shift all the same, make sure your physical and mental health won’t compromise the care quality.

An urgent or exceptional situation could require that you stay and do mandatory overtime. In such a situation, you have to stay and do MOT since the situation that led to the mandatory overtime is justified, that is, as long as your physical and mental state allow you to.

This type of situation is different from a predictable lack of staff that the manager knew about but didn't cover. Here is a non-exhaustive list of urgent and exceptional situations:

Complication of a case underway
Massive influx of patients
Code underway
Unusual and heavy client numbers in your care unit

Your obligation to stay and do MOT is strictly limited to the duration of the emergency situation, to stabilize the complication of a case underway or until the employer finds voluntary backup in the event of an unexpected absence.

An inadequate physical and mental state could alter your clinical judgement and jeopardize an intervention that requires strength, endurance, meticulousness, or an extended state of alertness. In this kind of situation, you should insist on backup to be able to leave after your shift.

Evaluating your physical and mental capacity is imperative before agreeing to MOT since your professional obligation to uphold your code of ethics still applies despite your employer’s directives.

Still have doubts? Feel free to contact your local union team. They will be able to advise you.

You are the one who can best evaluate your ability to provide safe, proper care, and determine if you can leave based on the situation. You can impose your limit!

Report MOT to your local union team to help denounce this practice!

The FIQ has long denounced the use of MOT as a management method. This practice, often used because of poor planning and budget cuts, is dangerous and leads to unjustifiable consequences for the quality of care and healthcare professionals. Let’s take action together to put an end to it.

MOT Inquiry form for a collective grievance

In December 2022, the delegation, meeting at a Provincial Council, chose to put a new approach to contesting mandatory overtime (MOT) in place. This new procedure promotes filing collective grievances on the Employer’s practice or management method, while claiming damages for prejudices incurred by members.

The ultimate goal is to tackle this scourge more effectively and put an end to this management method in order to meet the current, planned and/or foreseeable needs for healthcare professionals.

If you have to work MOT, check with your local team if a collective grievance is in progress and covers your situation. This could be the case.

If yes, add your situation to this collective grievance by completing the MOT Inquiry form for a collective grievance.