Low Census Days Clause Samples
The Low Census Days clause defines how a service provider or facility handles situations when the number of clients, patients, or occupants falls below a predetermined threshold. Typically, this clause outlines the procedures for adjusting staffing levels, service availability, or billing rates on days when occupancy is unusually low. Its core function is to ensure operational efficiency and financial fairness by allowing adjustments to resources or charges in response to fluctuating demand, thereby protecting both parties from the risks associated with underutilization.
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Low Census Days. The Employer shall exercise its best efforts to rotate low census days equitably by hours on each shift within a department. Prior to instituting mandatory low census, the Employer will endeavor to first cancel agency personnel, employees working in an overtime condition except when the employee is working the employee’s regularly scheduled shift, volunteers, on-call employees and employees working extra shifts. Regular full-time and eligible part-time employees who work reduced schedules at the request of the Employer shall continue to accrue all benefits as if they had worked a normal schedule; provided, however, that under no circumstances shall an employee be credited with more than 2080 hours of work for purposes of benefit accrual during any one (1) twelve (12) calendar month period. The Employer will notify employees of low census at least one and one-half (1 1/2) hours prior to the beginning of their scheduled shift. When an employee is placed on low census, the employee shall not be expected to be available to report for duty during that shift if called unless they have been placed on low census standby. If the employee is called in to work from low census standby, they shall receive one and one-half (1 1/2) times their regular rate of pay for a minimum of three (3) hours. The low census hours/turn shall be posted in each department/unit in an accessible location for employees. If the low census rate is excessive and chronic on a particular unit, the Conference Committee will meet to discuss the situation.
7.11.1 In the event of a low census condition, the Employer will make a good faith effort to determine if a need for the employee's services exists in another department. Employees required to float will receive orientation appropriate to the assignment. Orientation will be dependent upon the employee's previous experience and familiarity with the unit to which the employee is assigned. Employees interested in orienting to another area should notify their manager. The decision to provide orientation is a management decision based upon its determination of organizational needs and budgetary requirements.
7.11.2 Inadvertent or mistaken application of this provision does not entitle the employee to back pay; rather, the employee will be entitled to skip their next turn in the rotation.
Low Census Days. Low census is defined as a decrease in patient care requirements resulting in a temporary staff decrease. During periods of low census, employees will be released from duty in the following order:
a. Agency Staff – those employees employed on a day‐to‐day basis;
b. Employee working an increased rate of time and one‐half (1 ½), except when the employee is working the employee’s regularly scheduled shift, or double time (2 x), regardless of whether the employee is working a regularly scheduled shift;
Low Census Days. (TA 8.18.20)
A. There are times when patient activity does not justify the staff scheduled for a particular shift. If such is the case, a Low Census Day (LCD) will be used to affect temporary reductions in the workforce on a unit/department basis.
B. LCDs will only be mandated after all staffing needs have been met.
C. In the event an LCD is necessary, the following individuals will be mandated an LCD in sequential order:
1. Extra Shift Staff
2. Agency/Travel Nurse (within contract parameters)
Low Census Days. Low census is defined as a decline in patient care requirements resulting in a temporary staff decrease. The Hospital will seek volunteers to leave during a period of low census before determining and implementing the reduced staffing schedule required during a low census period. Among volunteers, low census will be granted in order of request within the unit, including the Resource Unit. Volunteers may be placed on standby based on skills and abilities at the discretion of the House Supervisor. If a nurse is offered low census and unwilling to take standby, the option to take low census will move to the next in line. If a nurse is to receive mandatory low census, the nurse may opt to take standby if there is a need and will be the first to be called back. Where there are insufficient volunteers, nurses will receive a low census day providing skill, competency, and ability of the nurses are equal in the opinion of nursing administration in the following order: There are three (3) types of Low Census which will occur in the following order.
1. Request low census (RLC); There is no maximum number of hours an employee can be provided(non-Capped). RLC will occur in the following order utilizing the Request Low Census Log:
a. Pre-Approved Overtime b. Prescheduled over hired hours/extra shift
Low Census Days. A. When an employee's posted work hours are cancelled by the Hospital due to lack of work, either prior to the beginning of a scheduled shift or during a scheduled work period, he/she shall receive credit for cancelled hours of work toward eligibility for an accumulation of contractually provided benefits. .
B. In the event it is necessary to reduce staffing on a short-term basis because of low census, employees, at their request, will first be granted absent days/hours on a voluntary basis by seniority.
Low Census Days. In the event the Employer needs to cancel or reduce a shift of any Employee(s) for low census, the Employer shall do so in the following order:
1. Volunteers by rotating seniority;
2. PRNs;
3. Employees on modified duty;
4. Least senior employee on overtime status on the affected shift; and
5. Least senior employee on a rotating basis. Cancellations or reductions will be done within job classifications and shift. Full time volunteers for low census cancellations or reductions will not have their eligibility for benefits affected. At their choice, Employees may use any available PTO for low census cancellations or reductions.
Low Census Days.
12.1 Due to fluctuating patient census, it may become necessary to reduce staff on a day-to-day basis, while at the same time keeping an adequate number of Registered Nurses (full-time and part- time) available with the qualifications necessary to accommodate the patients in the System. Low census reduction shall be instituted in the following order: Skill mix, Agency Overtime, Plus shifts /Needs Shift/Critical Shift Registered Nurses**, requests/volunteers, Per Diem Registered Nurses, all other Registered Nurses as determined by rotation within the Nursing Departments. **For Overtime Plus shifts /Needs Shift/Critical Shifts nurses only, they can remain at work over a request/volunteer, they agree to be compensated at their straight time hourly rate of pay until they reach overtime hours as defined in this Agreement. Rotation is based on the date of EL/low census and logged in each individual department. It is the responsibility of the Registered Nurses within those departments to make sure their dates are correct and logged in appropriately. Excused Leave Paid (ELP) and Excused Leave Unpaid (ELU) should be used in the case of low census to bring the employee’s paid hours up to, but not exceeding, the hours appropriate to their current FTE status.
12.2 Low census days shall be considered either paid or unpaid excused time off at the Registered ▇▇▇▇▇’s discretion. The Registered Nurse is accountable for requesting unpaid time and must communicate the request to the department Director for approval. If not specified, the time will be entered by the Department Director as Paid Leave. If a Registered Nurse is called off for low census days, the Registered Nurse will continue to accrue all paid benefits for the days off.
12.3 The System will attempt to give Registered Nurses at least one (1) hour notice not to report to work as scheduled. Registered Nurses will attempt to give the System at least two (2) hours’ notice when not able to report to work. Registered Nurses reporting at their regularly scheduled time and who then are asked to go home upon arrival due to low census shall receive one (1) hour of pay or actual hours worked whichever is greater.
12.4 Registered Nurses assigned a low census day may be placed on-call at the discretion of the System. If on-call, the Registered Nurse receives stand-by pay. If called in after being placed on call, call-in pay (one and one-half (1 ½) times base pay) begins at the start of the regularly scheduled shift time. ...
Low Census Days. The Employer shall exercise its best efforts to rotate low census days equitably on each shift within a department. Prior to instituting mandatory low census, the Employer will endeavor to first cancel agency personnel, employees working in an overtime condition except when the employee is working the employee’s regularly scheduled shift, volunteers, on-call employees and employees working extra shifts. Inadvertent or mistaken application of this provision does not entitle the employee to backpay; rather, the employee will be entitled to skip their next turn in the rotation. Regular full-time and eligible part-time employees who work reduced schedules at the request of the Employer shall continue to accrue all benefits as if they had worked a normal schedule; provided, however, that under no circumstances shall an employee be credited with more than 2080 hours of work for purposes of benefit accrual during any one (1) twelve (12) calendar month period. Low Census will be tracked for each employee based on hours of low census taken.
Low Census Days.
A. When a unit's staffing levels exceed patient care requirements, after floating options have been exhausted, the following occurs in sequence throughout the care center or clinically related area, provided qualification requirements are met:
B. If after making these adjustments, staffing levels still exceed patient care requirements, mandatory time off will be implemented within a unit as follows:
C. For low census situations which occur seasonally, a list of temporary reassignment options may be offered on a voluntary basis to nurses working on affected units. These options may include bargaining unit and non-bargaining unit jobs. Nurses who choose a temporary option will receive their regular salary, with differentials and any appropriate overtime and will continue to accrue seniority and all benefit time for which they are eligible. All approved vacation and holiday requests will be honored. Additional options for dealing with seasonal low census may also be explored in labor management conferences.
Low Census Days. Low census is defined as a decline in patient care requirements resulting in a temporary staff decrease. The Hospital will seek volunteers to leave during a period of low census before determining and implementing the reduced staffing schedule required during a low census period. Among volunteers, low census will be granted in order of request within the unit, including the Resource Unit. Where there are insufficient volunteers, nurses will receive a low census day providing skill, competency, and ability of the nurses are equal in the opinion of nursing administration in the following order:
1. Unit specific volunteers per the Low Census log;
2. A nurse working an “opportunity shift” (a nurse working an opportunity shift who does not want to work that shift will move to the top of the volunteer list)
3. A nurse working pre-approved overtime pursuant to Section 8.13, Overtime Pay (a nurse working pre- approved overtime who does not want to work that shift will move to the top of the volunteer list);
4. A nurse working an “Incentive Bonus” shift, pursuant to the parties’ Letter of Understanding;
5. Agency or traveling nurses;
6. Pool Nurses;
7. A nurse working “Return to hired hours”; and
8. Full and part-time nurses on a rotational basis based on the patient needs on each unit. (The parties agree that a nurse working preapproved overtime or an “Incentive Bonus” shift shall not be mandatorily low censused, if it would then be necessary to float another nurse to cover that nurse’s position.) Staff granted mandatory low census (MLC) for the first staffing decision point will be offered to remain out on MLC for the next staffing decision point if MLC is necessary.