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Tdailey Asked November 2021

Is it legal to leave a patient if a family member stops in for a visit?

I have a client I share with another aide. My clients girlfriend showed up with her son for a visit and the aide said she was leaving because it was illegal for her to be here when company came over. This upset my client very much so I'm trying to get clarification on the situation because I have never left when my clients have company.

JoAnn29 Nov 2021
I have never heard of this. Even if there are visitors, a client may still need aide for something. What if the client needed to go the bathroom. Not the visitors responsibility to take the client. Like said, the aide just goes to another room giving the visitors privacy.

I agree, its not a law.

Isthisrealyreal Nov 2021
Said it was illegal. Hahahaha! So she is fired for walking off the job during her scheduled shift, right?

Any excuse will do when you are looking for one and visitors conveniently gave her one.

She needs to be replaced with someone that doesn't make it up as she goes.

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97yroldmom Nov 2021
Maybe the question is more about ethics than legality.
It sounds like the caregiver just wanted to leave.

Midkid58 Nov 2021
That sounds weird to me. Your client expects and needs you to be where you'll say you'll be--whether or not company comes over. Certainly your aide/friend could fine plenty to occupy her time while waiting for the visit to end.

When I was working Eldercare, my client had visitors ALL THE TIME. I would make sure she (my client) was comfortable and that the visitors had a beverage or snack if they desired one and then I went to another part of the house and did other things for my client. UNLESS my client was LEAVING with the visitors, I stayed until the end of my shift. Sometimes I stayed anyway, as there was always far more to do in my work day than I was booked for.

If your client is in a NH--then I guess you'd have a different situation, but I am making the assumption that you are caring for your client in their home.

If you work for an agency, talk to them and see what their rules are for such occurences. Just walking out b/c your client has visitors doesn't make sense.

I cannot fathom how this could be 'illegal'.

Daughterof1930 Nov 2021
Can’t see anything illegal about leaving or staying. My dad’s helper simply backed away when company was there and left them to visit. She was nearby if needed
Isthisrealyreal Nov 2021
Maybe not a legality but, definitely terms for firing. Walking out in the middle of a scheduled shift will get you fired just about anywhere you work. That is legal.

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