
What do you actually do when an attending looks you in the eye at 7:45 pm and says, “You’re not leaving yet, we still have work to do,” and you’re already past your duty hour limit?
This is where all the abstract “know your rights” advice usually falls apart. Because it is not a policy issue in that moment. It is you, a pager, a senior physician who controls your evaluations, and a silent question: Are you going to push back or cave?
Let’s walk through exactly what to do when that happens. Not in theory. In the real hallway, in the real call room, with real power dynamics.
First, know your actual leverage (and your limits)
You can’t respond well if you don’t understand the rules you’re supposedly breaking or defending.
| Rule Type | Standard |
|---|---|
| Weekly cap | 80 hours per week, averaged over 4 weeks |
| Shift length | Max 24 hours of continuous clinical work (+4 hours for transitions/education) |
| Days off | 1 day in 7, averaged over 4 weeks |
| In-house call | No more frequent than every 3 nights (averaged over 4 weeks) |
| Time between shifts | Reasonable time for rest (often program-specific, e.g., 8–10 hours) |
If you’re consistently hitting or exceeding these, that’s not “you being soft.” That’s a program compliance issue.
Two key realities:
- The ACGME requires your program to protect you from retaliation if you report work hour violations.
- You still live in the real world where attendings write evaluations, chiefs run schedules, and PDs decide your future.
So the move is not “obey everything” or “fight everything.” The move is: protect your license, your safety, and your long-term career with calculated responses.
Scenario 1: You’re at the limit, the attending wants more, and patient care truly is unstable
Example: It’s 6:50 am post-call, you’ve been in-house since 6:30 am yesterday. A patient you admitted at 4 am is now crashing. Attending says, “You’re not leaving; you know the patient best.”
Here’s the reality: Sometimes you should stay, even if it technically breaks the rule—because abandoning an unstable patient is both unsafe and professionally indefensible. But you don’t just silently absorb it.
What to do, step by step:
Clarify that this is about acute patient care, not routine tasks.
You:
“I agree I need to stay for this patient right now. I just want to flag that I’ve hit my 24 hours, so once they’re stabilized, I’ll need to hand off and leave.”Why this works:
You’re signaling that you understand the rules, you’re prioritizing the emergency, and you’re setting a clear endpoint.Immediately plan your exit and handoff.
As soon as the patient is stabilized:
- Start a concise, high-quality sign-out to whoever is covering.
- Tell the attending you’re leaving now that the crisis is over.
You:
“They’re stable now, and I’ve signed them out to Dr. X. I’m at 26 hours in-house. I’m heading out so I don’t compromise safety for everyone else.”Document the violation without turning it into a war.
- Enter your actual hours accurately in your work hour system. Do not “fix” it to look compliant.
- If your program has a comment box, write something factual: “Stayed 2 extra hours post-call for acute decompensation of ICU patient needing immediate interventions and communication with family.”
That’s reasonable, defensible, and hard for anyone to twist into “lazy resident.”
If this starts becoming a pattern, escalate.
One crisis? Fine. Weekly “just stay a little longer for sign-outs” after call? Not fine.
This is when you email your chief or APD: “I’m consistently staying 2–3 hours post-call due to expectations around rounding and non-urgent tasks. I want to provide good care, but this is pushing me past ACGME limits regularly. Can we discuss ways to structure coverage/handoff so this doesn’t keep happening?”
Calm. Factual. Puts the problem where it belongs: on the system, not you.
Scenario 2: You’re past limits, patients are stable, and the attending wants you to stay for routine work
This is the most common and the most infuriating.
The line usually sounds like:
- “Everyone stays late on this service.”
- “We all did it when we were residents.”
- “There’s still work to be done; you’re not leaving just because your hours are up.”
This is where you must learn how to push back without setting yourself on fire.
Step 1: Use a boundary + solution combo
Straight refusal usually backfires. Straight compliance burns you out. You want a third option: respect + firm boundary + a handoff plan.
You:
“I want to make sure everything’s safe, but I’m already at 80 hours this week and we’re required to log accurately. I can stay 15 more minutes to give a clean sign-out and prioritize pending issues, but I can’t stay to do routine orders or notes.”
That sentence does four things:
- Reaffirms your intent to keep patients safe.
- Cites the rule without accusing them of violating it.
- Sets a time-bound limit.
- Differentiates urgent from non-urgent work.
Step 2: Say “we’re required” not “I don’t want to”
You’re not just a tired resident whining. You’re a physician under regulatory obligations.
Examples:
- “We’re required to stay under 80 hours averaged, and I’m at the limit. I can sign out any active issues, but I need to leave.”
- “We’ve been told to log accurately for ACGME, and I’m already over. I need to hand these remaining tasks to the night float.”
This takes it out of the “you vs attending” dynamic and anchors it to a third-party standard.
Step 3: Offer a very clear, responsible handoff
Do not say, “I’m leaving, good luck.” That gives them ammo.
Instead:
- Give a concise patient list, highlight 2–3 patients at actual risk.
- Put in “anticipated” orders or notes where appropriate.
- Page or call the covering resident and explicitly sign out.
You:
“I’ve already updated the list. Mr. X needs a 10 pm BMP recheck; Ms. Y is pending blood cultures; all others are stable. I’ve signed them out to Dr. Z and marked the to-dos.”
You’re not abandoning. You’re transferring safely.
Scenario 3: You already stayed late once, now it’s becoming a pattern
Once is “team player.” Thrice is “this is the new culture.” That’s the trap.
Patterns you should not ignore:
- Your attending routinely schedules “teaching rounds” that start near your end time and run 1–2 hours over.
- You’re post-call and always end up staying to finish discharges and notes because “you admitted them, you own them.”
- You’re consistently pulled into new admits or consults near the end of your shift without backup.
This is where you move from 1-on-1 boundary setting to system-level conversation.
Step 1: Collect 2–3 concrete examples
No one takes “we always stay late” seriously. They do pay attention when you say:
“In the last 2 weeks, I’ve hit over 80 hours on 3 of 4 weeks, mainly due to late add-on consults after 5 pm on days when I’m scheduled to leave at 6.”
Or: “On three consecutive calls, I left the hospital at 1–2 pm post-call due to expectations to round and write notes on all my patients from the night.”
Dates, numbers, patterns. No whining.
Step 2: Talk to your chief resident first, not directly to the PD (in most programs)
Cheifs handle 80% of this. And they often already know which attendings are pushing limits.
You:
“I’m trying to respect duty hours and also not dump work on co-residents, but on X service, I’ve repeatedly stayed 2–3 hours over. Here are a few examples. Can we talk about shifting workflow or coverage so this doesn’t keep happening?”
You’re not asking, “Can you fix my attending?” You’re asking, “How do we fix a recurring structural problem?”
| Category | Value |
|---|---|
| Written Limit | 80 |
| [What You Log](https://residencyadvisor.com/resources/residency-duty-hours/what-pds-really-track-when-you-log-your-residency-work-hours) | 78 |
| What You Actually Work | 88 |
Step 3: If nothing changes, then yes, go up the chain
If chiefs shrug. If nothing changes. If everyone just jokes about how “this rotation is 100 hours a week.” That’s when you involve the PD or program leadership.
The email / conversation script:
“On [rotation/service], I’m consistently working above ACGME limits despite attempting to hand off appropriately. I’ve discussed this with [chief name] and wanted to escalate because it’s becoming routine rather than rare. Here are 2–3 specific weeks and the factors contributing (late add-ons, expectations to stay post-call for non-urgent work). I want to provide good patient care and be a good team member, but this seems unsustainable and non-compliant. How do you recommend we address it?”
You’re not whining. You’re reporting.
Exactly what to say in the moment (scripts you can actually use)
Let’s get painfully practical. Here are phrases that work in real life, not in fantasy HR training.
When you need to leave and the attending is pushing back
You:
“I’ve hit my duty hour limit for the week. I can stay 10–15 minutes to sign out any active issues, but I can’t safely stay longer for routine tasks.”
Attending: “We all stayed late as residents; that’s part of the job.”
You:
“I get that, and I’ve been staying late when it’s truly necessary. But I’m already over the 80-hour limit this week. I’d be out of compliance if I stay, and we’ve been instructed to log accurately. Let me sign this out to the night resident so it’s covered.”
When an attending assigns new work right at the end of your shift
Attending: “Can you go see this new consult? It shouldn’t take long.”
You (if it will clearly push you over):
“I can start the chart review and tee things up, but I’m at my hour limit today. I’ll need to hand this off to the night team to finish the consult and write the note. Is that okay, or would you prefer they take it from the start?”
You give them a choice that doesn’t involve “you stay late.”
When you’re post-call and they want you to stay to round
Attending: “You admitted these patients; I expect you to round on them.”
You:
“I’ve been here 24 hours and I’m hitting the post-call limit. I can quickly sign out my patients and key overnight events to the day team, but I shouldn’t stay for full rounds. I want to make sure they’re well handed off though.”
If they keep pushing, this is one of the scenarios you absolutely bring to chiefs/leadership. Post-call abuse is a classic ACGME red flag.
When you’re scared of retaliation (and you’re not wrong to be)
You’re not paranoid. Some attendings will quietly tank an evaluation if you set boundaries. I’ve seen it. Residents know who those people are.
Here’s how to reduce the risk while still not being a doormat.
1. Be consistent, not selective
If you only push back on one attending and never on others, it’s easy to paint you as “problematic” rather than “principled.”
If you’re going to respect work hours:
- Do it across services.
- Use similar language everywhere.
- Don’t stay endlessly for one attending, then suddenly cite ACGME when it’s someone less powerful.
Consistency makes it harder to spin a personal narrative about you.
2. Document neutrally
If you think someone might come after you, quietly keep:
- Dates/times of major overages.
- Who asked you to stay and what for.
- Whether patients were unstable vs stable.
You don’t weaponize it out of the gate. But if you ever need to explain to a PD why your evaluation is bizarrely negative, you have a factual backbone.
3. Use the “I’m worried about safety” angle
Program leadership will tune out “I’m tired.” They listen very closely to “this could be unsafe for patients and residents.”
When escalating, always tie chronic overwork to:
- Risk of medical errors.
- Inadequate rest before high-acuity shifts.
- Inconsistent supervision because attendings are also stretched.
You’re framing it as, “I care about the care we’re providing,” not “I want to go home early.”
When the culture is toxic, not just one attending
Some programs are structurally non-compliant. Everyone knows it. Jokes about “we stopped logging honestly years ago.” That’s not a misunderstanding. That’s a liability.
At that point, your options narrow to three:
Play along and lie on your logs
Risk: If something terrible happens and your real hours come out, you’re exposed. Also, burnout.Quietly log honestly and try to survive
Risk: Pressure, subtle retaliation, social friction. But you keep your integrity and your license safer.Log honestly + bring it to institutional level if needed
If program leadership does nothing and it’s truly unsafe, there are escalation channels (GME office, anonymous reporting, ACGME surveys and complaints).
Is blowing the whistle easy? No. Can it blow back? Yes. But if you’re in a place where everyone is routinely breaking hours and leadership shrugs, you’re already in a dangerous spot.
| Step | Description |
|---|---|
| Step 1 | You notice chronic overwork |
| Step 2 | Track hours and examples |
| Step 3 | Talk to co-residents |
| Step 4 | Discuss with chief resident |
| Step 5 | Meet with PD or APD |
| Step 6 | Monitor and keep logging accurately |
| Step 7 | Contact GME office |
| Step 8 | Consider ACGME complaint or transfer |
| Step 9 | Improvement? |
| Step 10 | Still unsafe? |
I’m not telling you what to pick. I’m saying: be deliberate about which risk you accept. Don’t drift into it.
Quick reality checks to keep your head straight
- Feeling guilty leaving on time? That’s conditioning, not professionalism.
- Logging actual hours isn’t “complaining.” It’s literally the system design.
- “Team player” does not mean “sacrifice your license and health for poor staffing.”
- A good attending will respond to, “I’m at my duty hour limit; can we figure out sign-out?” with problem solving, not shaming.
And if they shame you? You’ve learned something important about them. And about your program.

Mini-game plan you can actually use tomorrow
Before shift:
- Know where you are in your weekly total.
- Decide in advance what your boundary is (e.g., “I’ll stay 30 minutes max for critical stuff, not 2 hours for notes.”)
During shift, last 1–2 hours:
- Start wrapping up early. Anticipate “one more thing” demands.
- Clarify priorities with seniors: “I have 45 minutes left—what’s most important to finish before I hand off?”
When pressured to stay:
- Use the script: “I’m at my hour limit. I can stay briefly to sign out active issues, but I can’t safely stay longer for routine tasks.”
- Offer a concrete sign-out plan.
After shift:
- Log honestly. Always.
- If you had to break limits, note why (unstable patient versus cultural expectation).
Weekly:
- If it’s a pattern, bring it to chiefs with 2–3 specific examples and proposed solutions.

FAQ (Exactly 5)
1. What if my senior resident, not the attending, is the one pushing me to stay past limits?
Treat it almost the same way, but with a little more emphasis on shared responsibility. For example: “We’re both going to get flagged if our team’s hours are way over. I’m already at 80 this week. I can help prioritize what absolutely needs to be done before I leave, and the rest we’ll need to sign out to nights.” If they keep pushing, bring it up with the chief. Chronic abuse by seniors is something leadership usually takes seriously—because it affects multiple classes.
2. Should I ever lie on my work hour logs to avoid trouble for my program?
No. That’s how programs stay broken and how you end up unprotected if something goes wrong. You can choose to stay late when you think it’s the right call, but you log it honestly. If leadership wants to “fix” it, the fix is scheduling and staffing, not falsifying records. Once you start editing hours, you’ve agreed the story is fake—and you lose leverage.
3. What if my evaluation clearly tanks after I start setting boundaries around hours?
Do not ignore that. Save the eval, then schedule a meeting with your PD or APD. Frame it like: “I noticed some feedback that doesn’t line up with prior evaluations or my understanding of my performance. Around the same time, I also began trying to adhere more closely to duty hour limits on this service. I want to understand if there are specific behavior changes you’d like to see, because I’m concerned that my attempts to stay compliant might be being misinterpreted.” You’re connecting dots without directly accusing. A decent PD will notice the pattern.
4. How much is it okay to stay over ‘just to be nice’ to the team?
An occasional 20–30 minute overage to complete something truly time-sensitive (family meeting, critical test result, sick patient) is normal. When “nice” starts looking like 1–3 hours over, multiple times a week, doing tasks that could be handed off (routine discharges, full note rewrites, non-urgent consults), you’re subsidizing a broken system with your health. That’s not generosity. That’s exploitation disguised as “good teamwork.”
5. Can I get in trouble with the ACGME personally if I go over hours?
The ACGME’s concern is with program compliance, not punishing individual residents for occasionally exceeding limits. The real problems come when:
- Violations are frequent and systemic, and
- Hours are falsified to hide that.
Your personal risk is more about burnout and errors than the ACGME coming after you. Your duty is to log honestly and to speak up once it becomes a pattern. After that, the responsibility shifts where it belongs: to your program.
Key takeaways:
- Do not silently absorb chronic overages—log honestly, set boundaries in the moment, and focus on safe handoffs.
- Differentiate true emergencies (where staying briefly is reasonable) from cultural expectations to “just stay until it’s all done.”
- When patterns emerge, escalate with specific examples and proposed solutions, protecting both patient safety and your own career.