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Posted by / 28-Jul-2020 17:14

Pa nursing laws mandating

Offices primarily used by a physician or a group practice are not covered health care facilities under the act.While several other states–including New York, whose law also went into effect on July 1, 2009–have similar laws that restrict a health care institution from requiring nurses to work mandatory overtime shifts, Pennsylvania’s law is broader, covering nurses as well as other employees who (1) are involved in direct patient care or clinical care services and (2) who receive an hourly wage or are “classified as a nonsupervisory employee for collective bargaining purposes.” Clinical care services include radiology, diagnostic imaging, radiation therapy, phlebotomy, electrocardiogram services, electroencephalography, and laboratory medical services.However, the law does not limit the number of overtime hours that can or should be worked by a covered health care worker, nor does it limit the length of a regularly scheduled shift or preclude covered employees from voluntarily working overtime.The law merely prohibits covered employers from an employee to work longer than an “agreed to, predetermined and regularly scheduled daily work shift.” The law further prohibits an employer from firing, discriminating against or taking an adverse employment action against an employee who refuses to accept work beyond the “agreed to, predetermined and regularly scheduled daily work shift.” Pennsylvania’s Department of Labor may impose penalties ranging from 0 to

Offices primarily used by a physician or a group practice are not covered health care facilities under the act.While several other states–including New York, whose law also went into effect on July 1, 2009–have similar laws that restrict a health care institution from requiring nurses to work mandatory overtime shifts, Pennsylvania’s law is broader, covering nurses as well as other employees who (1) are involved in direct patient care or clinical care services and (2) who receive an hourly wage or are “classified as a nonsupervisory employee for collective bargaining purposes.” Clinical care services include radiology, diagnostic imaging, radiation therapy, phlebotomy, electrocardiogram services, electroencephalography, and laboratory medical services.However, the law does not limit the number of overtime hours that can or should be worked by a covered health care worker, nor does it limit the length of a regularly scheduled shift or preclude covered employees from voluntarily working overtime.The law merely prohibits covered employers from an employee to work longer than an “agreed to, predetermined and regularly scheduled daily work shift.” The law further prohibits an employer from firing, discriminating against or taking an adverse employment action against an employee who refuses to accept work beyond the “agreed to, predetermined and regularly scheduled daily work shift.” Pennsylvania’s Department of Labor may impose penalties ranging from $100 to $1,000 per violation of the act and order health care facilities to correct any violations.On July 1, 2009, Pennsylvania joined a growing number of states that prohibit hospitals and certain health care facilities from requiring nurses and other health care workers to work overtime.The Prohibition of Excessive Overtime in Health Care Act covers public and private, for-profit and nonprofit health care facilities, including hospitals, hospices, psychiatric hospitals, long-term care facilities, cancer patient treatment centers that use radiation therapy on an ambulatory basis, ambulatory surgical facilities and inpatient drug and alcohol treatment facilities, and prohibits them from requiring overtime work from nurses and other specified health care workers.“She was in need of 24-hour care and I did not have someone scheduled to look after her for those extra hours.My boss said I would be fired if I didn’t comply and said I should bring my mother into work with me.

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Offices primarily used by a physician or a group practice are not covered health care facilities under the act.

While several other states–including New York, whose law also went into effect on July 1, 2009–have similar laws that restrict a health care institution from requiring nurses to work mandatory overtime shifts, Pennsylvania’s law is broader, covering nurses as well as other employees who (1) are involved in direct patient care or clinical care services and (2) who receive an hourly wage or are “classified as a nonsupervisory employee for collective bargaining purposes.” Clinical care services include radiology, diagnostic imaging, radiation therapy, phlebotomy, electrocardiogram services, electroencephalography, and laboratory medical services.

However, the law does not limit the number of overtime hours that can or should be worked by a covered health care worker, nor does it limit the length of a regularly scheduled shift or preclude covered employees from voluntarily working overtime.

The law merely prohibits covered employers from an employee to work longer than an “agreed to, predetermined and regularly scheduled daily work shift.” The law further prohibits an employer from firing, discriminating against or taking an adverse employment action against an employee who refuses to accept work beyond the “agreed to, predetermined and regularly scheduled daily work shift.” Pennsylvania’s Department of Labor may impose penalties ranging from $100 to $1,000 per violation of the act and order health care facilities to correct any violations.

On July 1, 2009, Pennsylvania joined a growing number of states that prohibit hospitals and certain health care facilities from requiring nurses and other health care workers to work overtime.

,000 per violation of the act and order health care facilities to correct any violations.On July 1, 2009, Pennsylvania joined a growing number of states that prohibit hospitals and certain health care facilities from requiring nurses and other health care workers to work overtime.The Prohibition of Excessive Overtime in Health Care Act covers public and private, for-profit and nonprofit health care facilities, including hospitals, hospices, psychiatric hospitals, long-term care facilities, cancer patient treatment centers that use radiation therapy on an ambulatory basis, ambulatory surgical facilities and inpatient drug and alcohol treatment facilities, and prohibits them from requiring overtime work from nurses and other specified health care workers.“She was in need of 24-hour care and I did not have someone scheduled to look after her for those extra hours.My boss said I would be fired if I didn’t comply and said I should bring my mother into work with me.

But Pennsylvania health care employers should be warned that there are limits on their ability to mandate overtime.“Reasonable” efforts may include seeking volunteers, contacting other employees who have made themselves available to work extra time and using per diem or temporary staff.The Act forbids retaliation against any employee who refuses overtime under the appropriate circumstances, meaning that health care employers should not discipline, terminate or take any actions that are adverse to a worker’s employment status because of a refusal of overtime.HARRISBURG, PA — Nurses and healthcare professionals welcome the new report by Auditor General Eugene De Pasquale which revealed on Wednesday that, for years, the Department of Labor and Industry failed to properly reinforce Act 102, the landmark law in place to ban mandatory overtime for all healthcare workers in Pennsylvania and prohibit employer retaliation.As a result, patients and frontline caregivers were placed in harm’s way.

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Although the law also covers individuals employed through third-party personnel agencies to perform these services, physicians, physician’s assistants, dentists, and workers who do not care directly for patients or perform clinical care services are not covered by the mandatory overtime prohibition.