Mandatory Overtime Bill - Pennsylvania - House Bill

AN ACT

Prohibiting mandatory overtime and excessive duty hours of health care workers. The General Assembly of the commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Restricted Overtime for Health Care Workers Act.

Section 2. Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

Declared state of emergency. An officially designated state of emergency that has been declared by a Federal, State of local government official having authority to declare that the State, county, municipality or locality is in a state of emergency. The term does not include a state of emergency which results from a labor dispute in the health care industry.

Department. The department of Health of the Commonwealth.

Employee. A non-supervisory individual employed by a health care facility who receives and hourly wage or is classified as a non-supervisory employee for collective bargaining purposes.

Health care facility. A facility licensed by either the Department of Health or the Department of Corrections.

Nursing care. Care which falls within the scope of practice set forth in the applicable nurse practice act or otherwise encompasses recognized professional standards of nursing practice.

Off-duty. An individual that has no restrictions placed on his or her whereabouts and is free of all restraint or duty on behalf of the health care facility.

On-duty. An individual that is required to be available and ready to perform services on request within or on behalf of the health care facility and includes any rest periods or breaks during which the individuals ability to leave the health care facility is restricted either expressly or by work-related circumstances beyond the individuals control.

Section 3. Prohibition.

(a) Mandatory overtime.

(1) Notwithstanding any other provision of law to the contrary and subject only to the exceptions included in this section, a health care facility may not mandate or otherwise require, directly or indirectly, an employee to work or be in on-duty status in excess of any one of the following:

(i) the regularly scheduled work shift or duty period;

(ii) twelve hours in a 24-hour period; or

(iii) eighty hours in a 14 consecutive-day period.

(2) As used in this act, the term mandatory or mandate means any request which if refused or declined by the employee may result in discharge, discipline, loss of promotion or other adverse employment consequence.

(3) Nothing in this subsection is intended to prohibit the employee from voluntarily working overtime.

(b) Maximum hours.

(1) No employee may work or be in on-duty status more than 16 hours in any 24-hour period.

(2) Any employee working 16 hours in any 24-hour period must have at least eight consecutive hours off-duty before being required to return to duty.

(3) No employee may be required to work or be on-duty more than seven consecutive days without at least one consecutive 24-hour period off-duty within that time.

Section 4. Exceptions.

(a) Declared state of emergency.

(1) During a declared state of emergency in which a health care facility is requested or otherwise reasonably may be expected to provide an exceptional level of emergency or other medical services to the community, the mandatory overtime prohibition in section 3(a) shall be lifted to the following extent:

(i) Employees may be required to work or be on-duty up to the maximum hour limitations set forth in section 3(b) provided the health care facility has taken the steps set forth in this section.

(ii) Prior to requiring any employee to work mandatory overtime, the health care facility must make reasonable efforts to fill its immediate staffing needs through alternative efforts, including requesting off-duty staff to voluntarily report to work, requesting on-duty staff to volunteer for overtime hours and recruiting per diem to report to work.

(iii) This exemption shall not exceed the duration of the declared state of emergency or the health care facilitys direct role in responding to medical needs resulting from the declared state of emergency, whichever is less.

(2) During a declared state of emergency in which a health care facility is requested to provide an exceptional level of emergency or other medical services to the community, the maximum hour limitation in section 3(b) shall be lifted to the following extent:

(i) Employees may work or remain on-duty for more than the maximum hour limitations set forth in section 3(b) provided:

(A) The decision to work the additional time is voluntarily made by the individual employee affected.

(B) The employee is given at least one uninterrupted four-hour rest period before the completion of the first 16 hours of duty and an uninterrupted eight-hour rest period at the completion of 24 hours of duty.

(C) No employee may work or remain on duty for more than 24 consecutive hours in a 72-hour period.

(D) An employee who has been on-duty for more than 16 hours in a 24-hour period who informs the health care facility that he or she needs immediate rest must be relieved from duty as soon thereafter as possible consistent with patient safety needs and given at least eight hours uninterrupted hours off-duty before being required to return for duty.

(ii) As used in this act, rest period means a period in which an

individual may be required to remain on the premises of the health care facility but is free of all restraint or duty or responsibility for work or duty should the occasion arise.

(iii) This exemption shall not exceed the duration of the declared state of emergency or the health care facilitys direct role in responding to medical needs resulting from the declared state of emergency, whichever is less.

(b) Penalty.

Any employer who violates or fails to comply with any of the provisions of this act is liable to the employee affected for an amount equal to eight times the employees regular hourly wage less any amount actually paid to the employee by the employer.

Section 5. Effective date.

This act shall take affect in 120 days.