Mandating healthcare

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Answer: Under these circumstances, assignment of additional hours must be utilized as a last resort, the health care facility or employer has to exhaust reasonable efforts to obtain other staffing; and, the health care facility or employer must provide the employee up to 1 hour to arrange for the care of the employee’s minor child or elderly or disabled family member.Act 102 states that a health care facility engages in "reasonable efforts" when it: Answer: Act 102 allows mandatory overtime for absences, discovered at or before the commencement of a scheduled shift, which could not be prudently planned for by the employer and which could significantly affect patient safety.

Pennsylvania’s Minimum Wage Act and the federal Fair Labor Standards Act, on the other hand, govern the payment of overtime wages.These facilities provide clinically related health services, regardless of whether the operation is for profit or nonprofit and regardless of whether operation is by the private sector or by State or local government.These facilities include: An individual is involved in clinical care services if the individual is involved in diagnostic imaging, treatment or rehabilitative services provided in a health care facility including the following: radiology, and diagnostic imaging, such as magnetic resonance imaging and postitron emission tomography; radiation therapy; and, laboratory medical services.It does not prohibit overtime for on-call time, if certain unforeseeable emergent circumstances occur or if an employee must complete a patient care procedure already in progress at the end of regularly-scheduled shift and the employee’s absence could have an adverse effect on the patient.Act 102 does not prevent an employer from providing employees more protection from mandatory overtime than the minimum established under this act. However, an employer may not retaliate against an employee who refuses to work overtime.

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