Prohibition of Excessive Overtime in Health Care Act

Signed into Law:  October 9, 2008

House Bill #834 was signed into law by Governor Rendell on October 9, 2008.  It is now ACT 102 of 2008.  Once AFSCME Council 13 receives specific regulations from L&I regarding this new law, we will update this site with more information.

ACT 102 of 2008 limits forced mandatory overtime for direct care workers in hospitals, nursing homes, state facilities, and other health care facilities in Pennsylvania.  This law will provide a safer environment for patients, improving working conditions for hospital workers, and improving the quality of health care.  This law will help reduce fatigue among direct care givers thereby reducing errors, saving lives, and improving quality and affordability of health care in Pennsylvania. 

The law will not eliminate all mandatory overtime.  Exceptions are defined as follows:

Unforeseeable Emergent Circumstance

• 1)      An unforeseeable DECLARED National. State, or Municipal Emergency

 

• 2)      A highly unusual or extraordinary event which is unpredictable or unavoidable and which substantially affects the provisions of needed health care services or increases the need for health care services, this includes:

• a)      An Act of Terrorism

• b)      A Natural Disaster

• c)      A Widespread Disease Outbreak

 

• 3)      Unexpected Absences, DISCOVERED AT OR BEFORE THE COMMENCEMENT OF A SCHEDULED SHIFT, which could not be PRUDENTLY PLANNED FOR BY AN EMPLOYER, and which could SIGNIFICANTLY AFFECT PATIENT SAFETY.

 

• 4)      The term does not include: VACANCIES THAT ARISE AS A RESULT OF CHRONIC SHORT STAFFING

 

Collective Bargaining

            Nothing in this Act shall prevent an employer or health care facility from providing employees more protection from mandatory overtime than the minimum established under this Act.

 

Effective Date

            As of the Signing of the Act on October 9, 2008, the Department of Labor and Industry shall within 18 months publicize THE REGULATIONS to implement this Act.                 

           

            The effective date of Act 102 of 2008 is JULY 1, 2009.