Act 102 also does not cover workers involved in environmental services, clerical, maintenance, food service or other job classification not involved in direct patient care and clinical care services.
Individuals must also work for a health care facility and meet the Act’s definition of an employee as discussed in the FAQ, above.
NOTE: This is not a formal adjudication, decision or binding norm.
Any answers or opinions concerning Act 102 may be revised through hearings, appeals, future enforcement or regulation.
Overtime occurs, under Act 102, when the time exceeds the agreed to, predetermined and regularly scheduled work shifts.
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.
Answer: The Bureau is still considering this matter.
However, the Bureau will review the actual duties and work of the employee in a particular situation.
An employer should also utilize reasonable efforts to fill the vacancy as described in a previous FAQ.