ACT 102

Published

I have just experienced a blatant violation of Act 102. I was mandated to work 16 hours and come back in for another shift less than 10 hours later. While I was deciding to file a complaint with the Labor Department I just kept thinking of all the hard work other nurses have done to get this law passed. In the end, it was an easy decision to make to file the complaint. The last I have heard the Labor department is very slow at investigating these types of complaints. Has anyone filed a complaint for violating Act 102 and how did it work out for you?

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No, but I would love to hear an update on this incident when you hear back.

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Specializes in NICU.

The law states " An employee required to work more than 12 consecutive hours under the Act's exceptions or who volunteer to work more than 12 consecutive hours may receive 10 consecutive hours of off-duty time immediately following the worked overtime. An employee may waive this off-duty time, however."

It does not state that the employer is required to give you 10 hours off after working 12 consecutive hours.

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"shall" receive ........ Reread the Act 102.

I also called the Labor Department and they confirmed it appears the Act was in fact violated. They told me how to fill the paperwork out.

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"may" is the part where the overtime was "volunteer". If the overtime is "mandated", they are required to give you 10 hours between shift. I hope this clears this up for you.

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The law states " An employee required to work more than 12 consecutive hours under the Act's exceptions or who volunteer to work more than 12 consecutive hours may receive 10 consecutive hours of off-duty time immediately following the worked overtime. An employee may waive this off-duty time, however."

It does not state that the employer is required to give you 10 hours off after working 12 consecutive hours.

[h=3]18. WHAT OFF-DUTY TIME IS AN EMPLOYEE ENTITLED TO?[/h]Answer: An employee who is required to work more than 12 consecutive hours per workday where mandatory overtime is allowed under section 3© of Act 102 or who volunteers to work more than 12 consecutive hours shall be entitled to at least 10 consecutive hours of off-duty time immediately after the worked overtime. An employee may voluntarily waive this off-duty time.

ACT 1

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thanks for clarifying this for us. I am surprised at the number of nurses that I work with that do not know Act 102.

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OP, just out of curiosity, did your overtime meet the threshold for legal "exceptions" to the Act? Such as below?

12. IS OVERTIME ALLOWED FOR AN "UNFORESEEN EMERGENT CIRCUMSTANCE" AND WHEN DOES THIS OCCUR?

Answer: Act 102 allows mandatory overtime for an unforeseeable emergent circumstance which is any of the following:

  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 provision of needed health care services or increases the need for health care services. These events include: an act of terrorism; a natural disaster; and, 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. Except as provided in this definition, no time period is set for when the call in must occur and the Bureau will review each case individually.

Vacancies arising from chronic short staffing are not an unforeseeable emergent circumstance.

And if so, did they do the following as required by law before mandating your overtime?

13. WHAT MUST A HEALTH CARE FACILITY DO WHEN AN UNFORESEEABLE EMERGENT CIRCUMSTANCE OCCURS?

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:

  1. Seeks persons who volunteer to work extra time from all available qualified staff who are working at the time of the unforeseeable emergent circumstance;
  2. Contacts all qualified employees who have made themselves available to work extra time;
  3. Seeks the use of per diem staff; or
  4. Seeks personnel from a contracted temporary agency when use of this staff is permitted by law or regulation.

However, the health care facility should utilize other reasonable efforts, which may not be listed, before overtime may be mandated.

ACT 1

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Someone call off and they told me that they tried to call people in. I did not say anything during the conversation with the nurse supervisor. when she was done speaking, I simple asked if I was in fact being mandated. she answered, "yes, you are being mandated". My next statement was " do you know I am scheduled to come in at 7 pm. she said "yes". I emailed the daylight nurse supervisor and asked her if I am required to come in for my 7 pm shift after working 16 straight hours. she said "yes you are required to come in if you are on the schedule.

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Specializes in orthopedic/trauma, Informatics, diabetes.

Why would they even want that? that is asking for a sentinel event. We have a safety reporting system and we can report unsafe staffing/issues. That is insane. Unless there is an emergency (hurricane, blizzard) we are not allowed to work more than 16 hours and then I believe our policy is a minimum of 12 (maybe 16) off.

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