APTC FORM 102 PDF

Any answers or opinions concerning Act may be revised through hearings, appeals, future enforcement or regulation. The Bureau may also revise these answers if it receives additional information. Is mandatory overtime for health care workers prohibited? Answer: Act prohibits a health care facility from requiring employees to work more than agreed to, predetermined and regularly scheduled work shifts. Employees covered under Act are individuals involved in direct patient care or clinical care services who receive an hourly wage or who are classified as nonsupervisory employees for collective bargaining purposes.

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Any answers or opinions concerning Act may be revised through hearings, appeals, future enforcement or regulation. The Bureau may also revise these answers if it receives additional information. Is mandatory overtime for health care workers prohibited? Answer: Act prohibits a health care facility from requiring employees to work more than agreed to, predetermined and regularly scheduled work shifts. Employees covered under Act are individuals involved in direct patient care or clinical care services who receive an hourly wage or who are classified as nonsupervisory employees for collective bargaining purposes.

Act will not prevent an employee from working more than an 8-hour shift if the this shift is agreed to and regularly scheduled. Act does not prevent an employer from providing employees more protection from mandatory overtime than the minimum established under this act. Employees may also agree to work any overtime. However, an employer may not retaliate against an employee who refuses to work overtime.

An employee may waive this off-duty time, however. When does Act take effect and who enforces it? Answer: Health care facilities must begin compliance with this law on July 1, Who must comply with Act ? 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: A general or special hospital, a psychiatric hospital, a rehabilitation hospital, a hospice, an ambulatory surgical facility, a long-term care nursing facility, a cancer treatment center using radiation therapy on an ambulatory basis and an inpatient drug and alcohol treatment facility.

A facility which provides clinically related health services and which is operated by the Department of Corrections, the Department of Health, the Department of Military and Veterans Affairs or the Department of Public Welfare. A mental retardation facility operated by the Department of Public Welfare. What facilities are not governed under Act ? Answer: The following do not constitute health care facilities governed under Act An office used primarily for the private or group practice by a health care practitioner.

A facility providing treatment solely on the basis of prayer or spiritual means in accordance with the tenets of a church or a religious denomination.

A facility conducted by a religious organization for the purpose of providing health care services exclusively to clergy or other individuals in a religious profession who are members of the religious denomination conducting the facility.

Who is considered an "employee" governed under Act ? Answer:The Bureau will enforce this act for an employee as the word is defined in section 2 of Act An employee includes all of the following: An individual employed by a health care facility, the Commonwealth of Pennsylvania or one of its instrumentalities, or a political subdivision such as a county, municipality, school district, local government. Who is involved in direct patient care activities or clinical care services.

Who receives an hourly wage or is classified as a nonsupervisory employee for collective bargaining purposes. An employee also includes an individual employed through a personnel agency that contracts with a health care facility to provide personnel. 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.

Are home health care workers governed by Act ? Answer: If these workers otherwise meet the definition of employee in section 2 and are employed by a health care facility under section 2 such as a general or special hospital, psychiatric hospital, rehabilitation hospital, ambulatory surgical facility; long-term care nursing facility, cancer treatment center using radiation therapy on an ambulatory basis or an inpatient drug and alcohol treatment facility under Act , these employees fall within Act coverage.

Home health care workers employed by an entity that does not meet the definition of health care facility under section 2 are not governed by Act What is not impacted by Act ? Answer: Act has some exclusions: Does not apply to facilities and employees which do not fall within the definitions of Health care facility and Employee contained in section 2 of Act Does not prevent an employee from working more than an 8-hour shift if this shift is agreed to and regularly scheduled.

Does not prevent an employer from providing employees more protection from mandatory overtime than the minimum established under this act.

Is this law different than overtime laws concerning overtime wages? Answer: Whether overtime is allowed under this law is determined under its expressed provisions. Overtime occurs, under Act , when the time exceeds the agreed to, predetermined and regularly scheduled work shifts. An employee covered by this law is determined by the definitions in Act What individuals are not governed by Act ? Act 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.

The term "direct patient care" used in the definition of "employees" is not defined in Act How will this term be defined? For example, will it cover pharmacists? 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. However, an employee is also an individual governed by Act if the individual is engaged in Clinical care services which is defined in section 2 as explained, above.

Does Act govern nurse practitioners and nurse anesthetists? Answer: Because Act did not specifically exclude nurse practitioners and nurse anesthetists, it appears that these practitioners are not excluded from coverage. However, these practitioners would have to be employed by a health care facility to trigger the Act. Is overtime allowed for an "unforeseen emergent circumstance" and when does this occur? Answer: Act allows mandatory overtime for an unforeseeable emergent circumstance which is any of the following: An unforeseeable declared national, state or municipal emergency.

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.

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.

What must a health care facility do when an unforeseeable emergent circumstance occurs? Act states that a health care facility engages in "reasonable efforts" when it: Seeks persons who volunteer to work extra time from all available qualified staff who are working at the time of the unforeseeable emergent circumstance; Contacts all qualified employees who have made themselves available to work extra time; Seeks the use of per diem staff; or 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. Are last minute employee call-ins considered "unexpected absences" under the exclusion for unforeseeable emergent circumstances? Answer: Act 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.

As noted in a previous FAQ, there is no specific time period for the call-in to occur. An employer should also utilize reasonable efforts to fill the vacancy as described in a previous FAQ.

Vacancies arising from chronic short staffing is not an unforeseeable emergent circumstance. Is it permissible to utilize mandatory overtime to fill a "posted hole in the schedule? Therefore, it is not an unforeseeable emergent circumstance or considered an unexpected absence. Therefore, mandatory overtime may not be used where this is the reason for the overtime. What is "on-call time," and is it excluded under Act ? Section 2 of the Act defines on call time as: Time spent by an employee who is not currently working on the premises of the place of employment but who: is compensated for availability; or as a condition of employment, has agreed to be available to return to the premises of the place of employment on short notice if the need arises.

The Bureau will have to address the particular facts of each use of on call time. Will Labor and Industry allow employers to provide incentives to encourage employees beyond their shift on a given day? Answer: Under section 3 of Act , an employee may voluntarily accept to work overtime. Act prohibits retaliation if an employee does not voluntarily accept overtime.

Act does not prohibit the use of incentives. Retaliation occurs when an employee refuses to accept mandatory overtime prohibited under Act and the health care facility subjects the employee to discrimination, dismissal, discharge or any other employment decision adverse to the employee because of this refusal.

What off-duty time is an employee entitled to? Answer: An employee who is required to work more than 12 consecutive hours per workday where mandatory overtime is allowed under section 3 c of Act 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. What are the penalties for violating Act ? A health care facility has the right to an administrative hearing to contest allegations at which the Bureau has to prove the alleged violations. The Bureau and the health care facility may also agree to settle violations and agree to a penalty. What are things that a health care facility may do to demonstrate compliance with Act and to prepare for compliance? Answer: The following are suggested procedures: Become familiar with Act and the employees that are covered.

Fill vacancies or try to eliminate chronic staffing shortages. Meet with employees to enter agreed-upon predetermined and regularly-scheduled work shifts. Consider and implement bona fide on-call staff and procedures. Review "reasonable efforts" to assure that these efforts are allowed by law or regulation and which provide staffing that is qualified to deal with patient needs. Consider voluntary, in-house grievance procedures.

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As illustrated through case law, businesses within the same corporate group, [8] such as a business conglomerate, or within a single economic entity, [9] such as a multi-national company with subsidiaries, can be regarded as having an adequate connection to establish the presence of collective dominance. This reflects a narrow interpretation of what would constitute collective dominance for the purpose of art TFEU. An alternative approach to establishing a relationship between two or more entities for the purposes of determining collective dominance could include a broad interpretation. This would encapsulate legally and economically independent firms within a specific market with some type of economic link such as an agreement or a licence. Establishing Collective dominance[ edit ] Dominance, be it by a single entity or collectively by a group of firms, is not illegal or prohibited in EU competition law or under art TFEU. Collective dominance, as demonstrated through case law, is often associated with an oligopoly although collective dominance could also arise in the context of or in relation to mergers.

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