§ 23-17.20-3 - Overtime requirement.
SECTION 23-17.20-3
§ 23-17.20-3 Overtime requirement. –(a) No health care facility as defined above shall require an employee toaccept work in excess of an agreed to, predetermined scheduled work shift ofeight (8), ten (10), or twelve (12) hours.
(b) No health care facility shall require an employee to workovertime in excess of an agreed to, predetermined scheduled work shift of eight(8), ten (10), or twelve (12) hours, except in an unforeseeable emergentcircumstance. In no case shall a health care facility require an employee towork in excess of twelve (12) consecutive hours. The refusal of any employee toaccept such overtime work shall not be grounds for discrimination, dismissal,discharge, or any other penalty or employment decision adverse to the employee.
(c) Nothing in this chapter shall be construed to limitvoluntary overtime in excess of an agreed to, predetermined scheduled workshift of eight (8), ten (10), or twelve (12) hours.
(d) The provisions of this section shall not apply in thecase of an unforeseeable emergent circumstance when: (1) the overtime isrequired only as a last resort and is not used to fill vacancies resulting fromchronic short staffing; and (2) the employer has exhausted reasonable effortsto obtain staffing.
(e) The requirement that the employer shall exhaustreasonable efforts to obtain staffing shall not apply in the event of anydeclared national, state or municipal emergency or a disaster or othercatastrophic event which substantially affects or increases the need for healthcare services.