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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 102, these employees fall within Act 102 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 102.
Vacancies arising from chronic short staffing is not an unforeseeable emergent circumstance.
Answer: A posted hole in the schedule is an absence that may be prudently planned for.
Therefore, mandatory overtime may not be used where this is the reason for the overtime.However, these practitioners would have to be employed by a health care facility to trigger the Act.To fall within Act 102, a nurse practitioner and nurse anesthetist would have to meet Act 102’s definition of employee.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: 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.