Employer and Employee Rights

This Power point is an “interactive” review of the material from Ch. 31

What does “At Will” employment mean?

•Employer or the Employee is free to:

Terminate the employment relationship

Employer or the Employee is free to Terminate the employment relationship:

•When?

At Any time

Employer and / or the Employee is free to Terminate the employment relationship at any time:

•How?

With or Without Cause (a stated reason)

Examples of Exceptions to “At Will” Employment?

•Express contract sets forth terms and conditions of employment including length of time and cause for termination

•Implied contract: written or oral promises made to employee stating time period of employment and termination for certain reasons/procedures

Statutory Regulation and Protection

Which “Act” is the older one?

OSHA FAIR LABOR STANDARDS ACT

•1970 •1938

Which “Act” has specific mandates for health care providers?

OSHA FAIR LABOR STANDARDS ACT

• Protect employees from all kinds of hazardous exposures

• Adequate hand-washing facilities

• Proper protective equipment

• Sharps containers• Hep B vaccinations• Post-exposure evaluations

Which “Act” prohibits discrimination or retaliation against an employee who files a complaint?

OSHAFAIR LABOR

STANDARDS ACT

• It is unlawful for an employer to terminate an employee who exercises his or her rights under OSHA.

Which “Act” sets minimum wages?

OSHA FAIR LABOR STANDARDS ACT

• And this Act sets MAXIMUM hours of employment, including payment of overtime to non-exempt employees

• Non-exempt are professional employees who are receiving a salary rather than an hourly rate of pay.

Family Medical Leave Act, 1993

•Organizations/employers with 50 or more employees

•Must provide 12 weeks paid/unpaid leave for:

Birth of child Adoption or foster care child placement Serious medical illness Care for family with serious illness

Other Acts related to employment

Which “Act” prohibits an employer from discriminating against someone who encourages/discourages membership in a labor union?

Equal Pay Act

Age Discrimination in Employment Act

Civil Rights Act

Americans with Disabilities Act

National Labor Relations Act

Which “Act” protects both genders so that they receive equal pay for equal work?

Equal Pay Act

Age Discrimination in Employment Act

Civil Rights Act

Americans with Disabilities Act

National Labor Relations Act

Which “Act” protects the employment rights of people over 40 years of age?

Equal Pay Act

Age Discrimination in Employment Act

Civil Rights Act

Americans with Disabilities Act

National Labor Relations Act

Which “Act” requires employers to provide reasonable accommodations for disabled employees?

Equal Pay Act

Age Discrimination in Employment Act

Civil Rights Act

Americans with Disabilities Act

National Labor Relations Act

Employment-related issues specific to Nursing

Chapter 36: Staffing & Floating

•Employer/Hospitals have the obligation to float nurses to units that are otherwise understaffed if there are no other solutions to the problem.

•The Joint Commission requires facilities to have a system of cross-training to ensure competency when staff are asked to work on other units.

Chapter 36: Staffing & Floating

•Nurses bear primary responsibility for the nursing care that patients receive and are individually accountable for their own practice. (ANA Code of Ethics (2001))

Chapter 36: Staffing & Floating

If the nurse is told to provide care for which he/she is unqualified, it’s very important for the nurse to:

•Ask for supervision/training prior to giving care

•After this is obtained, the nurse must assess his/her own level of competence in the new skills to determine if he/she is qualified

Chapter 36: Staffing & Floating

If the nurse determines that his/her level of skills/competence for the task is unsuitable and there is no one available to provide training, the nurse should:

•Inform the person making the assignment▫This refusal to take the assignment

requires the nurse to provide specific reasons

Chapter 36: Staffing & Floating

Refusing to float to an unfamiliar assignment

should be based on the nurse’s evaluation of

his/her level of competence toward the specific

skills required in the new assignment. If, by

taking the assignment, the nurse understands that

he/she could endanger patients, he/she has grounds to refuse the assignment and

follow proper notice protocol.