Sec. 313. Fair scheduling practices
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/bill/118/s/4120/is/section-313·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term covered direct care professional has the meaning given the term in section 312(a). The term scheduled work hours means the hours on a specified day during which a direct care professional is, through a written agreement or schedule, required by a covered entity to perform long-term care services for the entity and for which the direct care professional will receive compensation for such services. In the case of a covered direct care professional, the covered entity shall provide the covered direct care professional notice of the scheduled work hours of such covered direct care professional through— a written agreement described in subclause
(I)of section 312(d)(1)(F)(iv) regarding a schedule of the time of day and the days of the week the covered direct care professional is expected to work for the covered entity each week; or a schedule agreed upon by the covered entity and the covered direct care professional provided in the amount of time specified in accordance with a written agreement described in subclause
(II)of such section, regarding a good faith estimate of the time of day and the days of the week that the covered direct care professional is expected to work for the entity. A covered entity shall— communicate in writing (which may be in an electronic form) any change to the scheduled work hours of a direct care professional, including any on-call shifts, not less than 72 hours before the direct care professional is scheduled to begin work; and pay a direct care professional— the regular rate of pay of the direct care professional for any scheduled work hours the direct care professional does not work due to the covered entity canceling or reducing the scheduled work hours of the direct care professional after the direct care professional arrives to work for the scheduled work hours; or at a rate of 1/2 of the regular rate of pay of the direct care professional for any scheduled work hours the direct care professional does not work due to the covered entity canceling or reducing the scheduled work hours of the direct care professional at a time that is less than 72 hours prior to the commencement of such scheduled work hours, unless the entity— is an individual with a disability relying on the direct care professional for disability supports and services (or an entity supporting an individual with a disability); and requests the direct care professional to consent to work alternative, equivalent scheduled work hours within a 7-day period and the direct care professional consents to work such alternative, equivalent hours. In the case of a covered direct care professional, if a covered entity wishes to include work hours in the scheduled work hours of such covered direct care professional that are identified as hours in which the covered direct care professional can typically expect to be scheduled as off from work in accordance with the written agreement under section 312(d)(1)(F)(iv)(I) or are identified as hours outside of the good faith estimate under section 312(d)(1)(F)(iv)(II)(cc), the hiring entity shall obtain the written consent of the worker to work such hours prior to the commencement of such work. The consent required under paragraph
(1)may be transmitted electronically to the covered entity. Notwithstanding any provision in this section, the requirements under subsection
(c)shall not apply— during any period in which the operations of the covered entity cannot begin or continue due to— a fire, flood, or other natural disaster; a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 , 5191) or a state of emergency declared by a Governor of a State or chief official of a unit of local government; or a severe weather condition that poses a threat to worker safety; or in a case in which— the direct care professional voluntarily requested in writing a change to the scheduled work hours of the direct care professional; or the covered entity changes the scheduled work hours of a direct care professional due to— a medical emergency requiring emergency medical treatment or hospitalization; or the risk of contagion or a quarantine requirement related to a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ). Notwithstanding any provision in this section, the requirements under this section shall not apply to a shared living arrangement. This section shall take effect on the date that is 2 years after the date of enactment of this Act.
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