Section 932.3 - Prohibition of mandatory overtime(a) General rule.--Except as set forth in subsection (c), all of the following apply:(1) A health care facility may not require an employee to work in excess of an agreed to, predetermined and regularly scheduled daily work shift.(2) This subsection shall not be construed to prevent an employee from voluntarily accepting work in excess of these limitations.(3) This subsection shall not be construed:(i) To prevent an employee from working an agreed to, predetermined and regularly scheduled daily work shift that is greater than eight hours.(ii) To preclude the hiring of part-time or per diem employees by a health care facility.(b) Retaliation prohibited.--The refusal of an employee to accept work in excess of the limitations set forth in subsection (a) shall not be grounds for discrimination, dismissal, discharge or any other employment decision adverse to the employee.(c) Exception.--The provisions of subsection (a) shall not apply to any of the following:(1) On-call time. Nothing in this paragraph shall be construed to permit a health care facility or employer to use on-call time as a substitute for mandatory overtime or a means of circumventing the intent of this act.(2) If an unforeseeable emergent circumstance occurs and:(i) the assignment of additional hours is used as a last resort;(ii) the health care facility or employer has exhausted reasonable efforts to obtain other staffing; and(iii) the health care facility or employer provides the employee up to one hour to arrange for the care of the employee's minor child or elderly or disabled family member.(3) When an employee is required to work overtime to complete a patient care procedure already in progress if the absence of the employee could have an adverse effect on the patient.(d) Off-duty time.--An employee who is required to work more than 12 consecutive hours per workday pursuant to subsection (c) or who volunteers to work more than 12 consecutive hours shall be entitled to at least ten consecutive hours of off-duty time immediately after the worked overtime. An employee may voluntarily waive the requirements of this subsection.2008, Oct. 9, P.L. 1376, No. 102, § 3, effective 7/1/2009.