What's happening
This bill prohibits facilities for people with developmental disabilities or mental health from requiring direct care workers to work over 60 hours per week, except during emergencies.
Why it matters
Addresses worker fatigue and safety. By capping the weekly hours for direct care workers at 60, the bill seeks to prevent exhaustion and burnout, which can lead to mistakes or reduced quality of care for vulnerable residents.
Improves quality of care for residents. Limiting excessive overtime means direct care staff are more likely to be alert, attentive, and capable of providing consistent, compassionate care to individuals with developmental disabilities or mental health needs.
May affect staffing and operational practices. Facilities will need to adjust scheduling and possibly hire more staff to comply with the new limits, potentially increasing operational costs or creating pressure in an already tight labor market.
Defines emergency exceptions narrowly. The only allowable exceptions to the weekly limit are genuine emergencies like fire, flood, or immediate danger, reducing the risk that facilities could routinely overwork staff under the guise of “emergency” needs.
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Who cares
Headline styles
Cap Direct Care Workweek
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to mental health
- Referred to mental health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit Care Worker Hours
In Senate Committee · Mental Health And Developmental Disabilities · Sponsor Robert Ortt
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3814
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
Introduced by M. of A. ORTIZ, SANTABARBARA, FAHY -- read once and referred to the Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to limiting the work week of direct care workers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 13.19 of the mental hygiene law, as amended by section 2 of part J of chapter 56 of the laws of 2012, is amended to read as follows: § 13.19 Personnel of the office; regulations.
(a) The commissioner may, within the amounts appropriated therefor, appoint and remove in accordance with law and applicable rules of the state civil service commission, such officers and employees of the office for people with developmental disabilities as are necessary for efficient administration. The commissioner shall, in exercising his or her appointing authority, take, consistent with article twenty-three-A of the correction law, all reasonable and necessary steps to ensure that any such person so appointed has not previously engaged in any act in violation of any law which indicates a propensity to act in a manner that would compromise the health and safety of individuals with developmental disabilities.
(b) The director of a hospital or institute in the office shall have professional qualifications and experience to be prescribed by the commissioner.
(c) Notwithstanding the provisions of any other law, the position of deputy director in an office facility may be filled by new hire or by promotion open to employees who possess the minimum qualifications for the position.
[(c)] (d) The use of volunteers in the office for people with developmental disabilities shall be encouraged. The commissioner may establish regulations governing such volunteer services.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08979-01-7
A. 3814 2
[(d)] (e) Where, and to the extent that, an agreement between the state and an employee organization entered into pursuant to article fourteen of the civil service law so provides, the commissioner is authorized to implement the provisions of such agreement relating to discipline consistent with the terms thereof.
(f) Notwithstanding any other provision of law no provider operating a facility licensed, operated, or certified by the office shall require a direct care worker to work more than sixty hours in a seven day work week except in cases of extraordinary emergency including, but not limited to, fire, flood, or danger to life or property. For the purposes of this subdivision, "direct care worker" shall mean an employee whose primary responsibility is the daily care of, supervision of, and interaction with residents of a residential facility licensed, operated, or certified by the office for people with developmental disabilities.
§ 2. Section 7.07 of the mental hygiene law is amended by adding a new subdivision (g) to read as follows:
(g) Notwithstanding any other provision of law no provider operating a facility licensed, operated, or certified by the office of mental health shall require a direct care worker to work more than sixty hours in a seven day work week except in cases of extraordinary emergency including, but not limited to, fire, flood, or danger to life or property. For the purposes of this subdivision "direct care worker" shall mean an employee whose primary responsibility is the daily care of, supervision of, and interaction with residents of a residential facility licensed, operated, or certified by the office of mental health.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.