What's happening
This bill limits direct care workers at mental health and developmental disability facilities to a maximum 60-hour work week, except in emergencies.
Why it matters
Seeks to address worker fatigue and burnout. by capping weekly hours for direct care staff, which may improve both staff well-being and the quality of care provided to vulnerable residents.
Ensures that exceptions to the 60-hour limit are only for extraordinary emergencies. , such as natural disasters or immediate threats to safety, aiming to prevent routine overwork and potential exploitation of staff.
Applies to facilities for both developmental disabilities and mental health. , making the protections broad in scope and affecting a significant segment of the state's care workforce and their clients.
Could impact facility staffing practices and costs. , potentially leading to increased hiring or shift restructuring, while also possibly reducing turnover and absenteeism associated with overwork.
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Who cares
Direct care workers in OPWDD and OMH residential facilities
The bill would bar providers from requiring them to work more than 60 hours in a seven-day workweek, except in extraordinary emergencies.
Providers operating OPWDD- or OMH-licensed, operated or certified facilities
They would have to keep required direct care work within the cap unless an extraordinary emergency, such as fire, flood or danger to life or property, applies.
Residents of OPWDD and OMH residential facilities
The limit would cover employees whose primary responsibility is residents’ daily care, supervision and interaction.
Headline styles
Limit Direct Care Work Hours
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to mental health
- Referred to mental health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2760
2019-2020 Regular Sessions
IN ASSEMBLY
January 25, 2019
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.
LBD02701-02-9
A. 2760 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 (h) to read as follows:
(h) 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. 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 to be made and completed on or before such 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.