Management in Healthcare I? Please review chapter 7 (pp. 99-100): Think about the Family and Medical Leave Act (FMLA) from the perspective of?a working department manager.?How has this legislation
Management in Healthcare I
Please review chapter 7 (pp. 99-100):
Think about the Family and Medical Leave Act (FMLA) from the perspective of a working department manager. How has this legislation has affected the manager’s ability to manage?
Now think about FMLA from the perspective of the employee. Do you have any frustrations with FMLA? Do you think it is sufficient?
At least 250 words
Course Materials
Required Text or E-Book: McConnell, C. (2015). The Effective Health Care Supervisor, 8th ed. Burlington, MA: Jones and Bartlett Publishers.
The Supervisor’s
Legal Environment
Chapter 7
LEGAL ENVIRONMENT
This chapter provides an overview
of the laws affecting various
aspects of the employment
relationship.
Caution
Nothing in this chapter constitutes
legal advice, and no such advice
should be inferred from its contents.
Turning Point
1964 was the pivotal year for legislation
affecting employment; before 1964
management had to be concerned only
with wage-and-hour and labor laws.
Pre-1964
• Norris-LaGuardia Act (1932)
• National Labor Relations Act (NLRA) (1935)
• Social Security Act (1935)
• Fair Labor Standards Act (FLSA) (1938)
• Labor Management Relations Act (1947)
• Labor-Management Reporting and
Disclosure Act (1959)
• Equal Pay Act (1963)
The Turning Point
Title VII of the Civil Rights Act of 1964
ADEA
The Age Discrimination in Employment Act
(ADEA) of (1967), a significant expansion
of government concern for “age” in
defining a “protected class” under anti-
discrimination law. Amended and
strengthened twice in subsequent years.
Concern for Worker Health and Safety
The Occupational Safety and Health
Act (OSHA) of (1970) gave us OSHA
the Occupational Safety and Health
Administration, the “OSHA” of concern
to all employers.
“Right-to-Know Laws”
State laws that also address exposure
to and handling of more than 1,000
substances considered hazardous
under OSHA regulations.
Rehabilitation Act (1973)
Although disabled persons were
mentioned in the Civil Rights Act of
1964, they were addressed separately
for the first time in the Rehabilitation
Act of 1973.
Employee Retirement Income Security Act (ERISA) (1974)
Passed to protect worker pensions at risk
with failing companies. Required annual
funding of pension plans; employers could
no longer pay pension benefits out of
current income. Created the PBGC – the
Pension Benefit Guarantee Corporation.
Pregnancy Discrimination Act (1978)
This Act defined discrimination on the
basis of pregnancy, childbirth, or
related medical conditions as unlawful
sex discrimination under Title VII;
recognized pregnancy as a disability.
Consolidated Omnibus Budget Reconciliation Act (COBRA) (1986)
Complex legislation addressing many
concerns; most pertinent to employment
is that COBRA allowed for the extension
of group insurance coverage to
employees and their dependents on a
self-pay basis for set periods of time.
Immigration Reform and Control Act (IRCA) (1986)
Required employers to review and as
necessary modify their hiring practices,
instituting procedures to verify that job
applicants are either U.S. citizens or
are otherwise legally authorized to
work in the United States.
Pension Protection Act (1987)
Required organizations with
underfunded pension plans to
make additional payments to the
Pension Benefit Guarantee
Corporation (PBGC).
The Drug-Free Workplace Act (1988)
Required organizations having $25,000
or more in federal contracts or grants
to make good-faith efforts to maintain
a drug-free workplace and to establish
drug education and awareness
programs for employees.
Employee Polygraph Protection Act (EPPA) (1988)
Prevents most private-sector
employers from requiring job
applicants or current employees to
take polygraph (lie detector) tests.
Under EPPA, use of polygraphs is
severely limited.
Worker Adjustment and Retraining Notification Act (WARN) (1988)
Requires employers with 100 or more
employees at any individual site to
provide advance notification of major
reductions in force.
Americans with Disabilities Act (ADA) (1990)
• Provides individuals with disabilities with the same protections afforded minorities and other protected classes under Title VII.
• Frequently in the news and in the courts, with the list of disabilities continually growing and changing.
Older Workers Benefit Protection Act (OWBPA) (1990)
Amends the Age Discrimination in
Employment Act (ADEA) and
clarified the authority of the ADEA
relative to employee benefits for
older workers.
Civil Rights Act of 1991
Amends the Civil Rights Act of 1964: Allows
employees to receive compensatory and
punitive damages for violations committed
with “malice or reckless disregard” for an
individual’s rights, and allows women and
disabled workers to sue for compensatory
and punitive damages.
Family and Medical Leave Act (FMLA) (1993)
Permits eligible employees to take up to 12
weeks of unpaid leave during any 12-
month period when unable to work
because of a serious health condition; to
care for a child upon birth, adoption, or
foster care; or to care for a spouse,
parent, or child with a serious health
condition.
Retirement Protection Act (1994)
Strengthens and accelerates funding of
underfunded pension plans and increases
Pension Benefit Guarantee Corporation
(PBGC) premiums for plans that pose the
greatest risk.
Small Business Job Protection Act (1996)
Included the 1996 increase in the
minimum wage; increased pension
protection; made it easier for workers to
roll over their retirement savings upon
changing employment.
Health Insurance Portability and Accountability Act (HIPAA) (1996)
• Extremely far-reaching Act, going well beyond its name.
• Include five major “Titles” and numerous “Rules,” several not yet implemented.
• Of most significance to healthcare supervisors is a portion of Title II that largely addresses Privacy.
The Patient Protection and Affordable Care Act of 2010 (PPACA)
• “Healthcare Reform,” continuing to evolve.
• Likely to affect healthcare supervisors in two ways: the supervisor may be affected as a participant in the employer’s health insurance plan; and the supervisor is likely to be asked questions by employees the effects of the plan’s changes.
Increasing Social Responsibility
Overall the effect of employment legislation
has been to make employers more socially
responsible for their employees. These laws
have added work and supporting systems
to all organizations and have increased the
cost of doing business.
- The Supervisor’s Legal Environment
- Legal Environment
- Caution
- Turning Point
- Pre-1964
- The Turning Point
- ADEA
- Concern for Worker Health and Safety
- “Right-to-Know Laws”
- Rehabilitation Act (1973)
- Employee Retirement Income Security Act (ERISA) (1974)
- Pregnancy Discrimination Act (1978)
- Consolidated Omnibus Budget Reconciliation Act (COBRA) (1986)
- Immigration Reform and Control Act (IRCA) (1986)
- Pension Protection Act (1987)
- The Drug-Free Workplace Act (1988)
- Employee Polygraph Protection Act (EPPA) (1988)
- Worker Adjustment and Retraining Notification Act (WARN) (1988)
- Americans with Disabilities Act (ADA) (1990)
- Older Workers Benefit Protection Act (OWBPA) (1990)
- Civil Rights Act of 1991
- Family and Medical Leave Act (FMLA) (1993)
- Retirement Protection Act (1994)
- Small Business Job Protection Act (1996)
- Slide 25
- The Patient Protection and Affordable Care Act of 2010 (PPACA)
- Increasing Social Responsibility
,
Policy Making and Implementation
Chapter 6
Policies
Guidelines established for pursuing goals and shaping behavior, reflecting the mission and values of organizations and made more specific by procedures, rules, and regulations
Without Policies —
the “normal” mode of operation is management by crisis
Policies must be regularly updated, especially those addressing:
Salary and benefits programs
Alternative staffing and scheduling practices
Smoking and drugs
Exposure to hazardous agents; “Right to Know” laws
Policies to be regularly updated (more):
Precautions regarding AIDS
Sexual harassment.
Cultural diversity
Discrimination because of age or disability
Employment of persons with disabilities.
Requirements of accreditation and regulatory agencies.
And important to address today:
Policies concerning employee use of:
and
Internet
Uses of Policies
promote understanding, clarity, and consistency of behavior
eliminate repetitive decision making
help in orienting of new employees
To Be Effective —
— policies must be explicit, publicized as well as published, and enforced without favoritism.
It’s Up to the Supervisor
The first-line supervisor is the chief activator or enforcer of policies.
A New Policy May Be Needed When:
a new service is introduced
there are frequent violations of procedures or rules
there are Problems of productivity, quality, schedules, or time
there are frequent complaints from customers or employees
A New Policy May Be Needed When: (more)
legal, ethical, or moral problems arise
behavioral inconsistencies surface
repetitive questions are asked about particular procedures or rules
Enforcement
Enforce policies fairly, firmly, uniformly, and consistently. Policies that are not enforced become meaningless, and policies that are enforced just off and on create problems.
“Unwritten” Policies
Avoid so-called unwritten policies; by their very nature these are problematic because they are almost always applied inconsistently.
Special Case: Americans with Disabilities Act (ADA)
It is necessary to have policies that address the complex federal regulations regarding hiring, assigning, promoting, and accommodating people who have physical or mental disabilities, as specified by the ADA.
Reasonable Accommodations
It is essential to have a written policy spelling out “reasonable accommodations” under the Americans with Disabilities Act.
image2.jpeg
image3.jpg
image1.jpg
Collepals.com Plagiarism Free Papers
Are you looking for custom essay writing service or even dissertation writing services? Just request for our write my paper service, and we'll match you with the best essay writer in your subject! With an exceptional team of professional academic experts in a wide range of subjects, we can guarantee you an unrivaled quality of custom-written papers.
Why Hire Collepals.com writers to do your paper?
Quality- We are experienced and have access to ample research materials.
We write plagiarism Free Content
Confidential- We never share or sell your personal information to third parties.
Support-Chat with us today! We are always waiting to answer all your questions.