Labor Laws in Healthcare

Labor law relating to health care is a complex subject, and there are many different aspects to be considered, ranging from patient rights to employee training and certification to working conditions and overtime rules. And while some of these health-care-related labor laws are promulgated at the federal level, such as the Americans with Disabilities Act, or ADA, most health care labor laws are made and enforced at the state and local level.

The Americans with Disabilities Act & the Family and Medical Leave Act

• The ADA was the first federal legislation to comprehensively protect the rights of disabled persons in employment-related situations. The ADA was amended in late 2008, and as well as redefining a number of disability categories, a number of those amendments clarified the rights and responsibilities of disabled persons who are employed as health care workers. An Equal Employment Opportunity Commission, EEOC, fact page discusses employer responsibilities under the ADA in more detail; issues include: "what types of reasonable accommodations health care workers with disabilities may need and the limitations on a health care employer's obligation to provide reasonable accommodation; when an employer may ask health care applicants or employees questions about their medical conditions or require medical examinations; and how a health care employer should handle safety concerns about applicants and employees."

  The FMLA (1993) also gives specific rights to all employees regarding taking up to 12 weeks of leave time for urgent family or personal health-related reasons.

State Labor Laws Related to Health Care

• Many states have also passed laws relating to employment, health care and individual rights. Some areas regulated by these state laws are wages and hours, child care laws, health insurance, job-related training--for health care and other professions--licensing, registration, and certifications. All health care personnel with specialized skills, from doctors to nurses to lab techs, are licensed on the state level. And as another example of a health care worker-related law, Wisconsin is one of several states that has enacted a law specifically protecting health care workers from any employment-related retaliation if they report a violation of health standards at their workplace.

County and Municipal Labor Laws

• Some counties and municipalities have also passed laws regarding wages and hours, employee-employer rights and responsibilities, and training and certification of various professions including health care. Typical local labor laws might require a higher minimum wage than the current federal minimum wage, or a specific amount of education or training above that specified by state standards to be certified to work as a phlebotomist or EMT or X-ray technician, for example. Some municipalities have also passed laws requiring most businesses to offer more than the required FMLA leave for family or personal emergencies.