Family and Medical Leave Act (FMLA)
federal law: employers with 50/more employees must provide unpaid leave & job-protected
FMLA
time ott to qualifying employees.
(Structure & Processes, 28%)
Employer must continue benefits, insurance coverage & maintain the same or comparable
position for employee return to work.
- Eligible employees must work at least 12 months and at least 1,250 work hours during the
last 12 months.
- 12 months of work needed to qualify do not have to be continuous as long as total work time
= 12 months (ex. leave of absence in the middle is ok)
FMLA Eligibility & Benefits - Overtime hours are included in qualifying work hours, but any paid/unpaid leave is not.
(Structure & Processes, 28%) - "Rolling" 12 month period used to calculate FMLA entitlement.
- The date on which an employee begins FMLA leave is the beginning of the "rolling period".
Up to 12 weeks of leave is guaranteed.
- Once employee has used the initial 12 weeks, additional leave will be determined by counting
12 months from start of FMLA leave. Extended leave may be up to 26 weeks.
Birth/Adoption/Foster care placement, Care of immediate family member with serious health
FMLA Qualifying Events
condition, employee's own serious health condition, serious injury or illness attecting spouse,
child, parent, next-of-kin, or qualifying exigencies for spouse, child or parent of a family
(Structure & Processes, 28%)
member called to or on active duty.
Americans with Disabilities Act (ADA): 1992 law which provides the disabled individuals (in-
ADA cludes 'obvious' disabilities, mental impairment and other health issues like arthritis, seizures,
etc.) access to employment and the community. Employers are only allowed to ask applicants
(Structure & Processes, 28%)
if they need accommodations.
Fair Labor Standards Act (FLSA):
establishes minimum wage, overtime pay, recordkeeping, and youth employment standards.
FLSA Attects employees in private sector and Federal, State, and local governments.
(Structure & Processes, 28%) If the state minimum wage is higher than federal, employees must receive state minimum
wage. Applies to companies that engage in interstate commerce and whose businesses
generate more than 500,000$ in annual dollar volume
Davis-Bacon Act of 1931 This law requires the payment of "prevailing wages" to employees of contractors and sub-
contractors working on government construction projects.
(Structure & Processes, 28%)
Walsh-Healey Act Act that extended concept of prevailing wage and overtime pay to employers who manufacture
or supply goods under government contracts.
(Structure & Processes, 28%)
Contract Work Hours and Safety Standards Act (CWHSSA) 1962 All contracts that exceed simplified threshold ($100k); 40 hour work week with overtime no
less than 1.5 pay, prohibits unsafe/unsanitary working conditions
(Structure & Processes, 28%)
McNamara-O'Hara Service Contract Act of 1965 Mandates federal contractors with contracts of $2,500 or more, performing service or using
service employees for the U.S., to pay wages equal to or better than similar jobs of those in
(Structure & Processes, 28%) the community in which work is performed
, Consumer Credit Protection Act Allows a person to work while paying debts
Caps wage garnishment at 25%
(Structure & Processes, 28%) Employees can't be fired due to wage garnishment
Federal Wage Garnishment Law
refers to the court order that requires an employer to pay a portion of an employees paycheck
directly to creditor
(Structure & Processes, 28%)
Equal Employment Opportunity Commission (EEOC)
a government agency with the power to investigate complaints of employment discrimination
and enforce key discrimination laws.
(Structure & Processes, 28%)
Civil Rights Act of 1964 This act made racial, religious, and sex discrimination by employers illegal and gave the
government the power to enforce all laws governing civil rights, including desegregation of
(Structure & Processes, 28%) schools and public places.
Civil Rights Act of 1991, Sections 102/103
Amends 1964 Civil Rights Act to to allow jury trials to punish employers who practice discrim-
ination via punitive and compensatory damages
(Structure & Processes, 28%)
Equal Pay Act of 1963
Legislation that requires employers to pay men and women equal pay for equal work
(Structure & Processes, 28%)
Age Discrimination in Employment Act of 1967
Prohibits discrimination against workers over the age of 40 and restricts mandatory retirement
(Structure & Processes, 28%)
Rehabilitation Act of 1973
Extended employment discrimination protection to those with physical or mental handicaps
(Structure & Processes, 28%)
Genetic Information Nondiscrimination Act (GINA) 2008
U.S act that prohibits discrimination against individuals on the basis of their genetic informa-
tion in both employment and health insurance.
(Structure & Processes, 28%)
Occupational Safety and Health Administration (OSHA)
a government agency within the Department of Labor that regulates safe and healthy work
environments.
(Structure & Processes, 28%)
exposure control plan plan that outlines specific work practices to prevent exposure to infectious material and iden-
tifies step-by-step procedures to follow when exposures do occur, including post-exposure
(Structure & Processes, 28%) evaluation & treatment.
Universal Precautions actions taken to prevent the spread of disease by treating all blood and other body fluids
as if they contained pathogens. Workers must be trained in universal precautions & safety
(Structure & Processes, 28%) procedures.
Engineering controls Procedures that isolate or remove the bloodborne pathogen hazard from the workplace such
as sharps disposal container, self-sheathing needles.
(Structure & Processes, 28%)
Sharps disposal methods Techniques to avoid needlestick injury:
NO bending, recapping shearing, breaking or handling contaminated sharps. Scooping with
(Structure & Processes, 28%) one hand is OK if recapping is unavoidable.
OSHA blood-borne pathogens standard designed to protect employees against occupational exposure to blood-borne pathogens
new employees MUST be ottered the Hep B vaccine and receive or decline vaccination. Hep
(Structure & Processes, 28%) B titer NOT required.
NOT required annually by OSHA, testing recommendations are based on the level of risk of TB
within the specific facility.
, TB testing
(Structure & Processes, 28%)
Needlestick injury an accidental puncture wound caused by a used hypodermic needle which can transmit
infection.
(Structure & Processes, 28%) OSHA requires org to provide evaluation at no cost, but an employee may decline.
A form of insurance paid by the employer providing cash benefits to workers injured or
Workers compensation disabled in the course of employment. Includes compensation for lost wages, reimbursement
for medical costs associated with workplace injury and death benefits to survivors.
(Structure & Processes, 28%)
Limits employer liability as accepting benefits usually requires waiving the right to sue.
fogging
Assertive skill in which a person responds to a criticism by making noncommittal statements
that cannot be argued against
(Structure & Processes, 28%)
communication style where the listener carefully observes the speaker, provides feedback
(nodding, questions), empathy and respect. Can convey empathy & understanding by re-
active listening stating message ("you feel *emotion* because *experience*).
(Structure & Processes, 28%) does NOT obligate the nurse exec to commit to action
if the nurse exec disagrees, it's appropriate to give reasons without passing judgment
important skill to encourage others to participate
An interactive communication process in which the receiver uses verbal "mirroring" to restate
reflective communication
what the sender has said for optimal clarification by all parties
(Structure & Processes, 28%)
Restatement can be a question or explore implications of speaker's ideas
communication process based on Claude Shannon's information theory (1948) in which:
1. sender encodes the message
sender-receiver feedback loop
2. sender transmits the message
3. receiver decodes the message
(Structure & Processes, 28%)
What is meant by the sender is not always what is understood by the receiver. Context,
interference and feedback can impact how the message is ultimately understood.
assertive communication
communication style characterized by confidence and consideration for others (uses coop-
erative statement, expresses opinions in a non-threatening way)
(Structure & Processes, 28%)
passive communication
communication style in which the individual fails to say what is meant (may lack confidence,
avoid conflict & use closed body language)
(Structure & Processes, 28%)
verbal communication
expressing ideas using spoken words, enhanced by active listening. Watch for cognitive
distortions (when the receiver doesn't understand it as you said it)
(Structure & Processes, 28%)
communication style characterized by negativity and undermining (expressions may be at
passive-aggressive communication (Structure & Processes, 28%)
odds w/statement, appears cooperative but isn't)
Nurse executive who wants to implement a program
1. needs assessment
cybernetic model
2. program implementation
3. results assessment (program obj., costs, and impact are evaluated.
Collegial Model
federal law: employers with 50/more employees must provide unpaid leave & job-protected
FMLA
time ott to qualifying employees.
(Structure & Processes, 28%)
Employer must continue benefits, insurance coverage & maintain the same or comparable
position for employee return to work.
- Eligible employees must work at least 12 months and at least 1,250 work hours during the
last 12 months.
- 12 months of work needed to qualify do not have to be continuous as long as total work time
= 12 months (ex. leave of absence in the middle is ok)
FMLA Eligibility & Benefits - Overtime hours are included in qualifying work hours, but any paid/unpaid leave is not.
(Structure & Processes, 28%) - "Rolling" 12 month period used to calculate FMLA entitlement.
- The date on which an employee begins FMLA leave is the beginning of the "rolling period".
Up to 12 weeks of leave is guaranteed.
- Once employee has used the initial 12 weeks, additional leave will be determined by counting
12 months from start of FMLA leave. Extended leave may be up to 26 weeks.
Birth/Adoption/Foster care placement, Care of immediate family member with serious health
FMLA Qualifying Events
condition, employee's own serious health condition, serious injury or illness attecting spouse,
child, parent, next-of-kin, or qualifying exigencies for spouse, child or parent of a family
(Structure & Processes, 28%)
member called to or on active duty.
Americans with Disabilities Act (ADA): 1992 law which provides the disabled individuals (in-
ADA cludes 'obvious' disabilities, mental impairment and other health issues like arthritis, seizures,
etc.) access to employment and the community. Employers are only allowed to ask applicants
(Structure & Processes, 28%)
if they need accommodations.
Fair Labor Standards Act (FLSA):
establishes minimum wage, overtime pay, recordkeeping, and youth employment standards.
FLSA Attects employees in private sector and Federal, State, and local governments.
(Structure & Processes, 28%) If the state minimum wage is higher than federal, employees must receive state minimum
wage. Applies to companies that engage in interstate commerce and whose businesses
generate more than 500,000$ in annual dollar volume
Davis-Bacon Act of 1931 This law requires the payment of "prevailing wages" to employees of contractors and sub-
contractors working on government construction projects.
(Structure & Processes, 28%)
Walsh-Healey Act Act that extended concept of prevailing wage and overtime pay to employers who manufacture
or supply goods under government contracts.
(Structure & Processes, 28%)
Contract Work Hours and Safety Standards Act (CWHSSA) 1962 All contracts that exceed simplified threshold ($100k); 40 hour work week with overtime no
less than 1.5 pay, prohibits unsafe/unsanitary working conditions
(Structure & Processes, 28%)
McNamara-O'Hara Service Contract Act of 1965 Mandates federal contractors with contracts of $2,500 or more, performing service or using
service employees for the U.S., to pay wages equal to or better than similar jobs of those in
(Structure & Processes, 28%) the community in which work is performed
, Consumer Credit Protection Act Allows a person to work while paying debts
Caps wage garnishment at 25%
(Structure & Processes, 28%) Employees can't be fired due to wage garnishment
Federal Wage Garnishment Law
refers to the court order that requires an employer to pay a portion of an employees paycheck
directly to creditor
(Structure & Processes, 28%)
Equal Employment Opportunity Commission (EEOC)
a government agency with the power to investigate complaints of employment discrimination
and enforce key discrimination laws.
(Structure & Processes, 28%)
Civil Rights Act of 1964 This act made racial, religious, and sex discrimination by employers illegal and gave the
government the power to enforce all laws governing civil rights, including desegregation of
(Structure & Processes, 28%) schools and public places.
Civil Rights Act of 1991, Sections 102/103
Amends 1964 Civil Rights Act to to allow jury trials to punish employers who practice discrim-
ination via punitive and compensatory damages
(Structure & Processes, 28%)
Equal Pay Act of 1963
Legislation that requires employers to pay men and women equal pay for equal work
(Structure & Processes, 28%)
Age Discrimination in Employment Act of 1967
Prohibits discrimination against workers over the age of 40 and restricts mandatory retirement
(Structure & Processes, 28%)
Rehabilitation Act of 1973
Extended employment discrimination protection to those with physical or mental handicaps
(Structure & Processes, 28%)
Genetic Information Nondiscrimination Act (GINA) 2008
U.S act that prohibits discrimination against individuals on the basis of their genetic informa-
tion in both employment and health insurance.
(Structure & Processes, 28%)
Occupational Safety and Health Administration (OSHA)
a government agency within the Department of Labor that regulates safe and healthy work
environments.
(Structure & Processes, 28%)
exposure control plan plan that outlines specific work practices to prevent exposure to infectious material and iden-
tifies step-by-step procedures to follow when exposures do occur, including post-exposure
(Structure & Processes, 28%) evaluation & treatment.
Universal Precautions actions taken to prevent the spread of disease by treating all blood and other body fluids
as if they contained pathogens. Workers must be trained in universal precautions & safety
(Structure & Processes, 28%) procedures.
Engineering controls Procedures that isolate or remove the bloodborne pathogen hazard from the workplace such
as sharps disposal container, self-sheathing needles.
(Structure & Processes, 28%)
Sharps disposal methods Techniques to avoid needlestick injury:
NO bending, recapping shearing, breaking or handling contaminated sharps. Scooping with
(Structure & Processes, 28%) one hand is OK if recapping is unavoidable.
OSHA blood-borne pathogens standard designed to protect employees against occupational exposure to blood-borne pathogens
new employees MUST be ottered the Hep B vaccine and receive or decline vaccination. Hep
(Structure & Processes, 28%) B titer NOT required.
NOT required annually by OSHA, testing recommendations are based on the level of risk of TB
within the specific facility.
, TB testing
(Structure & Processes, 28%)
Needlestick injury an accidental puncture wound caused by a used hypodermic needle which can transmit
infection.
(Structure & Processes, 28%) OSHA requires org to provide evaluation at no cost, but an employee may decline.
A form of insurance paid by the employer providing cash benefits to workers injured or
Workers compensation disabled in the course of employment. Includes compensation for lost wages, reimbursement
for medical costs associated with workplace injury and death benefits to survivors.
(Structure & Processes, 28%)
Limits employer liability as accepting benefits usually requires waiving the right to sue.
fogging
Assertive skill in which a person responds to a criticism by making noncommittal statements
that cannot be argued against
(Structure & Processes, 28%)
communication style where the listener carefully observes the speaker, provides feedback
(nodding, questions), empathy and respect. Can convey empathy & understanding by re-
active listening stating message ("you feel *emotion* because *experience*).
(Structure & Processes, 28%) does NOT obligate the nurse exec to commit to action
if the nurse exec disagrees, it's appropriate to give reasons without passing judgment
important skill to encourage others to participate
An interactive communication process in which the receiver uses verbal "mirroring" to restate
reflective communication
what the sender has said for optimal clarification by all parties
(Structure & Processes, 28%)
Restatement can be a question or explore implications of speaker's ideas
communication process based on Claude Shannon's information theory (1948) in which:
1. sender encodes the message
sender-receiver feedback loop
2. sender transmits the message
3. receiver decodes the message
(Structure & Processes, 28%)
What is meant by the sender is not always what is understood by the receiver. Context,
interference and feedback can impact how the message is ultimately understood.
assertive communication
communication style characterized by confidence and consideration for others (uses coop-
erative statement, expresses opinions in a non-threatening way)
(Structure & Processes, 28%)
passive communication
communication style in which the individual fails to say what is meant (may lack confidence,
avoid conflict & use closed body language)
(Structure & Processes, 28%)
verbal communication
expressing ideas using spoken words, enhanced by active listening. Watch for cognitive
distortions (when the receiver doesn't understand it as you said it)
(Structure & Processes, 28%)
communication style characterized by negativity and undermining (expressions may be at
passive-aggressive communication (Structure & Processes, 28%)
odds w/statement, appears cooperative but isn't)
Nurse executive who wants to implement a program
1. needs assessment
cybernetic model
2. program implementation
3. results assessment (program obj., costs, and impact are evaluated.
Collegial Model
