Janna Osman wrote:

I have two Physician Assistants that provide care to patients at our Cancer Center.  Both PA's have dogs certified by TDI and would like to volunteer to bring their dogs into the Cancer Center to see patients.  Where can I find written documentation proving that a volunteer cannot volunteer in the area in which they are an employee?  I have heard this more than once at a conference but need to provide the documentation.

  Thank you! 

Janna -

Under the Fair Labor Standards Act, a volunteer will not be considered an employee if the individual volunteers for public service, religious or humanitarian objectives, and without contemplation or receipt of compensation.  Typically, volunteers will serve on a part-time basis and will not displace employees or perform work that would otherwise be performed by employees.  In addition, to avoid the possibility of coercion, the Department of Labor (“DOL”) takes the position that paid employees may not volunteer to perform the same type of services for their employer that they are normally employed to perform.

Also take a look at page 2 of the attached document from Dept. of Labor - -

Robin Bland, Vidant Roanoke-Chowan Hospital

252-209-3290