LOCAL 910 FAQ



RN Overtime Question

Question:

How much overtime can I work as an RN?

Answer:

There is a reference page to AFGE Local 910’s MOU on scheduling Nurse Overtime, reference is part of physicians pay bill public law 108-445 Section 7456,

A nurse is not to work in excess of 12 consecutive hours doing direct patient care, or in excess of 60 hours in any 7 day period.

There are copies of the MOU in AFGE Local 910 office, includes agreement nurses are supposed to sign.


LWOP Info

Fact Sheet: Effect of Extended Leave Without Pay (LWOP) (or Other Nonpay Status) on Federal Benefits and Programs

The table below shows the amount of LWOP (or other nonpay status) that is creditable service for purposes of determining an employee's entitlement to or eligibility for the following Federal benefits and programs.

Fact Sheet


Questions about Telework

Telework info…

https://www.afge.org/article/telework-benefits-our-government.-why-are-agencies-trying-to-slash-it/

Master agreement page numbers:

Telework: 69, 76, 76–84, 77, 78, 79, 80, 81, 82, 83, 84, 174, 175, 203

Telework Agreements: 79

Employees with disabilities may, where appropriate as a reasonable accommodation, request telework arrangements.

Article 20 Telework


How to properly ask for AL when working for the KCVA

How to properly ask for AL when working for the KCVA.

  • If at all possible ask for all AL during the leave scramble:   (ATTACHED)
  • Request the time off between October 15th and November 15th for the next year.
  • All leave entrees need to be addressed by December 15th by management, if they are not, this is a grievance.  **  - LEAVE Scramble MOU for Providers
  •   If you cannot take advantage of the leave scramble then request leave as early as possible.
  • If your supervisor denies your leave request you can ask for a valid reason why the leave was denied
  • For example:  Too many off on that day,  you had that holiday last year,  you do not have seniority, etc.
  •   If you enter leave you should expect your supervisor to give an approval or a denial answer in VATAS within 7 days of the leave request.
  • If you are requesting AL in less than 7 days, you should enter your request in VATAS, and send an email at the same time explaining the situation of why you need to take leave in such a short notice.
  • If the supervisor does not respond within 24 hours, try lync or a phone call or text message.
  • If the supervisor does not respond, in 48 hours.

send another email, lync, text and include the AFGE Local 910 email CC’d to your communications, so that the supervisor understands that the leave needs to be

addressed.

  •   If you enter leave for a future date >7 days and it has been over one week, resend an email and CC the AFGE local 910 to the communication.
  •   This lets the manager know that AFGE is involved.
  • Please note that every time the supervisor logs into Vista or CPRS it gives them a warning that they have outstanding leave requests to approve.  Sometimes our supervisors need a polite reminder (phone call)  from a union official.

Thank you for reading the proper way to get leave approved.  Have a nice day.


COMP TIME Info

COMPENSATORY TIME: Page numbers in the master agreement  89, 92, 93, 117, 118, 193,  196, 199, 264

Page 89 employee rights article 21:

G3.  The parties understand and agree that Credit Hours for CWS are initiated by the employee, subject to approval by the supervisor.  In contrast, the parties understand and agree that overtime and COMPENSATORY TIME (with the exception of religious COMPENSATORY TIME) are initiated by the Department.  Flex time will be requested and bargained locally.

Page 92-93 employee rights, article 21:

4F.   Those employees eligible by Title 5 or Title 38 can accrue and use COMPENSATORY TIME when approved by the Department.  Eligible employees may request COMPENSATORY TIME off in lieu of premium pay for overtime work.  The approving official will consider staffing needs in the decision whether to approve COMPENSATORY TIME.  Supervisors shall not require the above mentioned employees to take COMPENSATORY TIME in lieu of overtime pay.  Appropriate officials or their designees, may, at the request of a GS or FWS employee on a flexible schedule, grant COMPENSATORY TIME off in lieu of overtime pay, whether such overtime hours are regularly scheduled or irregular or occasional in nature.  If the employee does not request COMPENSATORY TIME off in lieu of overtime pay, or if the employee’s request for COMPENSATORY TIME off in lieu of overtime pay is not granted, the employee shall be compensated for such overtime under the applicable statutory provisions.

4G.   The Department shall, to the extent practicable, permit employees who earn COMPENSATORY TIME instead of overtime to use their COMPENSATORY TIME at the earliest time convenient to them within 26 pay periods.  Normally, COMPENSATORY TIME off shall be granted before annual leave is approved.  If annual leave would otherwise be forfeited, however, the annual leave shall be granted before COMPENSATORY TIME off.  Any employee who is unable to use COMPENSATORY TIME within 26 pay periods shall receive overtime pay instead.

Page 117  Official Travel:

Section 1 - Compensation and Travel

A.   To the maximum extent practicable, time spent in travel status away from the employee’s ODS will be scheduled by the Department within the normal working hours.  Where it is necessary that travel be performed during non-duty hours, the employee will be paid overtime or may opt for COMPENSATORY TIME when such travel constitutes hours of work under 5 USC or the Fair Labor Standards Act, if applicable.  If the travel does not constitute hours of work under 5 USC or the Fair Labor Standards Act, the employee may be eligible for COMPENSATORY TIME for travel.  It is the employee’s responsibility to request and obtain travel authority in advance of travel.

B.   When an employee performs official travel outside their normal working hours, but the travel does not constitute hours of work under 5 USC or the Fair Labor Standards Act, then the employee will be allowed to accrue COMPENSATORY TIME off for travel.

C.   Employees are entitled to COMPENSATORY TIME off for travel consistent with 5 CFR 550.1404.  For the purpose of COMPENSATORY TIME off for travel, time in a travel status includes:

1.    Time spent traveling between the ODS and a temporary duty station;

2.    Time spent traveling between two temporary duty stations; and,

3.    The usual waiting time preceding or interrupting such travel (e.g., waiting at an airport or train station prior to departure).

4.    COMPENSATORY TIME off for travel shall be administered consistent with VA Handbook 5007, Part VIII, Chapter 15.  Determinations regarding what is creditable as “usual waiting time” are within the sole and exclusive discretion of the employing agency.  Employees may request credit of excess waiting time by providing a written explanation in the Remarks Section of VA Form 0861.  The explanation must include the amount of excess waiting time requested, the reason for the excess waiting time, an explanation why the employee was unable to use the time for personal use and any additional information or documents that supports the request.  Extended periods of waiting time when the employee is free to rest, sleep, or otherwise use the time for his or her own purposes, are not creditable as time in a travel status.

Page 118   Travel:   COMPENSATORY TIME off for travel may only be earned for time in a travel status when such time is not otherwise compensable.  Compensable refers to periods of time creditable as hours of work for the purpose of determining a specific pay entitlement.  For example, certain travel time may be creditable as hours of work under the overtime pay provisions.

D.   COMPENSATORY TIME off for travel is forfeited:

1.    If not used by the end of the 26th pay period after the pay period during which it was earned;

2.    Upon voluntary transfer to another agency;

3.    Upon separation from the Federal Government.

E.   An employee may not receive payment for unused COMPENSATORY TIME off for travel.

F.    When employees are unable to return to their home station through no fault of their own while away on official government business, the employees will notify their supervisors as soon as possible and obtain appropriate instructions.  In such instances, the employees will be paid overtime or approved COMPENSATORY TIME, as appropriate, for any time beyond normal duty hours that they are determined to be performing official duties.  If the employees are unable to return to their duty stations and must stay overnight at some other location, per diem expenses will be paid when appropriate.

Page 193:  employee rights:  Employees also will be entitled to COMPENSATORY TIME for time spent in travel, in accordance with the Workforce Flexibility Act of 2004, as amended.

Page 196   article 35

Section 12 - Accommodation for Religious Observances

A.   An employee whose personal religious beliefs require abstention from work during certain periods of time may elect to engage in overtime work to compensate for time lost by meeting those religions requirements.

B.   To the extent that such modifications in work schedules do not interfere with the efficient accomplishment of the Department mission, the Department shall in each instance, afford the employee the opportunity to work compensatory overtime and shall in each instance grant COMPENSATORY TIME off to an employee requesting such time off for religious observances when the employee’s personal religious beliefs require that the employee abstain from work during certain periods of the workday or workweek.

C.   For the purpose stated in Paragraph B of this section, the employee may work such COMPENSATORY TIME before or after the granting of COMPENSATORY TIME off.  Advanced COMPENSATORY TIME off should be repaid with the appropriate amount of COMPENSATORY TIME worked within a reasonable amount of time.  Compensatory overtime shall be credited on an hour‑for‑hour basis or authorized fractions thereof.  Appropriate records will be kept of compensatory overtime earned and used.

Page 199    employee rights article 35  FMLA

FMLA:   16C.   Substitution of Paid Leave - For either Paragraphs A or B of this Section, the employee may elect to substitute annual leave, sick leave, COMPENSATORY TIME off, or credit hours for unpaid family or medical leave for any part of the applicable period consistent with governing laws and regulations.  Employees may also combine annual leave, COMPENSATORY TIME, sick leave, or credit hours with unpaid family or medical leave for any period of approved leave.  An employee may not retroactively substitute paid time off for unpaid family and medical leave.

Page 264  3E.  Title 38 Nurse pay:   COMPENSATORY TIME - In accordance with 38 USC 7453(e)(3), COMPENSATORY TIME off in lieu of pay for service performed under the overtime provisions of Title 38 shall not be permitted unless voluntarily requested in writing by the nurse in question.

Title 38 law on pay:

 

https://www.law.cornell.edu/uscode/text/38/7453


Performance Appeals...How to Appeal?

Performance Appeals

Hybrid title 38:

http://myavaa.org/wp-content/uploads/2017/09/Title-38-vs-HT-38-Comparison-Chart.pdf

Pure Title 38:

Physicians, Dentists, Podiatrists, Optometrists, Nurses (RN), Nurse Anesthetists, Physician Assistants, and Expanded-Function Dental Auxiliaries (EFDAs)

Title 5:

https://www.govinfo.gov/content/pkg/CFR-2011-title5-vol1/pdf/CFR-2011-title5-vol1-chapI.pdf

Appraisal ratings:

OUTSTANDING - Achievement levels for all elements are designated as Exceptional.

EXCELLENT - Achievement levels for all critical elements are designated as Exceptional. Achievement levels for noncritical elements are designated as at least Fully Successful. Some, but not all, noncritical elements may be designated as Exceptional.

FULLY SUCCESSFUL - The achievement level for at least one critical element is designated as Fully Successful. Achievement levels for other critical and noncritical elements are designated as at least Fully Successful or higher.

MINIMALLY SATISFACTORY - Achievement levels for all critical elements are designated as at least Fully Successful. However, the achievement level(s) for one (or more) noncritical element(s) is (are) designated as Unacceptable.

UNACCEPTABLE - The achievement level(s) for one (or more) critical element(s) is (are) designated as Unacceptable.

EXAMPLE ONLY, everyone’s is different

Non-Critical Element 1:  Change Management

Fully Successful:

Exceptional:

Critical Element 2:  Innovation and Creativity

Fully Successful:

Exceptional:

Non-Critical Element 3:  Professional Accountability

Fully Successful:

Exceptional:

Non-Critical Element 4:  Customer Service

Fully Successful:

Exceptional:

Critical Element 5:  Business Results

Fully Successful:

Exceptional:

 


Did I get my step increase?

I believe that is the closes to "real time" an employee can find since the LES  and ePOF update after the fact. They should be able to see the current step the first day of the PP after it went into place.

OCCUPATION SERIES & TITLE.......

PAY PLAN........................

OCCUPATION SERIES CODE..........

GRADE...........................

STEP............................

SALARY..........................

SPECIAL PAY RATE DIFFERENCE....

POSITION NUMBER.................000000

COMPETITIVE LEVEL...............

DUTY BASIS......................FULL-TIME

NORMAL HOURS....................80.00

PAY BASIS.......................PER ANNUM

PAY RATE DETERMINANT............

FLSA............................EXEMPT (NOT COVERED)

LABOR DIST CODE-1 COST CTR/ORG..

TYPE OF APPOINTMENT.............EXCEPTED WITHOUT TIME LIMIT

If your supervisor did not process your yearly appraisal/ performance evaluation, then it is possible HR Smart did not process your step increase.  See below.

Advancement from...

Requires...

step 1 to step 2 52 weeks of creditable service in step 1
step 2 to step 3 52 weeks of creditable service in step 2
step 3 to step 4 52 weeks of creditable service in step 3
step 4 to step 5 104 weeks of creditable service in step 4
step 5 to step 6 104 weeks of creditable service in step 5
step 6 to step 7 104 weeks of creditable service in step 6
step 7 to step 8 156 weeks of creditable service in step 7
step 8 to step 9 156 weeks of creditable service in step 8
step 9 to step 10 156 weeks of creditable service in step 9

Step increases typically flow automatically.  However, HR Smart has just implemented a new flow process that mandates all appraisals be in the system so that the step increase flows properly.  We are finding some glitches (for lack of better words) with the system.

 


Storage of Personal Items

Page 62

Section 7 - Personal Rights

A. Employees shall have the right to direct and fully pursue their private lives, personal welfare, and personal beliefs without interference, coercion, or discrimination by the Department so long as such activities do not conflict with job responsibilities or applicable laws.

B. The Department will make every reasonable effort to provide for secure storage of personal belongings.

C. The Department shall instruct employees on how to file a claim for reimbursement under 31 USC 3721 and related regulations and will make forms available in case of loss if some personal item is damaged, irretrievably lost, or destroyed.

Page 290

Section 4 - Storage and Personal Belongings

The availability of employee lockers or secure storage space for personal belongings is a subject for local negotiations.  The supervisor will provide locks or other security devices to secure personal belongings.

 


Bereavement and Funeral Leave

Call the office if you need help or are being denied something you think you deserve by your rights.

There are actually TWO separate sections that relate to bereavement and funeral leave (see highlighted sections below).  Bottom line is that employees are entitled to:

Leave for Bereavement:

  • Up to 5 day of annual leave, sick leave, and/or LWOP for employees to mourn the death of a spouse; child, parent, sibling, or any individual related by affinity, (i.e., whose association with the employee is the equivalent of the family relationships identified above.)
    • * Per the master agreement, Article 35, Section 18B (p. 204), Upon request, subject to any documentation requirements, leave-approving official shall approval up to 5 days of annual leave, sick leave, and /or LWOP for employees to mourn the death of the following family members:  Spouse; children, including adopted and step-children; parents, including step-parents; siblings, including step-brother/sister; or any individual related by affinity, (i.e., whose association with the employee is the equivalent of the family relationships identified above.)
  • One day of annual leave, sick leave, and/or LWOP for employees to mourn the death of a grandparent or parent of their spouse
    • * Per the master agreement, Article 35, Section 18B (p. 204), Upon request, subject to any documentation requirements, leave approving officials shall approve one day of annual leave, sick leave, and/or LWOP for employees to mourn the death of a grandparent or parent of their spouse.

 

AND

Leave to Attend Funeral

  • Sick leave to attend a funeral or memorial servicenecessary travel, pre-funeral and after-funeral/burial gatherings or ceremonies, memorial services; and reading of the will(Note: this may be more than 1 day)
    • *Per the master agreement, Article 35, Section 4D (p. 190), Title 5 and hybrid employees are entitled to sick leave to attend a funeral or memorial service; necessary travel, pre-funeral and after-funeral/burial gatherings or ceremonies, memorial services; and reading of the will.
    • *****Note that per the master agreement, Article 35, Section 18B (p. 204-205), Title 38 employees are NOT afforded the use of sick leave to attend a funeral or memorial service; necessary travel, pre-funeral and after-funeral/burial gatherings or ceremonies, memorial services; and reading of the will.

 


Info for Overtime and On Call Pay


WHY DO I NEED TO ENROLL IN E-DUES?

The VA plans to eliminate our ability to use payroll dues deduction (i.e., when Agency automatically takes dues out of your paycheck).

  • We need to get out of that system ASAP and all members need to enroll in E-Dues (i.e., AFGE’s Dues system) instead.
  • If you do not enroll in E-Dues ASAP, you risk being auto-dropped from our union!
  • It takes just 3-4 minutes to enroll!