Article Two — Licensed Practical Nurse Status

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2.1 Categories

The Licensed Practical Nurses covered by this Agreement (“Employees” or “LPNs”) are classified as either (1) Regular Full-Time; (2) Regular Part-Time; (3) Other Part-Time; (4) Temporary or (5) Per Diem.

2.1.1 Regular Full-Time Employee

A Regular Full-Time Employee is an Employee covered by this Agreement who is employed on a regular year-round basis to work no less than thirty-six and one-quarter (36.25) hours each workweek, and no less than thirty-seven (37) hours each workweek in the case of Employees working four-day (4) workweek schedules. A Regular Full-Time Employee will be eligible for all benefits under this Agreement if otherwise qualified.

2.1.2 Regular Part-Time Employee

A Regular Part-Time Employee is an Employee covered by this Agreement who is employed on a regular year-round basis to work less than thirty-six and one-quarter (36.25) hours each workweek but at least three (3) days each workweek. A Regular Part-Time Employee is not eligible for the full benefits provided by this Agreement, but is eligible for specified pro rata benefits.

2.1.3 Other Part-Time Employee

An Other Part-Time Employee is an Employee covered by this Agreement other than a Regular Full-Time or Regular Part-Time Employee.

An Other Part-Time Employee is only eligible for the salary specifically designated for him or her herein and to the grievance procedure, and sick leave benefits set forth in Article 9,  but is not entitled to any other benefits.

An Other Part-Time Employee shall not accrue seniority, but a Regular Full-Time or a Regular Part-Time Employee who becomes an Other Part-Time Employee shall not lose previously accrued seniority. Where the job of an Other Part-Time Employee is permanently eliminated, such Employee shall, if qualified in all respects, have the right to apply for any other job openings.

2.1.4 Temporary Employee

A Temporary Employee is one who is so informed at the time of hire, and is hired for a period of up to six (6) months or the duration of a special project, leave or vacation period, whichever is greater. The said period may be extended up to an additional three (3) months with the consent of the Union, which will not be unreasonably withheld. A Temporary Employee shall be eligible only for the salary schedule specifically designated for him or her herein and for the grievance procedure and shall not be eligible for any other benefits. A Temporary Employee shall not accrue seniority.

2.1.5 Per Diem Employee

Per Diem Employees are covered only by Article One (Agreement Scope), Article Three (Union Status), Article Seventeen (Grievance Adjustment), and those provisions expressly made applicable, by their terms, to Per Diem Employees.  A Per Diem Employee does not accrue seniority (i.e., is a non-permanent Employee) and is not eligible for any benefits, except as set forth in Sections 6.7, 7.2, 7.4, 7.9, 7.10, 10.5, and 11.5.

2.2 Appointment to Position

A new Employee shall be advised in writing of his/her initial salary and work schedule.

2.3 Probationary Period

A new Employee, whether or not formerly an Employee of the Employer, will be on probation until the Employee has actually worked for six (6) months or a pro rata, i.e., extended, equivalent for other than Regular Full-Time Employees, excluding time for illness or any other non-work time, provided that a former Employee of the Employer who has two (2) years of service and returns to service within a two-year (2) period shall have a three-month (3) probationary period, and provided further that a Per Diem Employee who transfers to a Regular Full-Time or Regular Part-Time position with the Employer must complete a minimum of a three-month (3) probationary period as a Regular Full-Time or Regular Part-Time LPN, regardless of any prior employment with VNSNY Home Care as a Per Diem Employee. By agreement between the Union and the Employer, the said probationary period may be extended.  Failure to extend the probationary period or to terminate the Employee during or at the end of such period means the Employee has successfully completed that period.  During the probationary period, the Employee will be subject to demotion, suspension, other discipline, or discharge at the Employer's sole discretion, without recourse to the grievance procedure, but will otherwise be covered by this Agreement.

2.4 Post-Probationary Discipline

After the probationary period, the Employer shall have the right to suspend, discharge, demote or otherwise discipline an Employee for just cause.  The Employer will notify the Union in writing when an Employee not covered by Section 2.3 is discharged.


Source URL: https://www.uft.org/your-rights/contracts/other-contracts/visiting-nurse-service-new-york-licensed-practical-nurses/article-two-licensed-practical-nurse-status