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Article Five — Hours of Work

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5.1 Normal Workday

For the purposes of determining application of an Employee’s regular compensation rate, the Employee’s normal workday will be seven and one-quarter (7.25) work hours for Employees working a five-day workweek, nine and one quarter (9.25) work hours for Employees working a four-day workweek, and twelve (12) work hours for two (2) days and twelve and one-quarter (12.25) work hours for one (1) day for Employees working a three-day workweek, excluding any scheduled meal period.

5.2 Normal Workweek

For the purposes of determining application of an Employee's regular compensation rate, the Employee's normal workweek will be thirty-six and one-quarter (36.25) hours for Employees working a five-day workweek, thirty-seven (37) hours for Employees working a four-day workweek, and thirty-six and one-quarter (36.25) hours for Employees working a three-day workweek. The workweek begins 12:01 a.m. Saturday and ends at 12:00 midnight the following Friday.

5.3 Meal Period

Meal periods shall be forty-five (45) minutes as presently constituted.  In order to accommodate the needs of the patients, nurses and escorts, meal periods should be completed between 11:00 a.m. and 2:30 p.m. or during the three and one-half-hour (3.5) period that falls within the middle of the Employee's scheduled shift, whichever is applicable, as long as that is not inconsistent with proper scheduling of patients and the reasonable needs of escorts.  Modifications and/or exceptions to this policy requested by the LPN are within the discretion of the Program or Department Head, as applicable, or designee.

5.4 Rest Period.

An Employee working a seven and one quarter (7.25) hour workday, five day work schedule who works a full shift shall be entitled to two (2) rest periods of fifteen (15) minutes each in each workday in accordance with the instruction of the Program or Department Head, as applicable, or designee, if any, as long as it does not interfere with the operational requirements of the Employer.  An Employee working a nine and one quarter (9.25) hour workday, four day work schedule who works a full shift shall be entitled to two (2) rest periods of eighteen (18) minutes each in each workday in accordance with the instruction of the Regional Administrator or Department Head, as applicable, or designee, if any, as long as it does not interfere with the operational requirements of the Employer.

An Employee who works at least a full half day shall be entitled to one (1) such fifteen-minute (15) rest period for Employees working five-day workweek, one (1) eighteen (18) minute rest period for Employees working four-day workweek, in accordance with the instruction of the Regional Administrator or Department Head, as applicable, or designee, if any, as long as it does not interfere with the operational requirements of the Employer.

5.4.1 Rest Period (Three Day Week)

An Employee working a twelve (12) or twelve and one-quarter (12.25) hour workday, three day work schedule who works a full shift shall be entitled to one (1) forty-five (45) minute break period in each workday in addition to the contracted forty-five (45) minute meal period in Article 5.3, with one of these breaks scheduled flexibly in the middle of the first six (6) hours of the workday and one flexibly in the middle of the second six (6) hours of the workday, as long as that is not inconsistent with effective and efficient patient care.

An Employee who works at least a full half day shall be entitled to one (1) such forty-five (45) minute break period in accordance with the instruction of the Regional Administrator or Department Head, as applicable, or designee, if any, as long as it does not interfere with the operational requirements of the Employer.

5.5 Work Schedules.


5.5.1 Weekend and Holiday

The Employer will post tentative work, weekend and holiday schedules at least three (3) months in advance beginning on January 1 of each year and at least quarterly thereafter, subject to change as necessary.  Affected Employees will be notified of scheduling changes necessitated by the resignation of an Employee within one (1) week after receipt of written notification of resignation in accordance with Section 6.11.  With regard to scheduling changes necessitated by other factors, the affected Employees will be notified of such change within a reasonable time after the occurrence of the event requiring such change.

5.5.2 Different Starting and Ending Times

If VNSNY Home Care determines that patient care or operational needs require Employees in any Region/Program to regularly work a work schedule with different starting and ending times, VNSNY Home Care initially shall invite Employees in the Region/Program to volunteer to work such schedule.  VNSNY Home Care shall review the volunteers to determine whether they have the qualifications and abilities to perform the work and to assume the responsibilities required.  In the event that insufficient numbers of qualified Employees volunteer and are selected, VNSNY Home Care shall select Employees within the Region/Program to work those days or hours in reverse order of their seniority, provided that these Employees have the qualifications and abilities to perform the work and to assume the responsibilities required.

5.6 Work Obligation: Employees

An Employee will work the hours assigned and such additional hours as the Employer may require, including weekend, holiday and other assignments.  However, before the Employer requires an Employee to work pre-scheduled overtime, Employees in the Region/Program will be invited to volunteer for the overtime assignment.  Volunteers will be assigned to such overtime on the basis of seniority.  If insufficient volunteers apply, Employees will be assigned in reverse seniority order. Employees on probation will be asked to volunteer or be assigned overtime in reverse seniority order at the discretion of the Regional Administrator or Department Head, as applicable, or designee.

Pre-scheduled overtime shall mean overtime that is scheduled at least one (1) day in advance. The Employer will assign holiday work among Employees on an equitable basis subject to operational requirements.  An Employee will report to work on time, ready, willing and able to work.

5.7 Cashing Checks

Employees shall be afforded fifteen (15) minutes during which to cash paychecks.

5.8 Voting Time

Employees will be entitled to time off with pay to vote at city, state or federal elections in accordance with New York State Law.

 

5.9 Emergency Plans

Employees covered by this Agreement shall be supplied with a written copy of a Region/Program office general emergency plan to respond to severe weather conditions, blackouts, etc., which shall include specific contingency provisions.