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Article Six — Salaries and Other Compensation

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6.1 Staff LPN Rates.

6.1.1 Regular Full-Time Employees.

The minimum annualized Base Compensation Rate for Regular Full-Time Employees is

Effective Date Amount Per Annum

July  1, 2014

$46,478.37

December 31, 2015 $46,943.15
October 1, 2016 $47,647.30

6.1.2 Regular Part-Time Employees.

Regular Part-Time Employees shall receive a pro-rata rate under this Section.  Other Part-Time and Temporary Employees shall receive a regular compensation rate equal to a pro-rata portion of the Base Compensation Rate shown above; Other Part-Time, Per Diem and Temporary Employees do not become Incumbent Employees, nor are they eligible for the rates or increases for such Incumbent Employees below, except as specifically indicated in the applicable provisions below.

6.1.3 Incumbent Employee Increase.

Each Employee in the active employ of the Employer on the following effective dates and covered by this Agreement (including Employees on authorized leave of absence on that date who return to work with the Employer following the expiration of such leave) shall receive an increase effective on such effective date in his or her Incumbent Base Compensation Rate as indicated below:

Effective December 31, 2015, Full-Time and Regular Part-Time Incumbent Employees shall have their Incumbent Base Compensation Rates increased by one percent (1%).

Effective October 1, 2016, Full-Time and Regular Part-Time Incumbent Employees shall have their Incumbent Base Compensation Rates increased by one and one half percent (1.5%).

If, after receiving such increase, an Employee's Incumbent Base Compensation Rate is not at the minimum annualized Base Compensation Rate as provided for under Sections 6.1.1 and 6.1.2 above, the Employee shall receive an adjustment to bring said Employee's Incumbent Base Compensation Rate up to said minimum annualized Base Compensation Rate.

An Employee’s Incumbent Base Compensation Rate is the Employee’s salary exclusive of all differentials.

6.2 Experience Differential.

Regular Full-Time Staff LPNs with at least five (5) full years of comparable and continuous full-time LPN experience (internal and external) shall receive an additional one thousand dollars ($1,000.00) per year. Effective December 31, 2015, the Experience Differential shall be increased to one thousand ten dollars ($1,010.00) per year.  Effective October 1, 2016, the Experience Differential shall be increased to one thousand twenty five dollars and fifteen cents ($1025.15) per year.

A Regular Part-Time Employee and an Other Part-Time Employee will be entitled to a pro-rata benefit under this Section 6.2 based on experience as defined in the first paragraph of this Section.  Experience before and after employment with the Employer shall be considered consecutive and combined unless there has been more than a one-year break in experience for which credit is given under this Section 6.2.

Effective for years of experience after January 1, 2011, Per Diem Employees who become Staff LPNs will receive credit under Section 6.2 for years of experience as a VNSNY Per Diem Employee after January 1, 2011 to the extent that such Per Diem Employee worked a schedule equivalent to that of a Regular Full-Time Employee, including weekends.  Such Per Diem Employees must agree in advance on a form provided by the Employer to participate in the same weekend work schedule and other variable shift schedules required of Staff LPNs in his or her Region/Program, and each LPN must fulfill his/her agreement.

6.3 Per Diem Rates.

6.3.1 Per Visit Pay Rates.

Per Visit Pay Rates.  A Per Diem Employee, when compensated on a per visit basis by the Employer, is paid:

Effective Date

Per Weekday Visit

Per Weekend Visit
made on Saturdays,
Sundays or Holidays
as defined in Section 8.1

July 1, 2014

$38.24

$40.80

December 31, 2015 $38.62 $41.21
October 1, 2016 $39.20 $41.82

In addition to the per visit pay rate described above, a Per Diem Employee paid on a per visit basis who makes a post-partum visit to a mother and her well baby(ies) is paid an additional thirty percent (30%) of the applicable per visit rate.

6.3.2 Hourly Pay Rates.

A Per Diem Employee, when compensated on an hourly basis by the Employer, is paid:

Effective Date

Hourly Rate

July 1, 2014

$26.10

December 31, 2015 $26.36
October 1, 2016 $26.76

6.4 Overtime Work.

6.4.1 Employees Working Seven and One-Quarter-Hour (7.25) Workdays, Five-Day (5) Workweek Schedule.

An Employee shall be paid at one and one-half (1.5) times the Employee's regular compensation rate for authorized time worked in excess of thirty-six and one-quarter (36.25) hours per week, or in the case of a Regular Full-Time Employee who is regularly scheduled to work five (5) days per week, seven and one-quarter (7.25) hours per day.  For this Section's purposes, such an Employee's work period will be deemed to include time compensated for Holidays, Personal Days, Vacations, Sick Leave Days, Leave for Death in Family, Paternity Leave and Jury Duty Leave.

6.4.2 Employees Working Four-Day (4) Workweek.

An Employee shall be paid at one and one-half (1.5) times the Employee's regular compensation rate for authorized time worked in excess of thirty-seven (37) hours per week, or for authorized time worked in excess of nine and one-quarter (9.25) hours per day.  For this Section's purposes, such an Employee’s work period will be deemed to include time compensated for Holidays, Personal Days, Vacations, Sick Leave Days, Leave for Death in Family, Paternity Leave and Jury Duty Leave.

6.4.3 Employees Working Three Day (3) Workweek.

An Employee shall be paid at one and one-half (1.5) times the Employee's regular compensation rate for authorized time worked in excess of thirty-six and one quarter (36.25) hours per week, or for authorized time worked in excess of twelve (12) hours per day for two (2) days and twelve and one quarter (12.25) hours per day for the third day.  For this Section's purposes, such an Employee's work period will be deemed to include time compensated for Holidays, Personal Days, Vacations, Sick Leave Days, Leave for Death in Family, Paternity Leave and Jury Duty Leave.

6.5 Call-In and Subject-to-Call.

An Employee assigned to be subject-to-call on a weekend day or holiday prior to 8:45 a.m. shall receive one and one-half (1.5) hours pay at his or her regular compensation rate for each day on which the Employee is so assigned.  A Regular Full-Time Employee subject-to-call, as set forth above, called to work on such weekend day or holiday shall receive time and one-half (1.5) (straight time in case of Regular Part-Time Employees) the Employee's regular compensation rate for all such hours worked (but in no event less than four (4) hours' straight time pay), or at least four (4) hours' compensatory time on an hour for hour basis.

6.5.1 Hospice Evening Shift Call-In and Subject-to-Call.

Hospice LPN Employee assigned to be subject-to-call on a Friday, Saturday, Sunday or holiday evening shift prior to 8:45 p.m. shall receive one and one-half (1.5) hours’ pay at his or her regular compensation rate for each day on which the Employee is so assigned.  A Regular Full-time Employee subject-to-call, as set forth above, called to work on such Friday, Saturday, Sunday or holiday shall receive time and one-half (1.5) (straight time in case of a Regular Part-time Employee) the Employee’s regular compensation rate for all such hours worked (but in no event less than four (4) hours’ straight time pay), or at least four (4) hours’ compensatory time on an hour for hour basis.

There will be no pyramiding of pay under this Section.

6.6 Compensatory Time Off

Except with mutual consent of the Employer and the LPN concerned, the Employer will not require an LPN to take compensatory time off (on an hour for hour basis) in lieu of premium compensation.

6.7 Premium Compensation Rate: Limitations

Neither compensation nor compensation rates will be pyramided or compounded in computing compensation payable under this Agreement and, if more than one (1) type of premium compensation rate would otherwise apply to the same work, only the higher rate will be paid.

6.8 Uniform Allowance

Upon beginning employment with VNS, Regular Full‑Time Employees shall be provided with five (5) tops of their choice and one (1) sweater or vest from among a selection of items identified by VNS (“the VNS Collection”), and Regular Part‑Time Employees shall be provided with two (2) tops of their choice and one (1) sweater or vest from the VNS Collection.  Thereafter, said Employees shall receive two (2) tops annually, to be issued on each of the Employee’s succeeding anniversary dates in which he or she continues to be in such status.

On the first anniversary of beginning employment with VNS, Per Diem Employees compensated by the Employer on a per visit basis, who regularly make twenty-eight (28) visits per week shall be provided with five (5) tops of their choice and one (1) sweater or vest from the VNS Collection.  Thereafter, such Per Diem Employees shall receive two (2) tops annually, to be issued on each of the Employee’s succeeding anniversary dates in which he or she continues to be such a Per Diem Employee.  On the first anniversary of beginning employment with VNS, Per Diem Employees who make less than twenty-eight (28) visits per week, shall be provided with two (2) tops of their choice and one (1) sweater or vest from the VNS Collection. Thereafter, such Per Diem Employees shall receive one (1) top annually, to be issued on each of the Employee’s succeeding anniversary dates in which he or she continues to be such a Per Diem Employee.   On the first anniversary of beginning employment with VNS, Per Diem Employees compensated by the Employer on an hourly basis, who regularly work twenty-nine (29) hours per week, shall be provided with five (5) tops of their choice and one (1) sweater or vest from the VNS Collection.  Thereafter, such Per Diem Employees shall receive two (2) tops annually, to be issued on each of the Employee’s succeeding anniversary dates in which he or she continues to be such a Per Diem Employee.  On the first anniversary of beginning employment with VNS, Per Diem Employees who work less than twenty-nine (29) hours per week, shall be provided with two (2) tops of their choice and one (1) sweater or vest from the VNS Collection. Thereafter, such Per Diem Employees shall receive one (1) top annually, to be issued on each of the Employee’s succeeding anniversary dates in which he or she continues to be such a Per Diem Employee.

Employees covered by this Agreement, including Per Diem Employees, are required to wear VNS tops with the VNS logo and VNS sweaters or vests with the VNS logo from the VNS Collection, and navy blue bottoms.

Employees shall supply navy blue bottom themselves.

Regular Full‑Time Employees shall receive an annual uniform allowance of one‑hundred fifty dollars ($150) (pro‑rata for Regular Part‑Time Employees), Seventy‑five dollars ($75.00) of the annual uniform allowance is payable on the Employee’s eighteen (18) month Anniversary Date and, thereafter, one‑half (½) of the annual amount is payable every six (6) months.

6.9 I.D. Cards.

An Employee will not be required to pay for his or her initially issued I.D. Card but is required to pay for any subsequent replacement card.

6.10 Transportation Allowance.

The present VNSNY Home Care practice regarding payment in connection with the authorized use of an Employee's personal automobile shall be continued during the term of this Agreement, including a car allowance, where applicable, in an amount equal to $191.67 per month ($2,300.00 per year).

The Employer shall continue its policy to reimburse an Employee for all reasonable parking expenses and tolls incurred in the field while visiting patients.  It is a general rule that an Employee who drives is expected to comply with parking and driving regulations and, as a result, he or she is held responsible for paying all fines received as a result of violating parking or driving regulations. However, recognizing that unusual circumstances can occur when the situation is beyond the control of the Employee, the Regional Administrator or Department Head, as applicable, or designee, has the discretion to make an exception and approve the payment of parking violation tickets by VNSNY Home Care.  In the case of a breakdown of an Employee's automobile in the field, good faith efforts will be made to provide alternative means of transportation or reassignment of the Employee involved.

6.11 Termination Benefits

A Regular Full-Time or Regular Part-Time Employee whose employment is permanently terminated for a reason other than resignation or discharge will receive as a termination allowance:  (a) twenty (20) workdays' notice or compensation (pro rata for a Regular Part-Time Employee) to the extent such notice is deficient; (b) vacation pay pro rata to the Employee's termination date; and (c) accrued past holiday, personal days and earned compensatory time for which an Employee is then eligible but has not yet taken.

6.12 Resignation

An Employee whose employment is terminated by resignation will give Employer advance written notice of four (4) weeks or forfeit termination benefits.  An Employee must work the entire resignation notice period, except for bona fide illnesses or pre-scheduled time off, or forfeit termination benefits.

6.13 Theft of Personal Property

The Employer shall, during the term of this Agreement, continue its present policy regarding theft of the following items during working hours, but the maximum level of reimbursement shall be $35.00 for cash, $40.00 for a watch, $25.00 for a wallet and $15.00 for a tote bag.  During the term of this Agreement, the theft or vandalism of standard automobile equipment while in the field during working hours will be reimbursed up to $90.00 per incident.  Normal proof of such theft or vandalism will be provided by the LPN.

6.14 Equipment Loss or Theft

Each Employee is supplied with a stethoscope and sphygmomanometer and other equipment to be carried in his or her bag.  The designated business staff will keep a list of names of each person having this equipment along with the number code for each stethoscope and sphygmomanometer.  The Employee will be responsible for this equipment and, if lost or damaged because of carelessness on his or her part, i.e., leaving in patient's home, leaving bag with this equipment in a place that is vulnerable to robbery, or placing equipment where it is apt to be damaged, he or she will discuss with their Manager and be expected to pay the full cost of such equipment.  However, this equipment may be replaced by the Manager without charge to the Employee when such damage or breakage occurs as a result of accident or when equipment has been used for a reasonable length of time, when it is no longer functional, or if damaged or stolen under circumstances over which the Employee had no control.  An Employee who drives a car on duty must take bag and other equipment with him or her when he or she leaves his or her car.

In the case of computer damages where negligence is at issue, the Employer will submit the damaged computer or equipment to the manufacturer for a determination of whether the damage was due to product defect or normal wear and tear.  If the manufacturer determines that the damage was not the result of product defect or normal wear and tear, the Employee will immediately pay the damage assessment directly or by payroll deduction, but the determination may also be appealed directly to arbitration under Section 17.5 (Step 3).  The determination shall be a part of the evidence at the arbitration hearing without the necessity of producing a manufacturer’s representative.  Following execution of the Agreement, the parties will discuss the selection of a single arbitrator to hear these cases on an expedited basis. 

6.15 Pay Period

The frequency of payments shall continue on a biweekly basis as heretofore.

6.16 Evening/Night Differential

An Employee regularly scheduled to work a schedule including the hours from 6:00 p.m. to 12:00 midnight shall receive a differential of twelve percent (12%) of his or her regular hourly compensation rate for any such hours between 6:00 p.m. and 12:00 midnight, and an Employee regularly scheduled to work a schedule from 12:00 midnight to 7:00 a.m. shall receive a differential of fifteen percent (15%) of his or her regular hourly compensation rate for any such hours between 12:00 midnight and 7:00 a.m.  In the event that VNSNY Home Care determines that patient care or operational needs require additional Employees in any Region/Program to be scheduled to work a regular schedule of hours beyond 6:00 p.m., the procedure for seeking volunteers and ultimate assignment by seniority as set forth in Section 5.5.2 shall be applicable.  This differential shall not be applicable to hours paid on an overtime basis, or to Employees working the four day (4) workweek, nine and one-quarter hour (9.25) workday schedule.

6.17 Pay for Orientation, In-service, and Required Meetings

After completion of at least one visit after date of hire as a Per Diem Employee, a Per Diem Employee shall be compensated at a rate of  twenty dollars and forty-seven cents ($20.47) effective July 1, 2014, a rate of twenty dollars and sixty-seven cents ($20.67) effective December 31, 2015 and a rate of twenty dollars and ninety-eight cents ($20.98) effective October 1, 2016  for each hour of LPN Orientation that he or she is assigned to attend, and does attend, including such Orientation hours spent in the field on patient visits during such Orientation.  Fifty percent (50%) of the foregoing compensation shall be paid in accordance with normal payroll procedure and fifty percent (50%) shall be deferred and paid after such Per Diem Employee has completed 30 visits (36.25 hours for Per Diem Employees compensated on an hourly basis) after date of hire as a Per Diem Employee.  The Union may designate one (1) Registered Nurse or LPN (and one (1) alternate Registered Nurse or LPN) to give a presentation for up to one-half hour at the first Orientation class of new Per Diem Employees.

A Per Diem Employee shall be compensated at a rate of twenty dollars and forty-seven cents ($20.47) effective on July 1, 2014, a rate of twenty dollars and sixty-seven cents ($20.67) effective on December 31, 2015, and a rate of twenty dollars and ninety-eight cents ($20.98) effective on October 1, 2016 for each hour of In-service Education that he or she is assigned to attend, and/or does attend, with the manager's approval and for each hour spent in attendance at required meetings.

6.18 Pay for Orientation, In-service, and Required Meetings

After completion of at least one visit after date of hire as a Per Diem Employee, a Per Diem Employee shall be compensated at a rate of  twenty dollars and forty-seven cents ($20.47) effective July 1, 2014, a rate of twenty dollars and sixty-seven cents ($20.67) effective December 31, 2015 and a rate of twenty dollars and ninety-eight cents ($20.98) effective October 1, 2016  for each hour of LPN Orientation that he or she is assigned to attend, and does attend, including such Orientation hours spent in the field on patient visits during such Orientation.  Fifty percent (50%) of the foregoing compensation shall be paid in accordance with normal payroll procedure and fifty percent (50%) shall be deferred and paid after such Per Diem Employee has completed 30 visits (36.25 hours for Per Diem Employees compensated on an hourly basis) after date of hire as a Per Diem Employee.  The Union may designate one (1) Registered Nurse or LPN (and one (1) alternate Registered Nurse or LPN) to give a presentation for up to one-half hour at the first Orientation class of new Per Diem Employees.

A Per Diem Employee shall be compensated at a rate of twenty dollars and forty-seven cents ($20.47) effective on July 1, 2014, a rate of twenty dollars and sixty-seven cents ($20.67) effective on December 31, 2015, and a rate of twenty dollars and ninety-eight cents ($20.98) effective on October 1, 2016 for each hour of In-service Education that he or she is assigned to attend, and/or does attend, with the manager's approval and for each hour spent in attendance at required meetings.