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Article Five — Hours of Work

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5.1 Workday.

5.1.1 Normal Workday.

For the purpose 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, excluding any scheduled meal period.

5.1.2 Normal Workday for Employees Working Four-Day (4) Workweek Schedule Alternative under Section 5.7.

For the purpose of determining application of an Employee's regular compensation rate, the Employee's normal workday will be nine and one-quarter (9.25) work hours, excluding any scheduled meal period. A Registered Nurse working a four-day (4) workweek shall make visits outside the hours of 7:00 a.m. to 7:00 p.m. only with the agreement of the patients and consistent with the patients' clinical needs as determined by the Employer.

5.1.3 Normal Workday for Employees Working Flextime Workweek Schedule Alternative under Section 5.7.

An Employee's workday will consist of hours worked between the hours of 7:00 a.m. and 7:00 p.m.

5.1.3.1 Flextime A Schedule.

Registered Nurses will work thirty-six and one-quarter (36.25) hours in each seven-day (7) workweek set forth in Section 5.2.

5.1.3.2 Flextime B Schedule.

Registered Nurses will work five (5) scheduled workdays each workweek set forth in Section 5.2 and will work a minimum of three (3) hours every scheduled workday.

5.1.4 Weekend Infusion Staff Workday and Workweek.

Members of the Weekend Infusion Staff shall work a workweek consisting of two (2) thirteen-hour (13) workdays from 7:15 a.m. to 9:00 p.m. on either Friday and Saturday, Saturday and Sunday or Sunday and Monday.

5.2 Normal Workweek.

For the purpose 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 (thirty-seven (37) hours for Employees working four-day (4) workweek alternative). The workweek begins 12:01 a.m. Saturday and ends at 12:00 midnight the following Friday. A Weekend Infusion Staff Nurse shall receive salary, education and experience differentials based on a thirty-six and one-quarter-hour (36.25) workweek. For all fringe benefits purposes, a Weekend Infusion Staff Nurse shall be treated as a Regular Part-Time Employee, with benefits applicable to Regular Part-Time Employees (e.g., vacation, holidays, pension, etc.) prorated based on a twenty-six-hour (26) workweek.

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 Registered Nurse are within the discretion of the Regional Administrator or Department Head, as applicable, or designee.

5.4 Rest Period.

An Employee working a full shift shall be entitled to two (2) rest periods of fifteen (15) minutes each (eighteen (18) minutes for Employees working four-day (4) workweek alternative schedules) 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 (eighteen (18) minutes for Employees working four-day (4) workweek alternative schedules) in accordance with the instructions 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.

Notwithstanding the foregoing, Weekend Infusion Staff Nurses shall receive two (2) twenty-minute (20) rest periods per full shift.

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 6.14. 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.

Compactness of geographic area is a factor which the Employer shall not ignore when scheduling registered Nurses for weekend, holiday and regular assignments.

Notwithstanding anything else contained in this Agreement, Weekend Infusion Staff Nurses must work all holidays that fall on their assigned workdays.

5.5.2 Different Starting and Ending Times.

If VNSNY Home Care determines that patient care or operational needs require Registered Nurses in any Region/Program to regularly work a work schedule with different starting and ending times, VNSNY Home Care initially shall invite Registered Nurses 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 Registered Nurses volunteer and are selected, VNSNY Home Care shall select Registered Nurses within the Region/Program to work those days or hours in reverse order of their seniority, provided that these Registered Nurses 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 a Registered Nurse to work pre-scheduled overtime, Registered Nurses 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, Registered Nurses will be assigned in reverse seniority order. Registered Nurses 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 day in advance. The Employer will assign holiday work on an equitable basis subject to operational requirements. An Employee will report to work on time, ready, willing and able to work. Any Employee who has worked for the Employer for over fifteen (15) years will not be required to work holidays unless required for the effective and efficient operation of the Employer or Region/Program.

5.7 Work Schedule Alternatives.

5.7.1 Special Work Schedule Alternatives.

This Agreement makes provisions for an alternative workday of nine and one-quarter (9.25) hours, four (4) days a week and two (2) alternative flextime work schedules.

5.7.2 Application and Selection to Alternative Work Schedules.

Employees shall have the individual option to request a specific alternative work schedule one (1) time in any six-month (6) period subject to the approval of the Regional Administrator or Department Head, as applicable, or designee, based on the Regional Administrator's or Department Head's, as applicable, or designee's, determination of qualifications, as well as patient care and operational needs. Registered Nurses may not, however, elect either flextime alternative until they have been employed for at least six (6) months by VNSNY Home Care or less at the discretion of the Regional Administrator or Department Head, as applicable, or designee. Employees who select and are approved for an alternative work hour schedule hereunder shall work that schedule a minimum of six (6) months before being eligible to seek any other work schedule. If, following the end of the first six (6) months of an Incumbent Employee's first election of an alternative work schedule, he or she desires to return to his or her former schedule, the Employer will make good faith efforts to honor that request.

5.7.3 Assignment to Work Hour Alternatives.

In the event that VNSNY Home Care determines that patient care or operational needs require additional Registered Nurses in any Region/Program to work any of the work schedule alternatives, the procedure for seeking volunteers and ultimate assignment by reverse seniority as set forth in Section 5.5.2 shall be applicable.

5.7.4 Selection among Volunteers.

Where two (2) or more Registered Nurses in the same Region/Program simultaneously request one of the work schedule alternatives under this Section 5.7 and not all such requests can be approved, 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. VNSNY Home Care will then select the Registered Nurse or Nurses within the Region/Program to work the desired alternative work schedule in order of seniority, provided that the Registered Nurses have the qualifications and abilities to perform the work and assume the responsibilities required. Nothing in this Subsection shall permit the "bumping" of a Registered Nurse from a work schedule alternative previously requested and approved.

5.8 Cashing Checks.

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

5.9 Voting Time.

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

5.10 Emergency Plans.

Registered Nurses 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. Consultation shall be had in connection with any changes in the plan.