Skip to main content
Full Menu

Article Two — Registered Nurse Status

Contract Search

Table of Contents

2.1 Categories.

Employees 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 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 no 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; he or she 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 Employees covered by this Agreement who are employed in lieu of the availability of Regular Full-Time and Regular Part-Time Employees and are so informed at the time of retention. Per Diem Employees are covered only by this Section 2.1.5, 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 Employ ee) and is not eligible for any benefits, except as specifically set forth in this Agreement.

2.1.5.a Per Visit Pay Rates.

The following table sets forth the Per Visit Rates for Per Diem Employees in the employ of the Employer on or after January 1, 2014.

Per Visit Rates
  Effective
January 1, 2014
Weekday Visits: $56.20
Weekend Visits made on Saturdays, Sundays and Holidays, as defined in Section 8.1.1 of the Agreement $61.40
Nurse Practitioner  
  Evaluation/Mgmt Visits billed under CPT codes 99347 - 99350 $85.45
  Evaluation/Mgmt Visits billed under CPT codes 99341 - 99345 $95.45
  Psychiatric Diagnostic Exam Visit billed under CPT codes 90801 - 90802 $95.45
  Comprehensive Medical Evaluation Visit $120.45

A Per Diem Employee who is certified by the Employer for, and is assigned to make and makes, Infusion visits is paid in accordance with the following:

Weekday Visits:  $66.20
Weekend Visits made on Saturdays, Sundays and Holidays, as defined in Section 8.1.1 of the Agreement $70.90

In addition to the per visit pay rate described above, a Per Diem Employee who makes a post-partum visit to a mother and her well baby(ies) is paid an additional twenty-one dollars and twenty cents ($21.20) for each such visit.

In addition to the per visit rates described above, effective July 1, 2016, a Per Diem Employee who makes an OASIS start of care visit shall be paid an additional ten dollars ($10) for each such visit.

2.1.5.b Per Diem "Plus" Program.

A Per Diem Employee who agrees to make a minimum of thirty (30) visits in each of forty-two (42) workweeks in a twelve-month (12) period, and who elects this status with the reasonable approval of the Employer, shall during such twelve-month (12) period be eligible to participate in the Fund by paying a variable pretax contribution based on the number of visits per work week, up to thirty (30) visits per week.  The amount of the variable pretax contribution shall equal the Fund annual Employer Contribution Rate under Section 7.1 divided by 1,260 multiplied by the number of visits made in each work week, not to exceed thirty (30).  The pretax contributions will cease once the Per Diem Employee has made contributions equal to the annual Employer Contribution Rate amount in accordance with Section 7.1.  Said Per Diem Employee shall be covered under the Fund as long as he or she maintains such schedule during that twelve-month (12) period. The forty-two (42) workweek schedule agreed to by the Employer and the Per Diem Employee must include at least five (5) workweeks in the July-August period and at least two (2) of the following five (5) priority holiday periods: (a) Christmas Day and a two-day period as defined annually by the Employer; (b) New Year's Day and a two-day period as defined annually by the Employer; (c) Independence Day and a two-day period as defined annually by the Employer; (d) Labor Day and the Saturday and Sunday prior to the holiday; and (e) a holiday listed in Section 8.1.1 and a two-day period as defined annually by each Regional Administrator or Department Head, as applicable, or designee. A Per Diem Plus Employee shall be credited for one (1) visit towards the thirty (30) weekly visits requirement for each hour beyond the first hour of attendance at meetings and In-service Education required by the Employer, provided that such Per Diem Plus Employee will still be required to make 1,260 visits to patients during the applicable twelve (12) month period.

Alternatively, a Per Diem Employee who agrees to make a minimum of thirty (30) visits in each of forty-two (42) workweeks in a twelve-month (12) period, and who elects this status with the reasonable approval of the Employer, shall during such twelve-month (12) period be eligible to participate in the Fund by paying a variable pretax contribution based on the number of visits per work week, up to thirty (30) visits per week.  The amount of the variable pretax contribution shall equal the annual Employer Contribution Rate under Section 7.1, minus $5,000 dollars, divided by 1,260 multiplied by the number of visits made in each work week, not to exceed thirty (30).  The pre-tax contributions will cease once the Employee has made contributions equal to the annual Employer Contribution Rate amount in accordance with Section 7.1, minus $5,000 dollars. Said Per Diem Employee shall be covered under the Fund as long as he or she maintains such schedule during that twelve-month (12) period. The forty-two (42) workweek schedule agreed to by the Employer and the Per Diem Employee must include at least seven (7) workweeks in the period between the Saturday prior to July 4th and the Friday following Labor Day; one (1) weekend (Saturday and Sunday) in each month, which shall include at least one (1) of the following two (2) weekends: (a) Easter weekend; and (b) Mother's Day weekend; and five (5) consecutive work days during the eleven (11) day period that begins on December 22nd and ends on January 1st, including Christmas Day in one (1) year and New Year's Day in the other year of the Agreement. A Per Diem Employee who agrees to the conditions stated in this paragraph shall be credited for one (1) visit towards the thirty (30) weekly visits requirement for each hour beyond the first hour of attendance at meetings and In-service Education required by the Employer, provided that such Per Diem Employee will still be required to make 1,260 visits to patients during the applicable twelve (12) month period.

For purposes of this paragraph, four (4) TCMs, as defined in Paragraph 2.1.5.h, shall count as one (1) visit for purposes of the Per Diem Plus program.

2.1.5.c Per Diem Bonus Programs.

A Per Diem Employee who agrees to make a minimum of thirty (30) visits in each of forty-two (42) workweeks in a twelve-month (12) period as described below in this paragraph ("Forty-Two Week Schedule"), and who elects this status with the reasonable prior approval of the Employer, shall during such twelve-month (12) period receive a per visit rate equal to the applicable Per Diem Rate; and, at the end of the twelve month (12) period, receive a bonus payment of seven hundred fifty dollars ($750) as long as he or she maintains such schedule during the twelve (12) month period. The Forty-Two Week Schedule agreed to by the Employer and the Per Diem Employee must include at least five (5) workweeks in the July-August period; at least one (1) of the following three (3) priority holiday periods: (a) Independence Day and a two-day period as defined annually by the Employer; (b) Labor Day and the Saturday and Sunday prior to the holiday; and (c) a holiday listed in Section 8.1.1 and a two-day period as defined annually by each Regional Administrator or Department Head, as applicable, or designee; at least one (1) of the following two (2) priority holiday periods: (a) Christmas Day and a two-day period as defined annually by the Employer; (b) New Year's Day and a two-day period as defined annually by the Employer; and one (1) weekend (Saturday and Sunday) in each calendar quarter, which shall include at least one (1) of the following two (2) weekends: (a) Easter weekend; and (b) Mother's Day weekend. A Per Diem Employee who, with the reasonable approval of the Employer, makes and complies with the foregoing commitment in any year shall be accorded one years preference with regard to other Per Diem Employees and non-Employees for available Staff Nurse job vacancies for which he/she submits a bid in accordance with Article 13.1, Posting. A Per Diem Employee who is part of the Per Diem Plus program set forth in Paragraph 2.1.5.b will also be eligible for participation in this Per Diem Bonus program on the same terms and conditions as set forth herein.

A Per Diem Employee who agrees to make a minimum of thirty (30) visits in each of forty-two (42) workweeks in a twelve-month (12) period as described below in this paragraph ("Forty-Two Week Schedule"), and who elects this status with the reasonable prior approval of the Employer, shall during such twelve-month (12) period receive a per visit rate equal to the applicable Per Diem Rate; and, at the end of the twelve month (12) period, receive a bonus payment of four thousand dollars ($4,000.00) as long as he or she maintains such schedule during the twelve (12) month period. The Forty-Two Week Schedule agreed to by the Employer and the Per Diem Employee must include at least seven (7) workweeks in the period between the Saturday prior to July 4th and the Friday following Labor Day; one (1) weekend (Saturday and Sunday) in each month, which shall include at least one (1) of the following two (2) weekends: (a) Easter weekend; and (b) Mother's Day weekend; and five (5) consecutive workdays during the eleven (11) day period that begins on December 22 and ends on January 1, including Christmas day in one year and New Years Day in the other year of the Agreement. A Per Diem Employee who, with the reasonable approval of the Employer, makes and complies with the foregoing commitment in any year shall be accorded one year s preference with regard to other Per Diem Employees and non-Employees for available Staff Nurse job vacancies for which he/she submits a bid in accordance with Article 13.1, Posting.

A Per Diem Employee who agrees to work at least twenty-eight (28) weekends (Saturday and Sunday) in a twelve (12) month period and make a minimum of seventy (70) weekend visits in each calendar quarter, as described below in this paragraph ("Twenty-Eight Weekend Schedule"), and who elects this status with the reasonable approval of the Employer, shall during such twelve-month (12) period receive a per visit rate equal to the applicable Per Diem Rate and, at the end of the twelve (12) month period, receive a bonus payment of $1,500 as long as he or she maintains such schedule during the twelve (12) month period. The Twenty-Eight Weekend Schedule agreed to by the Employer and the Per Diem Employee must include at least seven (7) weekends per calendar quarter; and at least two (2) of the following four (4) weekends: (a) Easter weekend; (b) Mother's Day weekend; (c) Labor Day weekend; and (d) one weekend as defined annually by each Regional Administrator or Department Head, as applicable, or designee.

Effective with Calendar Year 2009, a Per Diem Employee who is assigned a caseload with coordination of care responsibilities and makes at least one thousand two hundred sixty (1,260) such visits in a calendar year shall receive a bonus payment of one thousand eight hundred fifty dollars ($1,850) at the conclusion of such calendar year.

For purposes of this paragraph, four (4) TCMs, as defined in Paragraph 2.1.5.h, shall count as one (1) visit for purposes of the Per Diem Bonus program.

2.1.5.d Hourly Pay Rates.

A Per Diem Employee who is assigned to work in Admissions or in Respite, or who is assigned to work as a Patient Service Coordinator, on an hourly basis, shall be compensated at a rate of forty-five dollars and eighty-two cents ($45.82) per hour effective January 1, 2014 and at a rate of forty-six dollars and seventy-four cents ($46.74) per hour effective January  1, 2015.

2.1.5.e Pay for Orientation, In-service, Required Meetings and Subject-to-Call.

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 thirty-five dollars and twenty-two cents ($35.22), for each hour of initial 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 after date of hire as a Per Diem Employee.  The Union may designate one (1) Registered Nurse (and one (1) alternate Registered Nurse) to give a presentation for up to one-half hour at the first Orientation class of new Per Diem Employees.  VNS will schedule the half hour for the Union portion of the Orientation Program to begin promptly at 4:00 p.m.  Orientees may stay over on a voluntary basis to ask questions or hear more from the Registered Nurse Representative.

A Per Diem Employee shall be compensated at a rate of  thirty-five dollars and twenty-two cents ($35.22), for each hour of In-service Education that he or she is assigned to attend, and/or does attend, with the manager's approval, for each hour spent in attendance at required meetings and for each hour spent while subject-to-call.

Local Representative working as a Per Diem CoC required to attend a meeting with VNS Management or Human Resources to discuss Grievances under Article 17 when he or she would otherwise be making patient visits shall be compensated at this same rate for each such hour spent in attendance at this meeting.

2.1.5.f Computer Breakdowns.

Effective January 1, 2007, Per Diem Employees who lose earnings because of unavoidable computer breakdowns beyond their control who are directed to come into the office to have the problem corrected shall receive offsetting compensation at the rate of pay set forth in Article 2.1.5.e for their time in the office required by the Employer to resolve the computer problem. For more than one such occurrence within any fifteen (15) calendar day period, pay for time in the office will be at the rate set forth in Article 2.1.5.d, starting with the second such occurrence.

2.1.5.g Monthly Reports.

VNSNY Home Care shall advise the UFT monthly in writing of the total number of visits made by Per Diem Nurses and the total number of visits made by Registered Nurses. No Regular Full-Time or Regular Part-Time Registered Nurse shall be laid off or transferred involuntarily to another Region/Program because Per Diem Nurses are utilized to perform the work.

2.1.5.h Per Diem Telephonic Care Management.

Effective April 19, 2014, Per Diem nurses who are assigned to make Telephonic Care Management calls (“TCMs”) to VNSNY patients, as defined by, and in accordance with, the protocols of VNSNY, in lieu of a field visit, shall be paid a Telephonic Care Management rate of ten dollars ($10.00) for each approved TCM.

2.1.5.i Per Diem Not Home Visits. 

Effective April 19, 2014, Per Diem nurses who are assigned to a field visit and follow the protocols implemented by VNSNY for determining whether the patient is available for the field visit, and complete all VNSNY documentation requirements pre- and post-visit, shall be paid a “Not Home Visit” rate of ten dollars ($10.00) for each Not Home Visit. 

2.2 Appointment to Position.

Appointment to a position, i.e., initial appointment, promotions and lateral transfers, shall be in writing with the salary, differential and work schedule stated.

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 Registered Nurse, 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 Registered Nurse during or at the end of such period means the Registered Nurse has successfully completed that period. During the probationary period, the Employee will be subject to demotion, suspension, other discipline, or discharge at the Employ er'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 a Registered Nurse for just cause. The Employer will notify the Union in writing when a Registered Nurse not covered by Section 2.3 is discharged.

2.5 Thrift Plan.

Per Diem Employees are eligible, subject to the terms and conditions as set forth in the Plan, to participate in the Thrift Plan for Employees of Visiting Nurse Service of New York on a non-employer-match basis, effective July 1, 1999.