**HOURS OF DUTY AND LEAVE**

**1. REASON FOR ISSUE:** To implement provisions of the Department of
Veterans Affairs (VA) Health Care Personnel Enhancement Act of 2004
(Public Law 108-445, dated December 3, 2004) as it relates to Alternate
Work Schedules regarding hours of duty and leave for Veterans Health
Administration (VHA) registered nurses.

**2. SUMMARY OF CONTENTS/MAJOR CHANGES:** This handbook contains
mandatory hours of duty and leave procedures for nurses on Alternate
Work Schedules such as 36/40, 9-Month and the Baylor Plan. The pages in
this handbook replace some of the corresponding page numbers in VA
Handbook 5011. Section VI of Chapter 3, Appendices D-II-1, E-II-1,
F-II-1, G-II-1, and H-II-1 have been added. These changes will be
incorporated in the electronic version of VA Handbook 5011 that is
maintained on the [Office of Human Resources Management and Labor
Relations Web site](http://vaww.va.gov/ohrm/).

**3. RESPONSIBLE OFFICE:** The Human Resources Management Worklife and
Benefits Service (058), Office of the Deputy Assistant Secretary for
Human Resources and Labor Relations.

**4. RELATED DIRECTIVE:** VA Directive 5011, Hours of Duty and Leave.

**5. RESCISSIONS:** None.

**CERTIFIED BY: BY DIRECTION OF THE SECRETARY**

**OF VETERANS AFFAIRS:**

/s/Robert N. McFarland /s/R. Allen Pittman

Assistant Secretary for Assistant Secretary for Human

Information and Technology Resources and Administration

ELECTRONIC DISTRIBUTION ONLY

**3.** **DEFINITIONS**

a\. **Accrued Leave.** The leave earned by an employee during the
current leave year that is unused at any given time in that leave year.

b\. **Accumulated Leave.** The unused leave remaining to the credit of
an employee at the beginning of a leave year.

c\. **Administrative Workweek.** The calendar week, Sunday through
Saturday.

d\. \[**Alternate Work Schedules for Registered Nurses.**

\(1\) **36/40 Work Schedule.** Three regularly scheduled 12-hour tours
of duty within an administrative workweek that is considered for all
purposes to be a full 40 hour basic workweek.

\(2\) **9-Month Work Schedule.** Nine months part-time with three months
off duty within a fiscal year, paid at 75 percent of the full-time rate
for such nurse's grade and step each bi-weekly pay period of the fiscal
year.

\(3\) **Baylor Plan.** Two regularly scheduled 12-hour tours of duty
contained entirely within the first and last day of the administrative
workweek (Sunday and Saturday)\].

e\. \[**Basic Workweek**

\(1\) For full-time employees (other than physicians, dentists,
podiatrists, chiropractors, optometrists, nurses, nurse anesthetists,
physician assistants (PAs) and expanded-function dental auxiliaries
(EFDAs) appointed under 38 U.S.C. Chapters 73 or 74), basic workweek is
the 40 hour workweek established in accordance with 5 CFR 610.111 and
Part II, Chapter 2 of this handbook.

\(2\) Full-time physicians, dentists, podiatrists, chiropractors, and
optometrists to whom the provisions of Part II, Chapter 3 of this
handbook apply shall be continuously subject to call unless officially
excused by proper authority. This requirement as to availability exists
24 hours per day, 7 days per week.

\(3\) For full-time nurses, nurse anesthetists, PAs and EFDAs, basic
workweek means a 40 hour workweek established in accordance with the
provisions of Part II, Chapter 3 of this handbook. A

36/40 Work Schedule and the Baylor Plan (24-hour) basic workweek is
established in accordance with the provisions of Part II, Chapter 3 of
this handbook is applicable only to full-time nurses and nurse
anesthetists. Employees under the 9-Month Work Schedule are considered
part-time employees, except for purposes of health insurance per 38
U.S.C. 7456A(d)(4)\].

f\. **General Leave Terms.** In administrating 5 U.S.C. ch. 63, VA will
observe the definitions in 5 CFR 630.201.

g\. **Irregular or Occasional Overtime Work.** Overtime work that is not
regularly scheduled.

h\. **Leave Year.** A leave year begins on the first day of the first
full biweekly pay period in a calendar year and ends the day before the
first full biweekly pay period in the following calendar year.

i\. **Overtime Work and Overtime.** Definitions are the same as the
definitions in 5 CFR 550.103(i) and 550.111 for General Schedule (GS)
employees and non-U.S. citizen employees overseas. Overtime for title 38
employees is discussed in VA Handbook 5007, part V, chapter 2.

j\. **Part-Time Employee.** An employee who performs a regular tour of
duty on less than a full-time basis. A regular tour of duty is defined
as a specific number of hours scheduled over the course of a pay period.
Such an employee may perform duty on an unscheduled basis in addition to
the regularly scheduled tour of duty.

k\. **Regular Overtime Work.** Overtime work that is regularly
scheduled. For this purpose, any overtime work scheduled for an employee
in advance of the administrative workweek in which it occurs constitutes
regular overtime.

l\. **Regularly Scheduled Administrative Workweek.** For full-time
employees (other than physicians, dentists, podiatrists, chiropractors,
optometrists, nurses, nurse anesthetists, PAs and EFDAs appointed under
38 U.S.C. chs. 73 or 74), means the period within an administrative
workweek, established in accordance with 5 CFR 610.111 and part II,
chapter 3 of this handbook, within which these employees are required to
be on duty regularly. For part-time employees (other than those
appointed under 38 U.S.C. chs. 73 or 74), it means the officially
prescribed days and hours within an administrative workweek during which
these employees are required to be on duty regularly.

**NOTE:** *Section 6102, title 5, United States Code, requires that the
regular hours of work for wage employees be established at not more than
8 per day or 40 per week, but work in excess of such hours shall be
permitted when administratively determined to be in the public interest.
Work in excess of 8 hours per day, or 40 hours per week, constitutes
overtime work for General Schedule and wage employees (5 U.S.C. 5542 and
5543).*

**HOURS OF DUTY AND LEAVE**

###### PART II. HOURS OF DUTY

## **CONTENTS**

**PARAGRAPH PAGE**

**[CHAPTER 1](#PtIICh1). GENERAL**

1\. [PURPOSE](#PtIICh1para1) II-1

2\. [WORK SCHEDULES](#PtIICh1para2) II-1

[**CHAPTER 2.**](#PtIICh2) **ESTABLISHMENT OF WORKWEEKS, TOURS OF DUTY,
AND WORK SCHEDULES FOR EMPLOYEES IN TITLE 5 POSITIONS (APPOINTED UNDER 5
U.S.C., CHAPTER 51)**

1\. [BASIC WORKWEEK AND WORK SCHEDULES](#PtIICh2para1) II-3

2\. [WORK SCHEDULE INFORMATION](#PtIICh2para2) II-5

3\. [OVERTIME](#PtIICh2para3) II-5

4\. [LUNCH PERIOD](#PtIICh2para4) II-7

5\. [HOLIDAYS](#PtIICh2para5) II-8

6\. [TEMPORARY CLOSING OF OFFICES](#PtIICh2para6) II-10

7\. [DAYLIGHT-SAVINGS TIME](#PtIICh2para7) II-10

8\. [LIMITATION ON TOURS FOR MINORS](#PtIICh2para8) II-10

9\. [EMPLOYEES PARTICIPATING IN DISASTER AND CIVIL DEFENSE
PROGRAMS](#PtIICh2para9) II-10

10\. [DRESS-UP TIME/WEARING OF UNIFORMS](#PtIICh2para10) II-10

11\. [ALTERNATIVE WORK SCHEDULES (FLEXIBLE AND COMPRESSED\
WORK SCHEDULES)](#PtIICh2para11) II-11

[**CHAPTER 3.**](#PtIICh3) **ESTABLISHMENT OF WORKWEEKS, TOURS OF DUTY,
AND WORK SCHEDULES FOR EMPLOYEES APPOINTED TO TITLE 38 POSITIONS**

1\. [SCOPE](#PtIICh3para1) II-25

2\. [BASIC WORKWEEK AND OFFICIAL DUTY](#PtIICh3para2) II-25

3\. [HOLIDAYS](#PtIICh3para3) II-27

4\. [ADJUSTABLE WORK HOURS FOR PART-TIME PHYSICIANS](#PtIICh3para4)
II-28

5\. [FLEXIBLE AND COMPRESSED WORK SCHEDULE FOR EMPLOYEES\
IN TITLE 38 POSITIONS](#PtIICh3para5) II-31

\[6. [ALTERNATE WORK SCHEDULES FOR REGISTERED NURSES](#PtIICh3para6)
II-39\]

**CONTENTS**

**PARAGRAPH PAGE**

[**CHAPTER 4.**](#PtIICh4) **ALTERNATIVE WORKPLACE ARRANGEMENTS
(FLEXIPLACE)**

1\. [PURPOSE](#PtIICh4para1) II-41

2\. [POLICIES PROCEDURES](#PtIICh4Para2) II-41

3\. [RESPONSIBILITIES](#PtIICh4para3) II-42

4\. [REFERENCES](#PtIICh4para4) II-43

5\. [DEFINITIONS](#PtIICh4para5) II-43

6\. [TELEWORK CRITERIA](#PtIICh4Para6) II-44

7\. [EVALUATION](#PtIICh4para7) II-50

8\. [TERMINATION](#PtIICh4para8) II-50

**APPENDICES**

II-A. [SAMPLE ALTERNATIVE WORKPLACE TELEWORK AGREEMENT](#PtIIAppB)
II-A-1

II-B. [TELEWORK PROPOSAL - VA FORM 0740a](#PtIIAppB) II-B-1

II-C. [TELEWORK SELF-CERTIFICATION SAFETY CHECKLIST WORK-AT-HOME
-](#PtIIAppC)

[VA FORM
0740b](#PtIIAppC)........................................................................\...................II-C-1

\[II-D. [SAMPLE REQUEST FORM FOR ALTERNATE SCHEDULES -- VA FORM
0870a](#PtIIAppD) II-D-1

II-E. [SAMPLE NOTICE ON THE 9-MONTH WORK SCHEDULE REGARDING
THE](#PtIIAppE)

[IMPACT ON BENEFITS AND OTHER CONDITIONS OF EMPLOYMENT](#PtIIAppE)

[(NEW EMPLOYEE)](#PtIIAppE) II-E-1

II-F. [SAMPLE NOTICE ON 9-MONTH WORK SCHEDULE REGARDING THE
IMPACT](#PtIIAppF)

[ON BENEFITS, PROBATIONARY STATUS AND OTHER CONDITIONS OF](#PtIIAppF)

[EMPLOYMENT -- CONVERSION FROM FULL-TIME TO
PART-TIME/CURRENT](#PtIIAppF)

[PART-TIME TO 9-MONTH WORK SCHEDULE](#PtIIAppF) II-F-1

II-G. [SAMPLE CONSENT FORM FOR APPOINTMENT TO A 9-MONTH/3-MONTH
OFF](#PtIIAppG)

[ALTERNATE WORK SCHEDULE AGREEMENT -- VA FORM 0870b](#PtIIAppG) II-G-1

II-H. [SAMPLE CERTIFICATION OF COMPLIANCES WITH PROVISIONS OF
THE](#PtIIAppH)

[DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE PERSONNEL](#PtIIAppH)

[ENHANCEMENT ACT OF 2004 -- VA FORM 0870c](#PtIIAppH) II-H-1\]

b\. Full-time physicians, dentists, podiatrists, chiropractors, and
optometrists shall be permitted some periods of time free from official
duty to the extent that this does not impair provision of essential
services in patient treatment and care. Each such full day granted shall
be called an "administrative non-duty day." Full-time VA Central Office
and VA outpatient clinic employees will normally perform duty Monday
through Friday of each workweek. The remaining 2 days (Sunday, the first
day of the workweek and Saturday, the last day of the workweek) shall be
designated as the administrative non-duty days of the workweek for
physicians, dentists, podiatrists, chiropractors, and optometrists or
the days off for nurses, nurse anesthetists, PAs and EFDAs. Unusual
circumstances may make it necessary, however, for the Under Secretary
for Health, chief consultants, or facility directors, as appropriate, to
alter these provisions for specific individuals or groups of individuals
in the best interests of the service.

c\. Full-time nurses, nurse anesthetists, PAs, and EFDAs shall be
scheduled in advance for a 40-hour basic workweek in each administrative
workweek, except that full-time nurses and nurse anesthetists on the
\[Alternate Work Schedules such as a 36/40 Work Schedule and the\]
Baylor Plan shall be scheduled in advance \[ \] in each administrative
workweek\[ \].

\[(1) The basic workweek for a registered nurse working a 36/40
Alternate Work Schedule will consist of three regularly scheduled
12-hour tours of duty within an administrative workweek. Under this work
schedule the registered nurse is considered for all purposes to have
worked a full 40 hour basic work week.

\(2\) The basic workweek for a registered nurse working the 9-Month
Alternate Work Schedule will consist of five 8-hour days, exclusive of
the meal period, with 3 months off duty within a fiscal year.

\(3\) The basic workweek for registered nurses working the Baylor Plan
work schedule will consist of two regularly scheduled 12-hour tours of
duty contained entirely within the first and last day of the
administrative workweek (Sunday and Saturday).

\(4\) The normal tour of duty within the 40-hour basic workweek shall
consist of five 8-hour days, exclusive of the meal period. A full-time
nurse or nurse anesthetist shall be placed on an Alternate Work Schedule
only at the beginning of the administrative workweek and taken off at
the end of the administrative workweek.\]

d\. Because of the continuous nature of the services rendered at
hospitals, the facility Director, or designee (in no case less than a
chief of service), has the authority to prescribe any tour of duty to
ensure adequate professional care and treatment to the patient,
consistent with these provisions \[considered the employee\'s
\"Saturday.\" If the holiday falls on the employee\'s \"Sunday,\" the
first workday following that day shall be designated as the employee\'s
day off in lieu of the holiday. If the holiday falls on the employee\'s
\"Saturday,\" the first workday preceding that day shall be designated
as the employee\'s day off in lieu of the holiday. These rules shall
apply whether or not the employee\'s days off actually fall on Saturday
or Sunday\].

e\. In the exercise of the authority to prescribe tours of duty, it will
be the policy to: prescribe individual hours of duty as far in advance
as is possible; schedule the administrative non-duty days or the days
off of each workweek on consecutive days, where possible; arrange for
continuous medical supervision required

by policy in M-2, part I, chapter 4, "Medical Officer of the Day;" and
give each full-time employee every possible consideration in arranging
schedules so long as such consideration is compatible with the
professional obligation to the patients.

f\. Part-time employees perform duty on less than a full-time basis
under a prescheduled regular tour of duty. Such employees may perform
occasional unscheduled duty in addition to the regular tour of duty.
Employees serve on an intermittent duty basis when employed on less than
a full-time basis with no prescheduled regular tour of duty. Timekeeping
practices will reflect the actual hours worked by part-time and
intermittent employees. Facility directors will assure accurate daily
reporting on time and attendance reports of time worked and for which
the employee is entitled to salary.

g\. It is recognized that additional flexibilities pertaining to
prescheduled tours of duty for part-time physicians are needed to
accommodate the unique needs and varying circumstances of health care
facilities. For example, part-time surgeons at active affiliated
facilities with extensive patient care, research, and educational
responsibilities may frequently encounter emergencies and other
unanticipated obligations that require them to depart from their
scheduled tour of duty. Under such circumstances, it is difficult for
management to administratively change or adjust the prescheduled tour
and communicate this to the timekeeper in a timely manner. Adjustable
work hours provide a means for minimizing this problem. After assessing
their particular needs, facility directors may authorize the use of
adjustable work hours for part-time physicians as determined appropriate
and necessary. See paragraph 4 \[ \] for procedures for implementing
adjustable work hours.

**3.** []{#PtIICh3para3 .anchor}**HOLIDAYS.** Employees shall be excused
to the extent possible for observance of the following holidays and
non-workdays designated by Federal Statute or Executive Order: January
1, , the third Monday in January, the third Monday in February, the last
Monday in May, July 4, the first Monday in September, the second Monday
in October, November 11, the fourth Thursday in November, December 25,
and any other calendar day designated as a holiday or non-workday by
Federal Statute or Executive Order. However, notwithstanding the
preceding provisions of this subparagraph, full-time nurses and nurse
anesthetists on the Baylor Plan shall not be entitled to holidays.

a\. **Full-Time Employees (Except Nurses and Nurse Anesthetists on the
Baylor Plan)**

\(1\) For employees whose basic workweek is Monday through Friday,
holidays falling on a Sunday shall be observed the following Monday;
holidays falling on Saturday shall be observed on the preceding Friday;
and all other holidays shall be observed on the day they occur.

\(2\) For employees whose basic workweek is other than Monday through
Friday, the employee's first day off in the calendar week is designated
as the day off in lieu of Sunday and the employee's second day off in
the calendar week is designated as the day off in lieu of Saturday.

\(a\) When a holiday falls on the day designated as a day off in lieu of
Sunday, the employee's next workday shall be the day observed as the
holiday for that employee.

\(3\) **Absence and Leave**

\(a\) **Holidays**

[1]{.underline}. **Full-Time Employees**

[a]{.underline}. When a holiday falls on a workday in the employees'
compressed workweek that workday shall be designated as their holiday.

[b.]{.underline} When a full-time employee on a compressed schedule has
[2]{.underline} non-workdays in the administrative workweek, the first
day off shall be considered the employee\'s \"Sunday\" and the second
day off shall be considered the employee\'s \"Saturday.\" If the holiday
falls on the employee\'s \"Sunday,\" the first workday following that
day shall be designated as the employee\'s day off in lieu of the
holiday. If the holiday falls on the employee\'s \"Saturday,\" the first
workday preceding that day shall be designated as the employee\'s day
off in lieu of the holiday. These rules shall apply whether or not the
employee\'s days off actually fall on Saturday or Sunday.

[c]{.underline}. When a full-time employee on a compressed workweek has
3 days off in the administrative workweek and the holiday falls on one
of these non-workdays, the following rules shall apply:

([1]{.underline}) When the holiday falls on the first or second day off
of the administrative workweek, the following workday should be
designated as the day off in lieu of the holiday.

([2]{.underline}) When the holiday falls on the third day off of the
administrative workweek, the preceding workday shall be designated as
the day off in lieu of the holiday.

[2]{.underline}. **Part-time Employees.** If a holiday falls on a day
during a compressed workweek for part-time employees, and if the
employees are prevented from working, they are entitled to pay for the
number of hours they were scheduled to work that day. Part-time
employees are not entitled to a day off in lieu of the holiday.

[a]{.underline}. **Leave.** Time off from an employee\'s basic work
requirement must be charged to the appropriate leave category unless the
employee is authorized compensatory time off or excused absence.

[b]{.underline}. **Excused and Unexcused Absences.** The amount of
excused or unexcused absence shall be based on the employee\'s
established compressed work schedule in effect for the period of the
absence.

\(4\) **Criteria and Review.** See chapter 2, paragraph 11g(5).

\(5\) **Prohibition of Coercion.** See chapter 2, paragraph 11g(8).

[]{#PtIICh3para6 .anchor}\[**6. ALTERNATE WORK SCHEDULES FOR REGISTERED
NURSES**

a\. **General**. This section provides mandatory hours of duty and leave
policies and procedures related to a 36/40 Work Schedule and the Baylor
Plan and applies to nurses and nurse anesthetists appointed at VA
health-care facilities under 38 U.S.C. 7401(A) or 7405a(1)(A). This
section also provides procedures

related to the 9-Month Work Schedule for certain nurses and nurse
anesthetists appointed under 7405a(1)(A). This section applies to all
such nurses who are providing direct patient care services. The use of
Alternate Work Schedules is authorized by the Secretary in order to
obtain or retain the services of registered nurses at any Department
health-care facility.

b\. **References**

\(1\) 38 U.S.C. 7401(1), 7405a(1)(A) and 7456A.

c\. **Definitions.** The following definitions shall apply:

\(1\) **Administrative Workweek.** A period of seven consecutive
calendar days, which coincide with the calendar week, Sunday through
Saturday.

\(2\) **Alternate Work Schedules for Registered Nurses.**

\(a\) **36/40 Work Schedule.** Three regularly scheduled 12-hour tours
of duty within an administrative workweek that is considered for all
purposes to be a full 40 hour basic workweek.

\(b\) **9-Month Work Schedule.** Nine months full-time with three months
off duty within a fiscal year, paid at 75 percent of the full-time rate
for such nurse's grade and step each bi-weekly pay period of the fiscal
year.

\(c\) **Baylor Plan.** Two regularly scheduled 12-hour tours of duty
contained entirely within the first and last day of the administrative
workweek (Sunday and Saturday).

\(3\) **Basic Work Requirement.** The number of hours during a bi-weekly
pay period, excluding overtime hours which an employee is required to
work or required to account for by taking official leave.

\(4\) **Bi-weekly Pay Period.** The pay period covering two
administrative workweeks.

\(5\) **Overtime Work.** For full-time Alternate Work Schedule employees
the term overtime hours refer to hours of work officially ordered or
approved and performed outside of and in addition to the basic work
requirements.

\(6\) **Nurses.** A registered nurse (RN) or nurse anesthetist appointed
under 38 U.S.C. 7401(1) or

7405a(1)(A), but does not include graduate nurse technicians, nurse
technicians, student nurse technicians, or the Chief Nursing Officer of
the Nursing Services in VA Central Office, who is appointed under 38
U.S.C. 7306.

\(7\) **Tour of Duty.** Under Alternate Work Schedules, an employee's
tour of duty is synonymous with the employee's basic work requirement
set by the authorizing official.

\(8\) **Work Unit.** An entity located in one place with a specific
mission and with homogeneous procedures or technology and headed by a
supervisor or manager authorized to certify the employee\'s

VA Form 4-5631, Time and Attendance Report, or other applicable agency
documents for reporting employees\' work schedules.

d\. **Planning Alternate Work Schedules**. A 36/40, 9-Month, and/or the
Baylor Plan Alternate Work Schedule require advanced planning and
effective employee communication. The positive and negative effects of
such Alternate Work Schedules must be carefully considered. If employees
affected are in an exclusive unit of recognition the employee
involvement will be provided by or coordinated with their exclusively
recognized labor organization (only to the extent that Section 7422 does
not apply). Questions in this regard should be referred to the Labor
Relations staff. A comprehensive analysis of the work requirements in
the work unit and evaluating the potential impact on the three types of
Alternate Work Schedules on the functions of the work unit should be
made. This includes special attention to the following:

\(1\) **Workload Characteristics**

\(a\) Tasks which must be performed within a specific period or
according to a predetermined schedule;

\(b\) How workflow can be adjusted to accommodate a system of a 36/40,
9-Month, or the Baylor Plan work schedules;

\(c\) The coordination required between work units and functions and
employee scheduling;

\(d\) The period of daily or weekly peak workloads where all or most of
the employees in the work unit must be present;

\(e\) The employee coverage required during public service hours; and

\(f\) The effect of such schedules on efficiency and productivity of the
workload.

\(2\) **Criteria to Implement the Alternate Work Schedules for
Registered Nurses**

\(a\) **VA Nurses Who May Request a 36/40 Work Schedule**. All full-time
or part-time registered nurses and nurse anesthetists under 7401(1) and
7405 appointed to title 38 positions are eligible to request a 36/40
Work Schedule authorized by PL 108-445, except the following:

\(1\) Graduate nurse technicians

\(2\) Nurse technicians pending graduation

\(b\) **Justification**: To maximize the recruiting and retention
benefits authorized under PL 108-445 all title 38 RNs except those noted
above may request the 36/40 Work Schedule.

\(c\) **VA Nurses Who May Request a 9-Month Work Schedule**. All
full-time or part-time registered nurses and nurse anesthetists under
7401(1) and 7405 appointed to title 38 positions are eligible to request
a 9-Month Work Schedule authorized by PL 108-445, except the following:

\(1\) Graduate nurse technicians

\(2\) Nurse technicians pending graduation

\(d\) **Justification**: While it is anticipated that the employee will
work 9-months consecutively within a fiscal year, the Facility Director
may approve a non-consecutive work schedule. To maximize the recruiting
and retention benefits authorized under PL 108-445, all title 38 RNs
except those noted above may request a 9-Month Work Schedule.

\(e\) **VA Nurses Who May Request a Baylor Plan Work Schedule**. All
full-time or part-time registered nurses and nurse anesthetists under
7401(1) and 7405 appointed to title 38 positions are eligible to request
the Baylor Plan work schedule authorized by PL 97-251, except the
following:

\(1\) Graduate nurse technicians

\(2\) Nurse technicians pending graduation

\(f\) **Justification**: To maximize the recruiting and retention
benefits authorized under PL 97-251, all title 38 RNs except those noted
above may request the Baylor Plan work schedule.

e\. **Delegation of Authority and Responsibilities.**

\(1\) Directors of field facilities or their designees are authorized to
grant permission for any applicable RN who requests to work one of the
Alternate Work Schedules authorized by Section 4 of PL 108-445 or by PL
97-215 (Baylor Plan).

\(2\) The Facility Director will make the decision based on the
recruiting and retention needs of the unit or facility in general.

\(3\) Supervisors are responsible for assuring that sufficient staff and
personnel specialists are scheduled to be present to carry out
operations in an efficient and economical manner. To meet this
responsibility, supervisors may place restrictions on the shift start
and stop times of individual employees. Supervisors are also responsible
for taking appropriate action if an employee under his or her
jurisdiction fails to meet his or her responsibilities in subparagraph
(4).

\(4\) Registered nurses or nurse anesthetist working under Alternate
Work Schedules are expected to work their full tour of duty. Abuse may
result in termination of an employee\'s Alternate Work Schedule and/or
appropriate disciplinary action.

\(5\) The Director has the option not to establish the work schedule if
it is found that a particular Alternate Work Schedule would have an
adverse impact on the Departments health-care facility.

\(6\) The Director may discontinue the Alternate Work Schedule(s) of the
affected employees if it is determined that a particular Alternate Work
Schedule has an adverse impact on the Departments health-care facility.

f\. **Appointments. N**urses shall only be placed on an Alternate Work
Schedule at the beginning of administrative workweek and taken off at
the end of an administrative workweek.

\(1\) **36/40 Work Schedule**. Nurses on a 36/40 Work Schedule are
considered a 0.90 full-time equivalent employee in computing full-time
equivalent employees for the purposes of determining compliance with
personnel ceilings. The use of this Alternate Work Schedule is
authorized by the Secretary in order to obtain or retain the services of
registered nurses at any Department health-care facility.

\(2\) **9-Month Work Schedule**. Nurses on a 9-Month Work Schedule with
3 months off shall be considered a 0.75 full-time equivalent employee in
computing full-time equivalent employees for the purposes of determining
compliance with personnel ceilings. An appointment under Section 7405,
requires the employee's written consent, to work full-time for nine
months with 3 months off duty, within a fiscal year. The use of this
Alternate Work Schedule is authorized by the Secretary in order to
obtain or retain the services of registered nurses at any Department
health-care facility.

\(3\) **Baylor Plan**. Nurses on the Baylor Plan are considered to be
serving on a full-time basis for all personnel management purposes,
except for the computation of full-time equivalent employees for the
purposes of determining compliance with personnel ceilings. Therefore,
employees serving on less than a full-time basis must be converted to a
full-time appointment in accordance with VA Handbook 5005, upon or
before being placed on the Baylor Plan. When selecting nurses to be
placed on the Baylor Plan, preference shall be given to current
employees appointed under 38 U.S.C. 7401(1). Temporary nurses may only
be used as a last resort in order to obtain adequate nurse staffing.

g\. **Benefits.**

\(1\) Nurses appointed under the Alternate Work Schedule will receive a
written notice of the effect, if any, that the Alternate Work Schedule
will have on the employee's health and life insurance premiums,
retirement, probationary status, or other benefits or condition of
employment. Part-time nurses have no tenure or appeal rights related to
tenure. The notice shall be provided not later than 14 days (work days)
before the employee consents to the Alternate Work Schedule.

\(2\) **36/40 Work Schedule**. Nurses on a 36/40 Work Schedules are
considered to be full-time employees for all purposes related to
benefits.

\(3\) **9-Month Work Schedule**. Nurses on a 9-Month Work Schedule are
considered part-time employees (0.75 full-time equivalent) for purposes
of computing benefits under Chapters 83 and 84 of title 5 and are
considered full-time employees for purposes of Chapter 89.

\(4\) **Baylor Plan**. Nurses on the Baylor Plan are considered to be
serving as a full-time employees for all purposes related to benefits.

h\. **Implementation Procedures.**

\(1\) Nurses requesting the 36/40 Work Schedule or the Baylor Plan must
complete VA Form 0870a, Request for Alternate Work Schedule. The
completed form is to be submitted to the employee's servicing Human
Resources (HR) office.

\(2\) Nurses requesting the 9-Month Work Schedule must complete VA Form
0870a, Request for Alternate Work Schedule and VA Form 0870b, Consent of
Appointment for 9-Month/3-Month Off Alternate Work Schedule. The
completed forms are to be submitted to the employee's servicing HR
office.

\(a\) The employee will initiate the process by completing VA Form
0870a, Request for Alternate Work Schedule. Once this schedule has been
approved, HR will contact the employee and provide them with either the
Notice on the 9-Month Work Schedule Regarding the Impact on Benefits and
Other Conditions of Employees for New Hires **or** the Notice on the 9
Month Work Schedule Regarding the Impact on Benefits, Probationary
Status and Other Conditions of Employment -- Conversion from Full-Time
to Part-Time/Current Part-time to 9-Month Work Schedule, as appropriate.
Employees must be provided a copy of the appropriate Notice at least 14
days (work days) prior to completion and signing of VA Form 0870b,
Consent of Appointment for 9- Month/3-Month Off Alternate Work Schedule.
Employees will be responsible for submitting this form to their
servicing HR office. A copy of the approved VA Form 0870a must be given
to the employee and the original filed on the left side of the
employee's Official Personnel Folder (OPF). HR staff should annotate
that this form should not be removed from the OPF until the employee is
no longer on a 9-Month Work Schedule.

\(b\) A sample copy of the Notices for new hires and conversion to a
9-Month/3-Month Off Work Schedule are respectively located in Appendix E
and F. A copy of the Notice, signed and dated by the employee, should be
filed on the left side of the employee's OPF. HR staff should annotate
that the Notice should not be removed from the OPF until the employee is
no longer on a 9-Month Work Schedule.

\(c\) Although a 9-Month Work Schedule is based on the fiscal year, it
is permissible for an RN to start a 9-Month Work Schedule anytime during
the fiscal year, as long as the effective date is the beginning of a pay
period.

\(d\) Employees approved to work a 9-Month/3-Month Off Alternate Work
Schedules are expected to fulfill their work schedule obligations. The
scheduling of off duty days must have supervisory approval and need to
be made in advance at the time of initial appointment and at the
beginning of each fiscal year thereafter as long as the schedule is in
effect. If an employee receives pay for off- duty days prior to earning
the entitlement and subsequently separates from VA for personal reasons,
(e.g., life event situation, retirement, resignation) or for cause (e.g.
unacceptable performance or conduct), the employee may be subject to
debt collection actions for any salary overpayments. Salary overpayments
will be subtracted from the employee's final pay. Employees who separate
prior to receiving pay for off duty time earned will receive a lump sum
payment of the total pay due upon separation.

i\. **Policy Against Certain Work Hours.** Registered nurses on any work
schedule shall not provide direct patient care in excess of 12
consecutive hours or in excess of 60 hours in any 7-day period, except
in the case of nurses providing emergency care.

j\. **Health Administration Facility Certification**. Public Law 108-445
requires that not later than one year after the enactment of this Act,
and every year thereafter for the next two years, the Secretary of VA
shall submit a report to Congress certifying that each Department
health-care facility has a policy in place that prevents nurses from
providing direct patient care (other than nurses providing emergency
care) from working in excess of 12 consecutive hours or 60 hours in any
7-day period. As such, each VHA Medical Center Director will submit form
"Certification of Compliance with Provisions of Department of Veterans
Affairs Health Care Personnel Enhancement Act of 2004", Appendix H, to
the Office Human Resources Management and Labor Relations, Worklife and
Benefits Service (058) by December 1, commencing in calendar year 2006
and terminating in 2010. This information will be complied for
certification by the

Secretary and an attendant report submitted to Congress by January 5, of
the corresponding calendar year. Each facility should maintain records
in order to ensure that the certification of this policy is easily
accessible for review and compliance. At the discretion of VHA senior
management this certification may be continued at the conclusion of the
mandatory reporting period.

k\. **Time and Attendance Records.** (see chapter 2, paragraph 11f(3))
of this part.

l\. **Computation of Pay for Registered Nurses on Alternate Work
Schedules.** Policies concerning pay administration for nurses on
Alternate Work Schedules such as a 36/40, 9-Month and the Baylor Plan
are contained in VA Handbook 5007, Pay Administration.

m\. **Computation of Additional Pay for Registered Nurses on the
Alternate Work Schedules.** Policies concerning pay administration for
nurses on Alternate Work Schedules such as a 36/40,

9-Month and the Baylor Plan are contained in VA Handbook 5007, Pay
Administration.

n\. **Overtime Hours.** Paragraph 6(c) of this chapter contains a
definition of overtime hours for employees on Alternate Work Schedules.
Such employees, however, are also eligible for call-back overtime if
they meet the conditions outlined in VA Handbook 5007. To ensure the
continuity of patient care services, and [only when
necessary]{.underline}, management can require mandatory overtime. For
nurses working under the Alternate Work Schedule, overtime means:

\(1\) **36/40 Work Schedule**. A registered nurse is entitled to
overtime pay for performing officially ordered or approved overtime
services as follows:

\(a\) Service in excess of 36-hour tour of duty within a 40 hour
administrative workweek.

\(b\) Service in excess of 12 hour for any day included in the nurse's
regularly scheduled 36-hour tour of duty.

\(c\) Service in excess of 8 hours on a day other than a day the nurse
is regularly scheduled to work a 12-hour tour of duty.

\(d\) Service in excess of 40 hours during an administrative workweek.

\(2\) **9-Month Work Schedule**. Registered nurse is entitled to
overtime pay for performing officially ordered or approved overtime
service as follows, regardless of whether it is performed during the

9-month duty period or the 3-month off duty period:

\(a\) Service in excess of 40 hours in an administrative workweek.

\(b\) Service in excess of 8 hours in a day. For nurses on Alternate
Work Schedules, overtime pay is payable for service performed in excess
of the employee's daily workweek.

\(3\) **Baylor Plan**. A nurse on the Baylor Plan is entitled to
overtime pay under 38 U.S.C. 7453(e) or (i) for performing officially
ordered and approved overtime service as follows:

\(a\) Service in excess of 24 hours on the weekend.

\(b\) Service in excess of 8 hours on a day other than Saturday or
Sunday.

\(c\) All or part of actual service performed in excess of 40 hours in
an administrative workweek, provided such payments were officially
authorized. NOTE: *Hours of duty during the basic workweek shall be
credited on an hour-for-hour basis when computing the amount of service
performed during the administrative workweek.*

o\. **Additional Pay.** Policies concerning pay administration for
registered nurses on Alternate Work Schedules such as a 36/40, 9-Month
and the Baylor Plan are contained in VA Handbook 5007, Pay
Administration. This includes tour differential, weekend pay, holiday,
and on-call pay.

p\. **Absence and Leave**

\(1\) **36/40 Work Schedule**. For nurses on a 36/40 Work Schedule, time
off on approved sick leave or annual leave during a regularly scheduled
12-hour tour of duty should be charged for such leave at a rate of ten
hours of leave for every nine hours of absence (charged 1.111 for each
hour).

\(2\) **9-Month Work Schedule**. For nurses on a 9-Month Work Schedule,
time off on approved sick leave or annual leave during a regularly
scheduled tour of duty should be charged one hour for each hour of sick
or annual leave taken.

\(3\) **Baylor Plan**. Nurses on the Baylor Plan shall be charged 1.667
hours of approved sick leave or annual leave for each hour of sick or
annual leave taken. Leave shall be charged only for absences from the
basic workweek.

q\. **Holidays.** (See part III, chapter 3, paragraph 8(a)(b)). *An
in-lieu non-workday shall not be authorized for a nurse, nurse
anesthetist, PA or EFDA who works on a holiday or the day designated as
a holiday.*

r\. **Excused and Unexcused Absences.** On a 36/40 and the Baylor Plan
Alternate Work Schedule, the hours unavailable during the expected tour
of duty shall be used to determine the amount of excused or unexcused
absence to be granted and/or charged (1.111 leave per hour for
36/40-hour work schedule and

1.667 leave per hour for the Baylor Plan). On the 9-Month Alternate Work
Schedule, the employee\'s selected shift start and stop time shall be
used unless the employee has actually reported for work. In the latter
instance, the actual time the employee reports and his or her basic work
requirement for that day, shall be used in making the determination.

s\. **Prohibition of Coercion.** See chapter 2, paragraph 11g(8).\]

[]{#PtIIAppD .anchor}![](media/image1.png){width="6.995833333333334in"
height="9.075in"}

[]{#PtIIAppE .anchor}Date:

From: Chief, Human Resources Management Service (05)

Subject: Notice on the 9-Month Work Schedule Regarding the Impact on
Benefits and Other Conditions of Employment (New Employee)

To: (Name of Employee), RN ( )

As a new employee who has elected the 9-Month Work Schedule under Title
38, Section 7456A(d) you are considered to be a part-time employee (0.75
full-time equivalent). As such, your conditions of employment at this
Medical Center are as follows:

1\. Tenure: Appointments under 38 U.S.C. 7405(a)(1) do not provide
employees with job retention rights, grievance rights or appeal rights
as it relates to separation. As a part-time employee you are employed at
the will of the agency and your employment may be terminated from the
Medical Center at any time without advance notice.

2\. Retirement: Your annuity will be prorated based on the fraction that
your part-time service bears to full-time service.

3\. Leave: Sick leave accrues at the rate of 1 hour for each 20 hours in
a pay status with no limitation on the amount which may be carried over
to the next leave year. Annual leave accrues for part-time employees at
the rate of 1 hour for each 10 hours in a pay status with a maximum
carryover of 240 hours at the end of a leave year.

4\. Health Benefits: You are entitled to the same health benefits as a
full-time employee and your health insurance premiums will be computed
at the full-time rate.

5\. Life Insurance: You if may elect basic life insurance. Your basic
life insurance benefit will be based according to your annual rate of
basic pay, with a minimum benefit of \$10,000 if your annual pay is
\$8,000 or less. If you have elect additional optional insurance, your
benefit is based on your annual rate of basic pay. The premiums for
basic and additional optional insurance will be based according to your
annual basic pay. Standard optional and family optional insurance
benefits and premiums will remain the same.

6\. Thrift Savings Plan (TSP): You may contribute to TSP, up to the
Internal Revenue Service elective deferral limits. Employees who are
under the Federal Employees Retirement System (FERS) will receive an
agency automatic 1% contribution and agency matching contributions,
which will be based on your part-time annual salary.

7\. Service Commitment: During your employment on a 9-Month/3-Month Off
Alternate Work Schedule, you are expected to complete a specified period
of service during the fiscal year. The

scheduling of off duty days must have supervisory approval and need to
be made in advance at the time of initial appointment and at the
beginning of each fiscal year thereafter as long as the schedule is in
effect. If you separate from VA for personal reasons or cause (e.g. life
event situation, retirement, resignation, removal due to unacceptable
performance or conduct), you may be indebted for any pay received in
excess of the amount to which you are entitled. By signing this notice
you agree that any outstanding overpayment of salary will be offset from
your final paycheck, and such offset may occur without prior
notification. You will receive such notification, including your right
to dispute the debt or request waiver, at the time of offset or as soon
thereafter as possible. If you separate prior to receiving earned
payments for periods of off duty time, you will receive any payments due
in lump-sum upon separation.

Upon review of this notice, please sign and date the attached notice of
acknowledgement and return it the Human Resources office.

To: Chief, Human Resources Management Service (05)

I understand that my appointment under the 9-Month Work Schedule is
considered to be part-time and will provide me with reduced employee
rights, benefits and salary. Appointments under 38 U.S.C. 7405(a)(1) do
not provide employees with job retention rights, grievance rights or
appeal rights as it relates to separation. As a part-time employee I am
employed at the will of the agency and my employment may be terminated
from the Medical Center at any time without advance notice.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature Date

[]{#PtIIAppF .anchor}Date:

From: Chief, Human Resources Management Service (05)

Subject: Notice on 9-Month Work Schedule Regarding the Impact on
Benefits, Probationary Status and

Other Conditions of Employment -- Conversion from Full-time to
Part-time/Current Part-time

to 9-Month Work Schedule

To: (Name of Employee), RN ( )

Upon conversion to a 9-Month Work Schedule under Title 38, Section
7456A(d) you are considered to be a part-time employee (0.75 full-time
equivalent). Your conversion from permanent full-time under 38 U.S.C
7401(1) to part-time employment under 38 U.S.C. 7405(a)(1) will change
the conditions of your employment at this Medical Center in the
following manner:

1\. Tenure: Appointments under 38 U.S.C. 7405(a)(1) do not provide
employees with job retention rights, grievance rights or appeal rights
as it relates to separation. As a part-time employee you are employed at
the will of the agency and your employment may be terminated from the
Medical Center at any time without advance notice.

2\. Probationary Status: If you were serving a probationary period at
the time of conversion, the probationary period ceases. The period of
time completed under the probationary period is frozen on the date of
conversion to part-time status. If you return to a full-time appointment
under 38 U.S.C 7401(1) you will resume completion of your remaining
probationary period.

3\. Retirement: Your annuity will be prorated based on the fraction that
your part-time service bears to full-time service.

4\. Leave: Sick leave accrues at the rate of 1 hour for each 20 hours in
a pay status with no limitation on the amount which may be carried over
to the next leave year. Annual leave accrues for part-time employees at
the rate of 1 hour for each 10 hours in a pay status with a maximum
carryover of 240 hours at the end of a leave year.

5\. Health Benefits: You are entitled to the same health benefits you
enjoyed as a full-time employee and your health insurance premiums will
be computed at the full-time rate.

6\. Life Insurance: If you elected basic life insurance, your benefit
will be decreased according to your annual rate of basic pay, with a
minimum benefit of \$10,000 if your annual pay is \$8,000 or less. If
you have elected additional optional insurance, your benefit is
decreased in proportion to the new annual rate of basic pay, with no
minimum benefit. The premiums for basic and additional optional
insurance will be adjusted according to the decreased benefit. Standard
optional and family optional insurance benefits and premiums will remain
the same.

7\. Thrift Savings Plan (TSP): You may contribute to TSP up to the
Internal Revenue Service elective deferral limit. Employees who are
under the Federal Employees Retirement System (FERS) will receive

an agency automatic 1% contribution and agency matching contributions.
The agency automatic 1% contributions will be based on your new reduced
annual salary.

8\. Service Commitment: During your employment on a 9-Month/3-Month Off
Alternate Work Schedule, you are expected to complete a specified period
of service during the fiscal year. The scheduling of off duty days must
have supervisory approval and need to be made in advance at the time of
initial appointment and at the beginning of each fiscal year thereafter
as long as the schedule is in effect. If you separate from VA for
personal reasons or cause (e.g. life event situation, retirement,
resignation, removal due to unacceptable performance or conduct), you
may be indebted for any pay received in excess of the amount to which
you are entitled. By signing this notice you agree that any outstanding
overpayment of salary will be offset from your final paycheck, and such
offset may occur without prior notification. You will receive such
notification, including your right to dispute the debt or request
waiver, at the time of offset or as soon thereafter as possible. If you
separate prior to receiving earned payments for periods of off duty
time, you will receive any payments due in lump-sum upon separation.

Upon review of this notice, please sign and date the attached notice of
acknowledgement and return it the Human Resources office.

To: Chief, Human Resources Management Service (05)

I understand that my conversion to part-time employment under 38 USC
7405(a) (1) from full-time permanent under 38 USC 7401(1) will provide
me with reduced employee rights, benefits and salary. Appointments under
38 U.S.C. 7405(a) (1) do not provide employees with job retention
rights, grievance rights or appeal rights as it relates to separation.
As a part-time employee I am employed at the will of the agency and my
employment may be terminated from the Medical Center at any time without
advance notice.

I hereby voluntarily, knowingly and without coercion or undue influence,
waive my rights and benefits under 38 USC 7401(1) and accept conversion
to part-time employment under 38 USC 7405(a) (1) effective
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature Date

[]{#PtIIAppG .anchor}![](media/image2.png){width="6.995833333333334in"
height="9.075in"}

[]{#PtIIAppH .anchor}![](media/image3.png){width="6.995833333333334in"
height="9.075in"}

b\. **Leave Charges**

> \(1\) The minimum charge for leave shall be 1 day and multiples
> thereof for full-time physicians, dentists, podiatrists,
> chiropractors, and optometrists and a quarter hour (15 minutes) or
> multiples thereof for nurses, nurse anesthetists, PAs, EFDAs and
> part-time physicians, dentists, podiatrists, chiropractors, and
> optometrists.
>
> \(2\) Holidays and in-lieu days granted thereof will not be charged to
> leave.

**4. ANNUAL LEAVE**

a\. **Annual Leave.** The granting of annual leave shall be a matter of
administrative discretion as to when and in what amount it may be
authorized. Requests for annual leave shall be acted upon in the light
of essential medical services and with due regard to the welfare and
preferences of individual employees. Employees should be encouraged to
take annual leave for at least 2 consecutive weeks each year for
purposes of rest and relaxation.

b\. **Charging Annual Leave**

\(1\) **Full-Time Nurses, Nurse Anesthetists, PAs, EFDAs and Part-Time
Employees.** The minimum charge of annual leave for these employees is
one quarter hour (15 minutes) and multiples thereof (see subparagraph
(2) for the formula for computing leave for full time nurses and nurse
anesthetists on the Baylor Plan). When leave is charged because of
absence from duty or tardiness, the employee will not be required to
work during the period covered by the leave.

\(2\) **Full-Time Nurses and Nurse Anesthetists on the Baylor Plan.**
Such nurses and nurse anesthetists shall be charged 1.667 hours of
annual leave for each hour of annual leave taken. Leave shall be charged
only for absences from the basic workweek. (For the definition of basic
workweek for these employees, see paragraph 2d of chapter 3, part II).

\(3\) **Full Time** \[**Nurses and Nurse Anesthetists on 36/40 Work
Schedule**. Such nurses and nurse anesthetists shall be charged leave at
a rate of ten hours of leave for every nine hours of absence (charged
1.111 for each hour). Leave shall be charged only for absences from the
basis workweek\].

\[(4)\] **Full-Time Physicians, Dentists, Podiatrists, Chiropractors,
and Optometrists**

\(a\) **Minimum Charge.** The charge of annual leave for these employees
is 1 calendar day. Charges for leave in excess of 1 day will be in
multiples of 1 calendar day. When a scheduled day's work extends over
portions of 2 calendar days, leave will be charged for the day on which
the greater part of the day's work falls, or for the first day when the
day's work is equally divided between 2 calendar days.

\(b\) **Administrative Nonduty Days.** Although subject to duty 24/7,
employees in this category may be granted scheduled days off during the
administrative workweek. Employees are not charged annual leave on those
administrative nonduty days.

for a part of a day is involved, paragraph 11b is appropriate as a guide
in determining the charge to leave for excessive absence by an employee
who travels by privately owned conveyance for the individual's
convenience.

\(2\) Travel time used to transfer from one facility to another, when
the transfer is arranged for reasons other than for the convenience of
the Government, will be charged to annual leave or to leave without pay
when annual leave is not available.

g\. **Involuntary Leave.** Employees may be placed on involuntary annual
leave when the needs of the service dictate. When an employee reasonably
may not be regarded as ready, willing and able to work, the employee may
be placed on involuntary annual leave or in a leave without pay status,
as the employee's leave account and the circumstances may require.

h\. **Voluntary Leave Transfer Program.** See paragraph 19 of chapter 2,
this part.

**5. SICK LEAVE**

a\. **Sick Leave.** Sick leave shall be granted to employees when they
are incapacitated for the performance of their duties because of
personal illness, disease, injury, pregnancy and confinement, for
necessary medical, dental or optical examination or treatment, or when a
member of the immediate family of the employee is afflicted with a
contagious disease and requires the care and attendance of the employee;
or when through exposure to contagious disease the presence of the
employee at the post of duty would jeopardize the health of others.

b\. **Charging Sick Leave**

\(1\) The minimum sick leave charge for full-time physicians, dentists,
podiatrists, chiropractors, and optometrists is 1 calendar day and
multiples thereof. When a scheduled day\'s work extends over portions of
2 calendar days, sick leave will be charged for the day on which the
greater part of the day\'s work falls, or for the first day when the
day\'s work is equally divided between 2 calendar days. No charge to
sick leave will be made for absence of these employees on administrative
nonduty days.

\(2\) Except as provided in subparagraph (3), the minimum sick leave
charge for full-time nurses, nurse anesthetists, PAs, and EFDAs and
part-time employees is one quarter hour (15 minutes) and multiples
thereof. Sick leave for these employees will be charged as approved and
used.

\(3\) Full-time nurses and nurse anesthetists on the Baylor Plan shall
be charged 1.667 hours of sick leave for each hour of sick leave taken.
\[Full-time nurses and nurse anesthetists on a 36/40 Work Schedule shall
be charged 1.111 hours of sick leave for each hour of sick leave
taken.\] Leave shall be charged only for absences from the basic
workweek.

\(4\) Medical and dental residents covered by disbursement agreements
shall be granted sick leave in accordance with those agreements.

\(b\) Sick leave shall accrue for full-time physicians, dentists,
podiatrists, chiropractors, and optometrists at the rate of 13 days per
leave year.

\(2\) **Full-Time Nurses, Nurse Anesthetists, PAs and EFDAs**

\(a\) Annual leave shall accrue for full-time nurses, nurse
anesthetists, PAs and EFDAs at the rate of 8 hours for each full
biweekly pay period.

\(b\) Sick leave shall accrue for full-time nurses, nurse anesthetists,
PAs and EFDAs at the rate of 4 hours for each full biweekly pay period.

\(3\) **Part-Time Employees**

\(a\) Annual leave shall accrue for part-time employees at rate of 1
hour for each 10 hours in a pay status.

\(b\) Sick leave shall accrue for part-time employees at the rate of 1
hour for each 20 hours in a pay status.

\(c\) Hours in a pay status which do not equal the number necessary for
a minimum annual or sick leave credit of 1 hour for part-time employees
will be carried forward and combined with subsequent pay status hours.

e\. **Reduction of Leave Accruals**

\(1\) **Full-Time Physicians, Dentists, Podiatrists, Chiropractors, and
Optometrists**

\(a\) Annual leave accruals for full-time physicians, dentists,
podiatrists, chiropractors, and optometrists shall be reduced when the
individual has had \[12 or more calendar days\] of absence without pay
in a leave year. This reduction shall be at the rate of 1 day for each
full \[12-calendar-day\] period.

\(b\) Sick leave accruals for full-time physicians, dentists,
podiatrists, chiropractors, and optometrists shall be reduced when the
individual has had \[24 or more calendar days\] of absence without pay
in a leave year. This reduction shall be at the rate of 1 day for each
full \[24-calendar-day\] period.

\(2\) **Full-Time Nurses, Nurse Anesthetists, PAs and EFDAs.** A
full-time nurse, nurse anesthetist, PA or EFDA who is in a nonpay status
for the entire leave year shall not earn leave for the year. Leave
accruals shall be reduced for a nonpay status of 80 hours or more in a
leave year. This reduction shall be at the rate of 8 hours of annual
leave and 4 hours of sick leave for each 80 hours in a nonpay status.
**NOTE:** *In making this computation each hour a full-time nurse or
nurse anesthetist on the Baylor Plan is in a nonpay status shall be
considered to be 1.667 hours \[and on a 36/40 Work Schedule shall be
considered to be 1.111 hours\].* For this purpose, included shall be all
hours in a nonpay status (other than nonpay status during a fractional
pay period when no leave accrues) while the individual is on

the rolls during the leave year in which the leave accrues; excluded
shall be a period