**HOURS OF DUTY AND LEAVE**

**1. REASON FOR ISSUE:** To revise Department of Veterans Affairs (VA)
policy regarding hours of duty and leave.

**2. SUMMARY OF CONTENTS/MAJOR CHANGES:** This change establishes
mandatory policies related to hours of duty and leave. The revised
change are effective at the beginning of the first full pay period that
commences on or after 120 days from the date of certification, and will
be incorporated into the [Office of Human Resources Management and Labor
Relations Web site](http://vaww.va.gov/ohrm). Significant changes
include new procedures for scheduling the work of Veterans Health
Administration employees in occupations listed in section 7401(1) of
title 38, United States Code, to provide that management officials must
establish work schedules in advance of the administrative workweek based
on patient care and other work requirements. Such procedures already
apply to employees in occupations listed under section 7401(3) of title
38, United States Code, and to General Schedule and Federal Wage System
employees appointed under title 5, United States Code.

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

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

**5. RESCISSIONS:** None

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

**OF VETERANS AFFAIRS:**

/s/Robert T. Howard /s/R. Allen Pittman

Senior Advisor to the Deputy Secretary Assistant Secretary for

Supervisor, Office Information and Human Resources and Administration

Technology

ELECTRONIC DISTRIBUTION ONLY

**HOURS OF DUTY AND LEAVE**

PART I. GENERAL PROVISIONS

**1.** **PURPOSE.** This handbook contains instructions and mandatory
procedures for Department of Veterans Affairs (VA) policy on the
establishment of duty schedules and the administration of leave systems
within VA. It is applicable to most VA employees, except for the
following:

a\. Purchase and hire employees; however, they are subject to the
provisions of 5 U.S.C. 5544(a), relating to overtime.

b\. Veterans Canteen Service employees appointed under authority of 38
U.S.C. ch. 77; they are subject to leave provisions of 5 U.S.C. ch. 63,
but their leave policies are published in VCS-1, \"Veterans Canteen
Service Operating Procedures.\"

c\. Hospital administration residents are excluded by the provisions of
5 U.S.C. 6101(a)(1) and 5541(2)(v).

d\. Employees for whom no regular tour of duty has been established for
each administrative workweek are not covered by any leave system.

e\. Persons employed on an intermittent basis, per annum fee basis, or
lump-sum fee basis, under authority of 38 U.S.C. 7405 are paid for
actual service rendered and therefore their duty schedules shall be
determined by procedural requirements issued by the Under Secretary for
Health. Such employees are not entitled to leave benefits.

**2.** **REFERENCES**

a\. 5 U.S.C. chs. 51, 55, 61, and 63.

b\. 38 U.S.C. chs. 73 and 74.

c\. 38 U.S.C. \[501(a), 512(a), and\] 7421.

d\. Executive Order 10358, as amended.

e\. 5 CFR parts 61 and 63.

f\. VA Handbook\[s 5005 and\] 5007.

g\. MP-4, part II and VHA Supplement, MP-4, part II.

h\. VA Manual M-8, Parts II, III and IV.

**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\. \[**Intermittent Employment.** This term refers to the employment of
an individual under the provisions of 38 U.S.C. 7405 (a)(1)(A) on an
intermittent basis\].

h\. \[**Irregular or Occasional Overtime Work.** Overtime work that is
not regularly scheduled\].

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

j\. \[**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\].

k\. \[**Part-Time Employee.** An employee who performs a regular tour of
duty on less than a full-time basis. Such an employee may be required to
perform duty on an unscheduled basis in addition to the regularly
scheduled tour of duty. Part-time physicians appointed under 38 U.S.C.
7405(a)(1)(A) may also be placed on Adjustable Work Hours ([see Part II,
Appendix I)\].]{.mark}

l\. \[**Regular Overtime Work.** Any work qualifying as overtime work
that is regularly scheduled in advance of the administrative workweek in
which it occurs.

m\. **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).*

\[n. **VA Work.** For guidance on determining whether the activities of
VHA health care professionals constitute VA work, see chapter 3,
paragraph 2g, of this part.\]

## **CONTENTS**

**PARAGRAPH PAGE**

[**CHAPTER 4.**](#PtIICh4) **ALTERNATIVE WORKPLACE ARRANGE**M**ENTS
(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

\[II-I. [PRESCHEDULED PART-TIME TOURS AND THE UTILIZATION OF\
ADJUSTABLE WORK HOURS (TITLE 38)](#AppIII) II-I-1

II-J. [MEMORANDUM OF SERVICE LEVEL EXPECTATIONS FOR
PART-TIME](#appendix-j.-memorandum-of-service-level-expectations-for)

[PHYSICIANS ON ADJUSTABLE WORK
HOURS](#appendix-j.-memorandum-of-service-level-expectations-for) II-J-1

II-K. [WORKSHEET FOR DETERMINING PERCENTAGES ON MEMORANDUM OF](#AppIIK)

[SERVICE LEVEL](#AppIIK) II-K-1\]

\(1\) Except as indicated, employees shall be granted a reasonable
amount of time within their tours of duty to change into or out of
uniform. In situations involving successive shifts requiring continuity
of service and exchange of information and instructions between
employees, overlapping hours of duty shall be provided to the extent
feasible so as to facilitate apportionment of time for purposes of
changing into or out of uniforms within the prescribed tour of duty. In
all such cases, tours of duty shall be so established as to assure that
all full-time employees will be scheduled for a 40-hour basic workweek
each calendar week.

\(2\) If administrative necessity requires the changing into and out of
uniform outside the employees\' tours of duty, adequate additional time
shall be officially scheduled for the employees before and after their
regular tours of duty for such purpose. These scheduled periods of time
shall be compensated under regulations pertinent to overtime pay, when
appropriate.

d\. As a convenience for employees permitted to wear their uniforms to
and from work, facilities should be made available for those who prefer
to change at the facility.

# 

# 11. ALTERNATIVE WORK SCHEDULES (FLEXIBLE AND COMPRESSED WORK SCHEDULES)

a\. **General.** This chapter implements Department of Veterans Affairs
(VA) policies and procedures concerning flexible and compressed work
schedules. It applies to employees under the General Schedule, members
of the Senior Executive Service (SES), non-U.S. citizen employees
outside the United States, and unless excepted under subparagraph b(2),
employees compensated under the Federal Wage System and employees
appointed under "hybrid" 38 United States Code (U.S.C.) 7401(3) and 7405
(a)(1)(B) appointments, such as physical therapists and registered
respiratory therapists, nurses, nurse anesthetists, physician assistants
and expanded-function dental auxiliaries. This paragraph does not apply
to:

\(1\) Veterans Health Administration employees appointed under chapter
73 or chapter 74, title 38, U.S.C., except as noted in the preceding
subparagraph.

**NOTE:** *VA policies on flexible and compressed schedules for nurses,
nurse anesthetists, physician assistants and expanded function dental
auxiliaries are contained in chapter 3 of this part. VA policies on
compressed schedules for physicians, dentists, podiatrists,
chiropractors, and optometrists, as well as the \[Chief Nursing
Officer\] who is appointed under 38 U.S.C. 7306, are also contained in
chapter 3, this part.*

\(2\) Veterans Canteen Service employees appointed under 38 U.S.C. ch.
78.

\(3\) Purchase and hire employees appointed under Schedule A, 5 CFR part
213.

\(4\) Employees compensated under the Executive Schedule (5 U.S.C. ch.
53).

**CHAPTER 3. ESTABLISHMENT OF WORKWEEKS, TOURS OF DUTY, AND**

######## **WORK SCHEDULES FOR EMPLOYEES APPOINTED TO TITLE 38 POSITIONS**

**1.** **SCOPE**

a**.** \[**Coverage.**\] This chapter contains basic policies and
instructions governing duty for full-\[time,\] part-time\[, intermittent
and fee basis\] physicians, dentists, podiatrists, chiropractors,
optometrists, nurses, nurse anesthetists, physician assistants (PAs),
and expanded-function dental auxiliaries (EFDAs) appointed under
authority of 38 U.S.C., chapter 73 and 74.

b\. \[**Covered employees.**\] Except as otherwise indicated in part
III, chapter 3, paragraph 13 of this handbook, hours of duty provisions
for full-time physicians and dentists contained in this chapter are
applicable to full-time residents appointed under authority of 38 U.S.C.
7406. The term "resident" as used in this paragraph refers to medical
and dental residents. As used in this chapter, any reference to
"nurse(s)" includes nurse anesthetist but does not include the \[Chief
Nursing Officer, Office of Nursing Services\]; and "employee(s)"
includes those personnel indicated in subparagraph a above (both
full-time and part-time, unless otherwise specified). \[ \]

c\. \[**Excluded Employees.** This chapter does not apply to employees
in occupations other than those indicated in subparagraph a above , and
who are appointed under authority of 38 U.S.C. chapter 73 and 74,
including employees appointed under 38 U.S.C. 7306 and title 38 hybrid
employees appointed to positions listed in 38 U.S.C. 7401(3)\].

d\. \[**Intermittent and Fee Basis Employment.**\] Persons employed on
an intermittent basis, per annum fee basis, or lump-sum fee basis, under
authority of 38 U.S.C. 7405 are paid for actual service rendered and
therefore their duty schedules shall be determined by procedural
requirements issued by the Under Secretary for Health.

**2. BASIC WORKWEEK AND OFFICIAL DUTY**

a\. \[**Basic Workweek.**\] Unless otherwise indicated, the \"basic
workweek\" for full-time employees shall be 40 hours in length. The
normal tour of duty within the 40-hour basic workweek shall consist of
five 8-hour days, exclusive of the meal period. Directors of field
facilities, or their designees, are authorized to fix the hours of duty
constituting the normal tours of duty within the 40-hour basic workweek.
Full-time physicians, dentists, podiatrists, chiropractors, and
optometrists to whom the provisions of this chapter 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. \[However, full-time nurses and nurse anesthetists on
the Baylor Plan shall be scheduled in advance for a 24-hour basic
workweek in each administrative workweek. The basic workweek for nurses
on the Baylor Plan shall consist of two regularly scheduled 12-hour
tours of duty contained entirely within the first and last day of the
administrative workweek, Sunday and Saturday.\]

b\. \[**Administrative and Non-Duty Days and Days Off**.\] Full-time
physicians, dentists, podiatrists, chiropractors, and optometrists shall
be permitted two days each administrative workweek that are 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\. \[**Establishment of Regularly Scheduled Administrative Workweeks**.

\(1\) When the official responsible for work scheduling knows in advance
of an administrative workweek that the specific days and/or hours of a
day actually required of an employee in that administrative workweek
will differ from those required in the current administrative workweek,
that official shall reschedule the employee's regularly scheduled
administrative workweek to correspond with those specific days and
hours. The official shall inform the employee of the change and shall be
responsible for ensuring that the change is recorded on the employee's
time card or its electronic equivalent.

\(2\) In the exercise of this authority, officials shall prescribe
individual hours of duty and changes to such hours as far in advance as
possible. Such officials are also to give employees consideration in
arranging schedules so long as such consideration is compatible with VA
work requirements.\]

\(3\) 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.

\[(a)\] 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.

\[(b)\] 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.

\[(c)\] 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).

\[(d)\] 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\. \[**Patient Care Requirements.**\] 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. \[This
includes the obligation to arrange for continuous medical supervision
required by policy in M-2, part I, chapter 4, "Medical Officer of the
Day."\]

e\. \[**Tours of Duty for Part-Time and Intermittent Employees.** Except
as provided in paragraph f below, part-time employees perform duty on
less than a full-time basis and have a regularly scheduled tour of duty
that is less than 80 hours in a biweekly pay period. Such employees may
perform occasional unscheduled duty in addition to the regular tour of
duty. Employees serve on an intermittent duty basis when employed on
less than a full-time basis and have no prescheduled regular tour of
duty.\]

f\. \[**Adjustable Work Hours for Part-Time Physicians.** This is a
program to accommodate varying VA patient care needs and part-time VA
physicians who have VA or non-VA patient care, research, or educational
responsibilities that make adherence to the same regularly scheduled
tour of duty every pay period difficult. Part-time physicians with fixed
work requirements and those who do not routinely need to adjust their
tours are not to be placed on adjustable work hours. Adjustable tours
would be appropriate, for example, for part-time physicians at active
affiliated facilities with extensive patient care,

research, and educational responsibilities who frequently encounter
emergencies and other unanticipated obligations that prevent them from
maintaining a regularly 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 using the procedures in
Appendixes I and J to this chapter.\]

g. \[**Guidance on Determining Whether Activities of Health Care
Professionals Constitute VA Work**

\(1\) Principles

\(a\) The statutory missions of VHA include patient care, research and
education, and supporting these broad missions entail a variety of
different work activities. The primary focus is patient care; however,
research, education, and administrative activities also contribute to
increasing the quality of care provided to veterans. Positions covered
by this chapter are to be supported by appropriate staffing guidelines.
Officials approving tours of duty are responsible for structuring tours
of duty based on these allocations and for ensuring that employees meet
their patient care and other VA work requirements. Off site patient
care, research, academic, or administrative activities must also be
directly related to VA's mission and approved by the facility Director
or designee and properly documented. For examples, see paragraph 2g(3)
below.

\(b\) Guidance in this handbook applies to all health care professionals
whether employed in full-time or part-time status. VHA employees must be
in a leave status or outside their regular tours of duty when

generating money or benefits for themselves such as receiving pay or
other benefits from a non-VA entity. VHA employees are also legally
barred from billing Medicare, Medicaid, or CHAMPUS for services not
related to the performance of their official duties while on VA duty.

\(c\) Prior to engaging in scarce medical specialist contracts or
sharing agreements, VHA employees, especially those who have
appointments with an affiliated university that provides services or
resources to VA, should first consult with the Regional Counsel to
ensure that their participation in such contracts or agreements do not
result in a conflict of interest or prohibited salary supplementation.

\(2\) Physicians and Others Working in Academic Settings

\(a\) For over 50 years VA has used attending physician-resident and
physician teams as the predominant care providers in VA facilities
affiliated with academic medical centers. The affiliation relationship
as defined in Policy Memorandum No. 2. (January 30, 1946) and applicable
VHA policy defines the parameters of this relationship. These documents
serve as the basis for approving any off-site activities in support of
VA's role in the affiliation. Frequently, attending physicians are
employed part-time both by the academic affiliate and VA. However, VA
work must be solely supported by VA, while work for the affiliate must
be distinct and separately accounted for by the affiliate.

\(b\) To support the accreditation of VA training experiences, full-time
VA physicians and other VA professionals may hold faculty appointments
at affiliates. The duties of these individuals, whether full-time or
part-time VA, will involve providing care to VA patients, but may also
involve administrative, academic, and research activities in support of
VA.

\(c\) Academic work performed at VA's request and paid for by VA must be
distinguished from work for the affiliate. This distinction and
accounting for VA time requires the collaboration between the affiliate
and the local VA Clinical work at VA and at the affiliate must be
carefully considered. Income-generating professional activities are
allowable only outside of regular tours of duty or in a leave status.
This is particularly important in situations where time at the affiliate
has been approved as part of professional VA duties. While on VA duty
status at the affiliate, professionals must take care to avoid any
income-generating activities. Professionals who provide services both as
employees and under sharing agreements should obtain guidance from their
Regional Counsel.

\(3\) Examples. VA managers are responsible for assigning work, and for
ensuring VA employees are performing work that supports VA's missions.
VA work can consist of veteran patient care, research, educational or
administrative work performed either at the VA Medical Center or
off-site. Off-site work must be directly related to VA's mission and
approved by the Director or designee. The list below includes examples
of on-site and off-site work, but is not inclusive.

\(a\) On-Site**:** (VA grounds)

[1]{.underline}. Clinical. Clinical duties involve providing and/or
supervising patient services at VA, clinical teaching at VA related to
the care of VA patients, providing patient care at an outpatient clinic,
or participating in interdisciplinary patient care conferences at VA.
For example, patient evaluation, invasive procedures, consultation,
attending rounds, journal club, follow-up calls, clinical documentation,
care coordination, or care planning conferences.

[2]{.underline}. Administrative. Administrative duties involve
activities such as attending meetings at VA regarding program
development, enhancement of clinical or teaching services, continuing
medical education, patient care and medical staff issues (e.g., Drug
Usage and Infection Control Committees, Clinical Executive Board, etc.).

[3]{.underline}. Research. Research activities include such things as
conducting either funded or unfounded approved VA research activities in
assigned VA lab space and attending meetings at VA related to research
activities (e.g., Research and Development Committee).

\(b\) Off-Site:

[1]{.underline}. Clinical. This includes providing services for VA
patients at a non-VA location (e.g., a VA physician uses the affiliate
catheterization lab to treat VA patients with no professional charge to
VA); participating in interdisciplinary patient care conferences at an
affiliate to discuss VA patients (e.g., approved VA representation at
clinical conferences such as a Tumor Board); teaching related to the
care of VA patients (e.g., Grand Rounds), approved attendance at Medical
Executive Committee meetings; public service or other professional
activities when the activity is considered to be of substantial benefit
to VA in accomplishing its general mission or one of its specific
functions; or providing services regarding a VA patient from another
site (e.g., reading x-rays from home or entering patient notes via
remote computer log-on).

**NOTE:** *Health care professionals cannot receive any compensation
from other sources for activities carried out when they are in a duty
status; they must be in a leave status or outside their VA tour of
duty.*

[2]{.underline}. Administrative. This includes approved attendance at
lectures, conferences, or off-site meetings related to VA duties (e.g.,
national or VISN committees or meetings); activities required to
maintain academic status (appropriately shared with the affiliate in the
case of part-time employees); approved VA representation at meetings at
affiliates regarding curriculum development or resident selection; or
other administrative issues related to VA activities for which employees
are not compensated by the affiliate.

[3]{.underline}. Research. Conducting off-site funded research
activities with written waiver from VACO (e.g., research space not
available at VAMC); developing a letter of intent; VA representation on
a joint IRB; or, if approved, non-funded research related to VA's
mission.

**NOTE:** *Time allocated for non-funded research will be at the
discretion of the supervisor and approved by the COS or Director.*

[4]{.underline}. Education. This involves such things as providing
orientation or training to house staff or other students at the
affiliate regarding information related to VA and its mission.

h\. **Accountability.** Timekeeping documents shall reflect actual hours
worked by full-time, part-time, and intermittent employees. Failure to
appropriately monitor compliance with the policies and procedures in
this handbook, or failure to properly account for time and attendance
may result in appropriate disciplinary and/or legal action.\]

**3. 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.

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

b\. **Part-Time Employees.** Part-time employees who are excused from
duty on a holiday are entitled to their regular pay for that day.
\[Otherwise eligible part-time employees required to work on holidays
are not entitled to holiday premium pay for such service. However,
employees whose absence is not authorized will be considered absent
without leave and shall lose pay for the day.\]

c\. **In-Lieu Non-workday.** An in-lieu non-workday may be granted to
full-time physicians, dentists, podiatrists, chiropractors, and
optometrists, for work performed on a holiday or the day observed as a
holiday, provided the full-time employee's services can be spared
without detriment to patient care. Such in-lieu day if authorized must
be taken within 90 days by the full-time employee concerned. Full-time
employees who are assigned to work on holidays and whose absences were
not authorized will be reported as being on unauthorized absence and
will lose pay for that day**.**

**NOTE:** *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.*

d\. **Holiday Benefits in Connection With Absence in a Non-pay Status**

\(1\) Employees (except full-time nurses and nurse anesthetists on the
Baylor Plan) are entitled to payment for the holiday if they are absent
in a non-pay status (including LWOP or AWOL) on the day

immediately following the holiday, provided they were in a pay status
(duty or leave) the day preceding

the holiday, and provided the holiday was not included within the period
of non-pay status. If the holiday was included within the period of
non-pay status, payment for the holiday will not be made. Wherever
possible, periods of LWOP should not be scheduled so as to begin or end
on a holiday.

\(2\) Employees (except full-time nurses and nurse anesthetists on the
Baylor Plan) in a non-pay status (including LWOP or AWOL) the day
preceding the holiday will receive payment for the holiday, provided
they are in a pay status (duty or leave) the next regularly scheduled
workday immediately following the holiday, and provided the holiday was
not included within the period of non-pay status.

\(3\) The provisions of subparagraphs d (1) and (2) also apply to
in-lieu days granted to full-time physicians, dentists, podiatrists,
chiropractors, and optometrists.

e\. **Religious, State and Local Holidays**

\(1\) While there is no official observance of religious holidays,
except those which may also be national holidays, it is the policy of VA
to permit, when practicable, absence from work for those employees who
desire to observe religious holidays. Employees may, under provisions of
Public Law 95-390, and applicable regulations, elect to work
compensatory overtime for the purpose of taking time off without charge
to leave when their personal religious beliefs require that they abstain
from work during certain periods of the workday or workweek, thereby
avoiding an annual leave or leave without pay charge.

\(2\) If a facility is closed on a State or local holiday because it is
determined that Federal work may not be properly performed as provided
in chapter 2, this part, absence on such day is not chargeable to leave
for an employee of the facility. Such approved time off is considered
authorized absence without charge to leave.

**4. ADJUSTABLE WORK HOURS FOR PART-TIME PHYSICIANS**

\[See paragraphs 2f and g above and Appendixes I and J to this
chapter.\]

**5. FLEXIBLE AND COMPRESSED WORK SCHEDULES FOR EMPLOYEES IN TITLE 38
POSITIONS**

a\. **General.** This paragraph contains Veterans Health Administration
policies and procedures concerning flexible and compressed work
schedules for VHA title 38 health care employees. All of the provisions
of this paragraph apply to full and part-time nurses, graduate nurse
technicians, nurse technicians pending graduation, nurse anesthetists,
PA\'s (physician assistants) and EFDAs (expanded function dental
auxiliaries) appointed under authority of 38 U.S.C. 7401(l) or
7405(a)(1.). Only the provisions on compressed work schedules apply to
physicians, dentists, podiatrists, chiropractors, or optometrists
appointed under 38 U.S.C., sections 7306, 7401(1), 7405 or 7406\[ \].
The provisions in this paragraph do not apply to student nurse
technicians or nurses and nurse anesthetists on the Baylor Plan.

**NOTE:** *Instructions for compressed work schedules for employees in
VA Central Office have been published in VA Directive 5610.3*.

b\. **References**

\(1\) Federal Employees Flexible and Compressed Work Schedules Act of
1982 (Pub. L. 97-221, 5 U.S.C. 6120-6133.)

\(2\) 5 CFR 2472

\(3\) 38 U.S.C. 7421(a) and 7423(a)

c\. **Definitions**

\(1\) **Administrative Workweek.** A period of 7 consecutive calendar
days, which coincide with the calendar week, Sunday through Saturday.

\(2\) **Alternative Work Schedule.** A work schedule that is other than
the traditional work schedule (8 hours per day/40 hours per week with
fixed starting and quitting times), which consists of either a flexible
work schedule or compressed work schedule.

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

\(4\) **Biweekly Pay Period.** The pay period covering two
administrative workweeks.

\(5\) **Compressed Schedule**

\(a\) In the case of a full-time employee, an 80-hour biweekly work
requirement which is scheduled for fewer than 10 workdays.

[]{#AppIII .anchor}\[**APPENDIX I. PRESCHEDULED PART-TIME TOURS**

**AND THE UTILIZATION OF ADJUSTABLE WORK HOURS (TITLE 38)**

**1. PURPOSE OF ADJUSTABLE WORK HOURS**

a\. **Coverage.** Adjustable work hours is a program established to
accommodate varying VA patient care needs and part-time VA physicians
who have VA or non-VA patient care, research, or educational
responsibilities that make adherence to the same regularly scheduled
tour of duty every pay period difficult. Adjustable tours are
appropriate, for example, for part-time physicians at active affiliated
facilities with extensive patient care, research, and educational
responsibilities who *frequently* encounter emergencies or other
unanticipated obligations that require them to deviate from their
scheduled tour of duty. Adjustable work hours provide a means for
minimizing this problem.

b\. **Exclusions.** The following employees shall not be placed in
adjustable work hours:

\(1\) Part-time physicians with fixed work requirements and part-time
physicians who do not routinely need to adjust their tours of duty; and

\(2\) Part-time title 38 employees other than physicians**.**

c\. **Premium Pay.** Part-time physicians are ineligible for premium
pay.

**2. DEFINITIONS**

a\. **Adjustable Work Hours.** See paragraph 1a above.

b\. **Administrative Workweek.** The administrative workweek includes
Sunday through the following Saturday.

c\. **Annual Service Level Expectation.** The number of hours in a
service year part-time physicians on adjustable work hours are expected
to be present during the service year.

d\. **Biweekly Work Requirement.** For part-time physicians on
adjustable work hours, the total number of hours an employee is
scheduled to work during the pay period or to otherwise account for
through the use of approved leave. The work requirements of part-time
physicians on adjustable work hours are dependent upon VA patient care
and other work requirements. All or a portion of the biweekly
requirement may be set as a tour of duty (specific hours that the
employee must be on duty). However, all of the hours in the biweekly
work requirement can be variable if such an arrangement meets VA's
needs. These physicians need not be scheduled for duty every biweekly
pay period if VA duty is not required. The biweekly work requirement may
remain stable throughout the life of the Memorandum of Service Level
Expectations, or may be adjusted by the supervisor on a pay period to
pay period basis.

e\. **Memorandum of Service Level Expectations, VA Form 0880a.** VA Form
0880a is a written memorandum of understanding between VA and the
part-time physician on adjustable work hours that specifies an expected
level of service during a service year.

f\. **Present**. To be considered present and to have time count toward
the annual work requirement, a part-time physician on adjustable work
hours must be engaged in VA clinical, administrative, research, or
educational activities as outlined in chapter 3, paragraph 2g, this
part.

g\. **Service Year.** The one-year period covered by a signed VA (see
paragraph 4d below).

h\. **Tour of Duty.** Since the biweekly work requirement and schedule
of part-time physicians on adjustable work hours may vary from pay
period to pay period, they do not have a tour of duty, per se. However,
a tour of duty will be noted in ETA reflecting the average number of
hours to be worked per pay period as stipulated on the Memorandum of
Service Level Expectations. The tour of duty forms the basis on which
the employee will be paid while the Memorandum of Service Level
Expectations is in effect.

**3. RESPONSIBILITIES**

a\. **VISN Directors** are responsible for:

\(1\) Monitoring facility compliance with the provisions of this
appendix and for incorporating such compliance into performance
contracts of appropriate subordinate employees; and

\(2\) Recommending or taking disciplinary action against facility
Directors or others who fail to meet the responsibilities outlined in
this appendix.

b\. **Facility Directors** are responsible for:

\(1\) Establishing local policies related to adjustable work hours. If
adjustable work hours are used, the facility policy must contain
procedures for auditing management and employee compliance (see
paragraph 6 below);

\(2\) Adjusting the work hours of part-time physicians to levels that
are consistent with VA physician staffing guidelines, patient care
requirements, and other VA work requirements;

\(3\) Ensuring all current and newly appointed part-time physicians are
made aware of their responsibilities with regard to VA time and
attendance procedures;

\(4\) Enlisting the cooperation of affiliate officials in the
implementation of VA time and attendance policies and procedures;

\(5\) Incorporating compliance into the performance contracts of
appropriate subordinate employees and recommending or taking
disciplinary action against employees or management officials who fail
to fulfill their responsibilities; and

\(6\) Approving or terminating VA Form 0880a, or delegating this
responsibility to appropriate facility official(s).

c\. **Chiefs of Staff** are responsible for:

\(1\) Providing the facility Director with assistance in carrying out
the provisions of this appendix;

\(2\) Reviewing proposals to establish or terminate a VA Form 0880a, and
making recommendations to the facility Director level regarding
appropriate utilization of such employees (whether part-time employment
is appropriate, whether the proposed staff mix is appropriate, and
whether the recommend level of part-time employment is consistent with
VA patient care or other work requirements); and

\(3\) Ensuring part-time physicians and their immediate supervisors
carry out their responsibilities. This includes recommending or taking
disciplinary action where appropriate.

d\. **Clinical Service Chiefs, Service Line Managers, and Other
Supervisors** are responsible for:

\(1\) Recommending approval or termination of a VA Form 0880a for
employees under their supervision;

\(2\) Ensuring subordinate employees have received required training
related to time and attendance procedures;

\(3\) Monitoring levels at which part-time physicians are employed so
they are consistent with appropriate staffing guidelines, as well as VA
patient care or other work requirements; and for promptly recommending
adjustments when appropriate;

\(4\) Establishing and adjusting biweekly work requirements for
subordinate employees based on VA patient care and other work
requirements (see paragraph 5a below); and for approving or disapproving
written requests from employee to adjust their biweekly work
requirements based on VA patient care or other work requirements;

\(5\) Notifying the timekeeper promptly whenever leave requests or
changes to an employee's biweekly work requirement have been approved;

\(6\) Certifying time and attendance records of employees under their
supervision, and ensuring time and attendance records reflect actual
attendance (see paragraph 6 below);

\(7\) Monitoring the amount and type of time part-time physicians under
their supervision have worked during their service year to ensure it is
consistent with the approved VA Form 0880a , and for promptly
recommending termination of VA Form 0880a when appropriate;

\(8\) Investigating excessive requests for unscheduled hours or absences
as these may be indicative of performance or staffing problems. An
excessive number of requests may also indicate the type of appointment
is inappropriate or the service level expectations should be changed
(e.g., hours increased or decreased); and

\(9\) Recommending or taking appropriate disciplinary action whenever
employees fail to comply with the provisions of this appendix or falsify
time and attendance records.

e\. **Chief, Human Resources Management Service or Equivalent**
**Individual** is to:

\(1\) Provide advice and assistance to management officials and
employees regarding VA work scheduling requirements and adjustable work
hours for part-time physicians;

\(2\) Perform the reconciliation process as described in paragraph 9a
below; and

\(3\) Ensure that supervisors have received required training related to
time and attendance procedures.

f\. **Chiefs of Fiscal Service or Equivalent Individuals** are
responsible for:

\(1\) Ensuring timekeepers have received required training related to
time and attendance procedures; and

\(2\) Ensuring required semi-annual audits of time and attendance
reports have been completed as required by VA Manual MP-6, Part V,
Supplement 2.2.

g\. **Employees** are responsible for:

\(1\) Agreeing to service level expectations as outlined in paragraph 4
below;

\(2\) Knowing their approved biweekly work requirement and mandatory
scheduled hours (if any) and for submitting written requests for
supervisory approval to deviate from their biweekly work requirement or
mandatory scheduled hours. Such requests must be submitted and approved
in advance whenever possible;

\(3\) Monitoring amount and type of time they have worked during the
service year to ensure the amounts is consistent with the Memorandum of
Service Level Expectations;

\(4\) Complying with all policies and procedures associated with
adjustable work hours; and

\(5\) Fulfilling their entire biweekly work requirement and being
present during mandatory scheduled hours unless absent on approved leave
or where a deviation is properly authorized by their supervisor, and for
adhering to all other locally established time and attendance
procedures.

**4. MEMORANDUM OF SERVICE LEVEL EXPECTATIONS, VA Form 0880a**

a\. **General.** Part-time physicians placed on adjustable work hours
must sign a Memorandum of Service Level Expectations (including
part-time physicians on adjustable work hours on the effective date of
this change). Under the Memorandum, VA and the part-time physician reach
an annual service level expectation based on anticipated VA patient care
or other work requirements and physician availability. Each part-time
physician on adjustable work hours is to be paid the same amount each
biweekly pay period, computed as provided in paragraph 8 below. VA
officials establish biweekly work requirements and schedules for their
employees based on recurring or known patient care and other VA needs.
The biweekly work requirement and/or schedule may be changed [with the
supervisor's written approval]{.underline} (which may be in electronic
format, e.g., e-mail, etc.). However, if VA duty is not required, the
biweekly work requirement of physicians on adjustable work schedules are
to be so annotated.

b\. **Terms of the Memorandum.** VA Form 0880a does not constitute an
employment contract. It does not obligate VA to provide a physician with
the level of employment outlined in the Memorandum, nor does it obligate
a physician to provide the expected level of service. However, whenever
possible, either VA or the employee should give the other advance notice
whenever any VA Form 0880a is to be terminated and terminations should
coincide with the end of a pay period (see subparagraph 4g below).

c\. **Content of VA Form 0880a.** VA Form 0880a contains an expected
level of commitment and estimates the amount of time a physician is
expected to dedicate to patient care, administrative, research, and
educational activities. These activities are defined in paragraph 2g of
chapter 3 of this part. A worksheet to assist in allocating such time is
also provided in Appendix K to this part.

d\. **Effective Dates of VA Form 0880a.** VA Form 0880a is to be 1 year
in length. The agreed level of service shall be commenced on the first
day of a pay period.

e\. **Approval of VA Form 0880a.** VA Form 0880a is to be prepared and
approved by the facility Director, or designee. Copies of the approved
memorandum are to be provided to the part-time physician, the
physician's supervisor, and a copy should be filed in the employee's
payroll folder. The original signed form is to be filed on the left hand
side of the employee's Merged Records Personnel Folder.

f\. **Limitations.** The amount of service may not exceed 1820 hours in
a service year (seven eights of full-time employment).

g\. **Adjustment of VA Form 0880a.** The total expected service on VA
Form 0880a may not be modified, but if an adjustment is required, the
existing Memorandum of Service Level Expectations must be terminated and
reconciled as outlined in paragraph 9a below. Accordingly, a new VA Form
0880a must be established.

h\. **Termination of VA Form 0880a**

\(1\) Termination by VA or Physician. Whenever possible, either party
should give the other advance notice that a VA Form 0880a is going to be
terminated, and the termination of VA Form 0880a should coincide with
the end of a pay period. VA or the physician may terminate VA Form 0880a
at any time. Such terminations shall be in writing and filed on the left
hand side of the employee's Merged Records Personnel Folder. VA
officials shall promptly terminate VA Form 0880a whenever it no longer
forms the appropriate basis for compensating the physician. When VA
terminates a VA Form 0880a prior to the expiration period, the
employee's services should be reviewed to determine whether a fixed work
schedule, another type of VA appointment, or termination from employment
is appropriate.

\(2\) **Automatic Termination.** VA Form 0880a automatically terminates
on its expiration date. It also terminates if a physician leaves VA
employment for any reason, transfers to another VA facility, moves to an
excluded position (e.g., movement to a part-time position with a fixed
schedule or conversion to full-time, intermittent, fee basis or without
compensation employment), or signs a new VA Form 0880a.

\(3\) **Reconciliation.** When VA Form 0880a is terminated as outlined
under paragraphs g or h(1) or (2) above, it must be reconciled in
accordance with paragraph 9a below.

**5. SCHEDULING AND TIMEKEEPING**

a\. Establish Work Schedules Based on Known Work Requirements.
Supervisors must ensure adequate patient care coverage and that VA work
requirements are met. These requirements are to be reviewed and
employees' work schedules are to be adjusted to reflect those
requirements. Whenever possible, such adjustments will be made in
advance of the administrative workweek.

b\. Procedures for Substitutes. When VA and the employee sign VA Form
0880a, they are to agree upon procedures for ensuring the continuation
of patient care activities when the employee is absent. If a substitute
is provided, that substitute is to be appropriately credentialed and
privileged and informed about relevant patient care issues.

c\. Time and Attendance Reports. All part-time physicians placed on
adjustable work hours will record their time and attendance using the
automated procedures in paragraph (1) below.

\(1\) **Documenting Time and Attendance through the Veterans Health
Information Systems and Technology Architecture (VistA) through the use
of the Electronic Subsidiary Record (ESR)**

\(a\) **Establishment of the Biweekly Work Requirement.** Supervisors
will establish a biweekly work requirement for employees on adjustable
work hours and this requirement will be documented in writing. All or a
portion of the biweekly requirement may be set as a tour of duty
(specific hours that the employee must be on duty). However, all of the
hours in the biweekly work requirement can be variable if such an
arrangement meets VA's needs. Periodically, supervisors are to assess
the need for employees' services and make appropriate adjustments in the
biweekly work requirement as necessary. If there is a need to adjust an

employee's biweekly work requirement, the approved change will be
documented in writing by the supervisor. Whenever possible, adjustments
to an employee's biweekly work requirement should be approved in
advance. However, in emergent situations, the supervisor can approve
such changes on a retroactive basis. In all cases, the supervisor's
approval of a change in the biweekly work requirement will be documented
in writing.

\(b\) **Timekeeper.** Prior to the beginning of each pay period, an ESR
for each week of the pay period will be prepared for each part-time
physician on adjustable work hours based on the biweekly work
requirement.

\(c\) **Employee.** Employees are to record their time and attendance on
a daily basis in the ESR.

\(d\) **Supervisor.** Supervisors are to verify and document that the
biweekly work requirement has been met or accounted for by an
appropriate leave charge, or that there has been an approved change to
the biweekly work requirement. After verification, the supervisor will
approve the ESR.

**6. OTHER REQUIRED METHODS FOR DOCUMENTING TIME AND ATTENDANCE**

a\. **Obligation to Document.** Facility management and supervisory
officials are responsible for ensuring time and attendance of part-time
physicians is properly documented. The method(s) used must be
incorporated into facility policy and are to be sufficiently
comprehensive to assure outside reviewers that required VA duty has been
performed. Suggested methods for doing this are outlined in paragraph b
below.

b\. **Suggested Methods for Documenting Time and Attendance**

\(1\) Have employees physically report to a specifically identified
employee or alternate;

\(2\) Periodically visiting the clinic/procedure areas where part-time
staff are assigned and observe whether the part-time physicians
scheduled for duty are in fact present;

\(3\) Review charts or other records of scheduled patients seen by the
part-time physician involved. This includes reviewing charts to ensure
they are signed (thereby documenting proper supervision of residents);

\(4\) Review other records such as operating room logs, postoperative
notes, minutes of meetings, operations reports, and other material that
document the presence of employees; and

\(5\) Verify that the physician involved signed on to a VA computer
system from an authorized location.

**7. LEAVE**

a\. **General.** There is no change in leave accrual rates for part-time
physicians on adjustable work hours. Accrual rates are based on actual
service (1 hour of annual leave for each 10 hours in a pay status

and 1 hour of sick leave for each 20 hours in a pay status). The minimum
leave charge is one-quarter hour, and the maximum annual leave carryover
is 240 hours. Part-time employees on adjustable work hours are also
entitled to all other types of leave (e.g., court leave, military leave,
and leave without pay).

b\. **Requirement to Request Leave for all Scheduled Duty.** Employees
on adjustable work hours must request the appropriate type of leave
whenever they are absent from scheduled duty or when they will not meet
their established biweekly work requirement. Approval of leave is based
on VA patient care or other work requirements. Such leave is to be
requested in advance except in emergencies, and, if leave is not
properly approved, the employee shall be considered to be absent without
leave.

**8. PAY COMPUTATION**

a\. **Basic Pay.** Employees on adjustable work hours are entitled to
biweekly pay computed by dividing annual rate of pay by 2080, and
multiplying the result by the hours allocated to the pay period (annual
work requirement computed under paragraph 4a above divided by 26).

b\. **Pay Adjustments.** Compensation received under VA Form 0880a shall
be adjusted to reflect all changes in pay. This includes adjustments to
reflect annual pay increases, tenure increases, and all other changes in
the rate of total pay.

c\. **Examples**

\(1\) **Example 1:** Over the next service year, a part-time physician
commits to spend time at VA as follows: 832 hours of clinical
activities, 104 hours in administrative activities, 26 hours in
educational activities, and 156 hours performing approved research. The
employee's total expected commitment would be 1118 hours per annum, or
43 hours a pay period (1118/26). Dividing the annual rate of pay by 2080
and multiplying each result by 43 determines the amount of pay the
employee is to receive each pay period.

\(2\) **Example 2:** Over the next service year, a part-time physician
commits to spending 1248 hours in clinical activities, 156 hours in
administrative activities, 26 hours related to educational activities,
and 260 hours performing approved research. The employee's total
expected commitment would be 1690 hours per annum, or 65 hours a pay
period (1690/26). Dividing the employee's annual rate of pay by 2080 and
multiplying that hourly rate by 65 determines the amount of pay the
employee receives each pay period.

d**.** **Substitutes.** Only hours of work performed by an employee may
be deducted from the annual service commitment. Any substitute provided
on behalf of an employee is subject to the conditions of the
substitute's appointment.

**9. ADMINISTRATION OF MEMORANDA OF SERVICE LEVEL EXPECTATIONS**

a\. **Reconciliation of Memoranda.** When a memorandum expires or is
terminated, the salary and benefits paid are to be reconciled against
the amount of work performed during the term of VA Form 0880a. The human
resources office shall determine the number of hours the employee should
have worked between the beginning and expiration or termination of VA
Form 0880a (i.e., the number of hours allocated to each pay period under
paragraph 8a above multiplied by the number of full pay periods between
the beginning and ending date of VA Form 0880a) and then determine the
number of hours the employee worked during this period, compute any
applicable overpayment or underpayment. Based on information received
from the human resource office, the payroll office will take the
necessary steps for underpayment or overpayment. In the case of an
overpayment, a SF 1114, Bill of Collection, will be issued to the
employee.

b\. **Reconciliation of Leave Balances.** In addition to the
determination of whether an underpayment or overpayment occurred, the
human resources office must also determine whether an adjustment to the
part-time physician's leave balances must also be made. For example, if
a memorandum of service level expectations set an employee's expected
service at 1040 hours, and the reconciliation showed that the employee
actually worked 1060 hours, the employee's leave account should be
credited with 2 hours of annual leave and one hour of sick leave. On the
other hand, if the same employee worked only 1020 hours, 2 hours of
annual leave and one hour of sick leave should be deducted from the
employee's leave balance. The payroll office is to be informed to take
necessary actions to adjust leave balances when needed.

c\. **Deceased Employees.** If an employee dies while employed by VA, a
notice should be mailed to the person claiming the employee's unpaid
compensation at the time of death. If no compensation was due to the
employee at the time of their death, then the notification should be
mailed to the legally entitled beneficiary designated on the SF 1152,
Designation of Beneficiary, Unpaid Compensation of Deceased Civilian
Employee, or the person(s) designated by the order of precedence
outlined in 5 U.S.C. 5582, if they can be located. If there is no record
of any beneficiary, then the notification should be mailed in the
employee's name to the last address of record. If the employee worked
hours for which the employee was not compensated, all salary and fringe
benefits due are to be paid on behalf of the employee. The legally
entitled beneficiary of their unpaid compensation may file claims for
such employees. Claims by these beneficiaries should be processed in the
same manner as for any other claimant except that payments will be
handled using procedures for payment of beneficiaries of deceased
employees. See VA Manual MP-4, Part II, chapter 4.

d\. **Waiver of Overpayment.** If an SF-1114 is issued under paragraph
9a above, the overpayment liability may not be waived.

**10. UTILIZATION OF PART-TIME EMPLOYEES**

a\. **Reviewing Utilization of Employees.** Using the criteria in VA
Handbook 5005, Part II, chapter 3, paragraph 2, and paragraph 10b below,
facility Directors, or their designees, are to review the appointments
of employees covered by this appendix. Appointments shall be reviewed on
an annual basis and more

frequently if there are indications that the type of appointment may not
be facilitating the accomplishment of VA patient care or other work
requirements.

b\. **Employment Authorities**

\(1\) **Part-Time Appointments.** Physicians may be appointed on a
part-time basis under Section 7405(a)(1)(a) of Title 38, United States
Code. Part-time appointments normally imply regularly scheduled tours of
duty that do not significantly change from one pay period to another.
However, part-time physicians should be placed on adjustable work
schedules if they have VA or non-VA patient care, research or
educational responsibilities that make adherence to regularly scheduled
tours of duty impractical. It is important to note that part-time
appointments are only appropriate in situations where the physician's
duties and responsibilities are to be performed at the VA facility,
regardless of whether the tour is fixed or adjustable. In situations,
where the physician's presence at the VA facility is not required (e.g.,
on-call), other types of appointments or a mix of appointments may be
more appropriate.

\(2\) **Other Work Schedules or Appointments**

\(a\) **Intermittent Work Schedules.** Employees may be employed on an
intermittent basis when demand for their services varies over time. The
advantage is that periods of employment may be tailored to varying needs
for services. The drawback is that intermittent employees are not
entitled to employee benefits. Intermittent employment also presumes
services are provided at the VA facility. Employees utilized on an
intermittent basis are only compensated when they provide services, they
are placed on the applicable grade and rate of pay on the Physician and
Dentist Base and Longevity Pay Schedule, and pay for such positions is
limited to the rate of basic pay for Level V of the Executive Schedule.

\(b\) **Fee Basis Appointments.** Employees may be appointed on a fee
basis when the demand for services varies over time and fees can be
tailored to the type of service provided. For example,

employees may be appointed on a fee basis to provide on-call coverage.
Employees on these types of appointments are not eligible for, and the
rate of pay for such positions is limited to the rate of basic pay for
Level V of the Executive Schedule. Care must also be exercised with
these appointments, as facilities are also responsible for ensuring
employees provide the services for which they are compensated and that
procedures are not generated solely for the purpose of generating fees.
Fee basis appointments are also based on the employee providing specific
services. This may be a problem in that fee basis employees would not
generally be available to perform administrative tasks otherwise be
performed by part-time employees (e.g., peer review, attendance at
meetings).

\(c\) **Dual Appointments.** Individuals may be given more that one of
the above appointments if that is the best way to secure the employee's
services. However, the expectations concerning time and attendance need
to be clear and, if fee basis is involved, the facility needs to ensure
the services are actually being provided or that procedures are not
generated solely for the purpose of generating fees. The rate of basic
pay and fees payable to such individuals is limited to the rate of basic
pay for Level V of the Executive Schedule. Additional information about
dual employment may be found in [VA Handbook 5005, Part II, Section A,
Chapter 3, paragraph
3b.](http://vaww.va.gov/hrdirectives/Dir_Hnbks/5005.doc)

**11. NOTIFYING PART-TIME PHYSICIANS.** All part-time physicians placed
on adjustable work hours after the effective date of this change are to
be advised of VA time and attendance procedures and certify in writing
that they understand such procedures. This certification is to be filed
on the left hand side of the employee's Merged Records Personnel Folder.
The part-time physician is to certify that:

a\. They will promptly advise VA if their service level expectations
outlined in their VA Form 0880a no longer accurately reflect their level
of commitment to VA;

b\. They have been advised they may only post hours of duty performed at
or on behalf of VA on the ESR;

c\. If they are scheduled for VA duty, they must perform work or
otherwise account for such time through the use of approved leave;

d\. Work performed must be posted *daily* on the ESR;

e\. They must obtain written authorization from their supervisor for any
variation from the approved biweekly work requirement;

f\. If they are not present or on approved leave when a random audit of
time and attendance, they will be considered to be absent without leave;
and

g\. Falsification of time and attendance records or pre-posting work on
the ESR will result in appropriate disciplinary action.

# APPENDIX J. MEMORANDUM OF SERVICE LEVEL EXPECTATIONS FOR

**PART-TIME PHYSICIAN ON ADJUSTABLE WORK HOURS**

![](media/image1.png){width="6.99375in" height="8.468055555555555in"}

**INSTRUCTIONS FOR COMPLETING AND**

**MONITORING MEMORANDA OF SERVICE LEVEL EXPECTATIONS**

1\. Estimate the number of hours the part-time physician is expected to
serve during the term of the Memorandum of Service Level Expectations,
VA Form 0880a. The estimate, which is to be based

on VA patient care and other work requirements, is then to be broken
down by the amount the

employee is generally expected to spend in patient care, administration,
research, and education.

Use VA Form 0880b, Worksheet for Determining Percentages on Memorandum
of Service Level Expectations. This worksheet is to be used with the
definitions of VA duty found in paragraph 2g of chapter 3, of part II of
this handbook. Once completed, the worksheet is to be filed on the left
hand side of the employee's Merged Records Personnel Folder.

2\. Once an understanding with the part-time physician is reached, VA
Form 0880a is to be signed and dated by the applicant or employee. The
facility Director or designee is also to sign the document and enter the
effective date of VA Form 0880a.

***Note**: Memoranda of Service Level Expectations are to be 1 year in
length. Memoranda of Service Level Expectations are to be effected on
the first day of the pay period.*

3\. VA officials responsible for monitoring the Memorandum of Service
Level Expectations will retain a copy; a copy will be provided to the
employee; and a copy will be filed in the employee's Merged Records
Personnel Folder.

4\. Officials responsible for monitoring Memorandum of Service Level
Expectations are to fulfill their responsibilities as outlined in
paragraph 3 of Appendix II-I of this handbook.

[]{#AppIIK .anchor}APPENDIX K. WORKSHEET FOR DETERMINING PERCENTAGES ON

MEMORANDUM OF SERVICE LEVEL EXPECTATIONS

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## ![](media/image4.png){width="6.808333333333334in" height="8.709722222222222in"}\]