On October 2, 2020, NVAC and VA executed a Settlement Agreement resolving National Grievance – 10/10/12 (Caregiver Act).
That case concerned the VA’s delayed implementation of the Caregivers and Veterans Omnibus Health Services Act of 2010, Public Law 111-163, which changed the requirements for an employee’s entitlement to certain forms of premium pay, including night differential, weekend premium, and overtime pay under 38 U.S.C. §7453 authority. Eligible positions included Registered Nurses, Physicians Assistants, Expanded Function Dental Auxiliaries, and certain hybrid Title 38 employees.
Under the Agreement, the VA has agreed to review employee timecards from May 5, 2010 to October 1, 2018 for all AFGE bargaining unit employees in eligible positions. If the timecard review reveals that an employee is entitled to a pay adjustment, the VA will provide backpay, minus any debt owed by the employee. If the net adjustment (after reduction of any debts) is $100 or more, the employee will also be entitled to a 23% interest payment. Under the Agreement, the VA is required to review timecards for current and separated employees. Current employees will receive payment by direct deposit, if eligible. Separated employees will receive payment by traditional paper check, if eligible, and once they verify their mailing address with the VA. We encourage all employees to make sure their updated home address is on file with the VA. Attachment B to the Agreement includes a copy of the Address Verification Forms.
JANUARY 2021 UPDATE: We understand that the VA has begun the process of mailing Address Verification Forms to separated employees who are eligible for payment. NVAC and AFGE received a number of phone calls questioning whether these forms were legitimate.
As a reminder, separated employees MUST COMPLETE AND RETURN this Address Verification Form to the VA in order to receive payment under the Settlement Agreement.