Federal Court Rules VA Employees Owed Years Worth of Back Pay

October 14, 2009

The United States Court of Federal Claims ruled that the VA must pay employees who worked on weekends or after 6:00 pm for the VHA, whenever they used paid leave instead of working their weekend or evening shifts anytime from September 5, 1995 until now.

The Federal Court in Washington, D.C. decided that the VA violated federal pay statutes by not including premium pay when employees used “paid leave” and therefore, these employees are eligible for “substantial” back pay and interest.

The case affects VA health care employees who either currently or formerly worked at the VA, on Saturdays or at night after 6 p.m. between September, 1995 and the present time. The Court also decided that the VA must pay Sunday premium pay of 25% to RNs, NAs, PAs, and other job classifications whenever they used paid leave instead of working on their regular Sunday shifts between September 5, 1995 and October 1, 1997.

The Court decided to allow the lawsuit to continue as a class action on behalf of all of these employees who were affected by the VA’s violations of federal pay laws. Employees who want to receive back pay and interest must file a claim form to become eligible to receive the back pay and interest. You can file your claim form instantly and easily on the internet by going to www.VAbackpay.com.

The Court established a security procedure that is designed to protect your privacy.

Unless you file your claim form promptly before the deadline, you will be prohibited from collecting any back pay and interest from this case forever according to the Court’s rules. You have to file an official claim form to receive back pay and interest from this case. After all the claim forms are filed, the Court will decide how much back pay and interest will be owed to each of those eligible employees or former employees who filed an official claim form. The case is entitled Quimby v. United States, No. 02-101C. The Court specifically ordered interested persons not to call the Clerk’s office because all the necessary explanations and instructions are contained on the website www.VAbackpay.com.

AFGE is the biggest Union for professional and non-professional employees in the VHA. Help us continue to help you by joining AFGE today! Check with your facility AFGE local for membership information.

For more information on AFGE and the National VA Council visit, www.afgenvac.org or www.afge.org.

Job Classifications Eligible to File Claims Include:

  • Registered Nurses
  • Nurse Anesthetists
  • Physician Assistants
  • Expanded Function Dental Auxiliary
  • Certified or Registered Respiratory Therapists
  • Licensed Physical Therapists
  • Licensed Practical Nurses
  • Licensed Vocational Nurses
  • Pharmacists
  • Occupational Therapists
  • Graduate Nurse Technicians
  • Audiologists
  • Speech Pathologists
  • Audiologists-Speech Pathologists
  • Biomedical Engineers
  • Clinical Engineers
  • Blind Rehabilitation Specialists
  • Blind Rehabilitation Outpatient Specialists
  • Dental Hygienists
  • Dental Assistants
  • Dietitians
  • Kinesiotherapists
  • Marriage and/or Family Therapists
  • Medical Instrument Technicians
  • Medical Records Administrator or Specialists
  • Medical or Dental Technologists
  • Nuclear Medicine Technologists
  • Occupational Therapy Assistant
  • Corrective
  • Therapist
  • Orthotist-Prosthetists
  • Pharmacy Technician
  • Physical Therapy Assistant
  • Prosthetic Representative
  • Psychologist
  • Certified Respiratory Therapy Technician
  • Diagnostic Radiologic Technician
  • Therapeutic Radiologic Technician
  • Social Worker

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