Update October 9, 2017: The Class Action Administrator is in the process of determining individual damages and expects to send checks to eligible claimants in mid to late November. Thank you for your patience and please check back for additional updates.


Previous Updates


WEBSITE NOTICE OF SETTLEMENT AGREEMENT IN THE CLASS ACTION LAWSUITS OF DeMONS V. UNITED STATES AND GARCIA V. UNITED STATES

A Settlement Agreement Has Been Reached Regarding Saturday And/Or Night Premium Pay For Class Members That Used Authorized Paid Leave.

A settlement has been agreed to under which the United States will pay a lump-sum to a Settlement Fund to settle all Saturday and/or Night premium pay claims by the certified class from July 1, 2012 to February 28, 2016. Each member of the certified class will receive a proportionate distribution of the Settlement Fund based upon the Saturday and/or Night differential pay that each eligible individual claimant should have received for authorized paid leave used on Saturday and/or night plus interest. Defendant does not admit any wrongdoing or liability on its part; the proposed settlement is for full payment of authorized individual claims before deduction of approved fees, expenses and taxes. The independent, professional Class Action Administrator appointed by the United States Court of Federal Claims will pay all attorney fees and expenses from the Settlement Fund, as approved by the Court. Individuals will not have to pay any of these fees and expenses separately. All administration fees also shall be paid from the Settlement Fund and all applicable federal, state, and city taxes will be withheld by the Administrator and then paid directly to each appropriate jurisdiction. The remaining net funds after taxes will be paid to each authorized claimant depending on your individual leave and hourly pay records.

The Court will hold a hearing in a courtroom at the United States Court of Federal Claims, 717 Madison Place, NW, Washington D.C. 20005 at 2 p.m. (EST) on APRIL 20, 2017, to determine whether it should approve the proposed settlement, and to approve the amount of attorney fees and expenses to be paid from the Settlement Fund. Plaintiffs’ attorneys have requested Court approval of attorneys’ fees of 30% of the Settlement Fund which was agreed to by each individual claimant when you filed your individual claim. Attendance at the hearing is not necessary; however, if you wish to be heard orally in opposition to the proposed settlement you must so state as part of your timely filed objection. Written objections to the proposed settlement by class members will be considered by the Court, but only if such objections are filed in writing with the Clerk of the Court by mail postmarked no later than APRIL 7, 2017. Class members who support the proposed settlement do not need to appear at the hearing or take any other action to indicate their approval. If the Court approves the settlement, each class member will receive his or her distributive share by check, but it may take months to receive the settlement funds from the United States Treasury and to distribute those funds to each eligible claimant. The Settlement Agreement can be viewed in its entirety here as well as Plaintiffs’ motion for approval of attorneys’ fees and expenses and Plaintiffs’ memorandum of law for approval of the Settlement Agreement.

September 16, 2016 Update: The deadline to opt-in to this class action settlement was September 16, 2016. Claims submitted after September 16, 2016 are late and ineligible. For late claimants, you may be able to participate in a future settlement. Check here for future updates.

Update June 15, 2017: After the Government pays the settlement funds to the Class Action Administrator, the Administrator will compute the individual damages, deduct all taxes and fees, and send a check to each authorized claimant. We are still waiting for the money to be paid. This process will take a considerable amount of time.


A Message from the VA General Counsel

Some of you may have received postcard notices or otherwise heard or read about a class action lawsuit against the Department of Veterans Affairs (VA) on behalf of VA employees. You may also have heard or read comments questioning the legitimacy of the lawsuit or the website associated with the lawsuit or suggesting that the lawsuit and website are scams.

The purpose of this message is to correct any mistaken impressions and to confirm that the lawsuit, captioned DeMons et al. v. United States, Fed. Cl. No. 13-779C, is a legitimate, on-going class action lawsuit in the United States Court of Federal Claims. This associated website, www.myleavepay.com, is a valid, secure site created and administered by a class action administrator approved by the Court.

The Department of Justice represents VA in this lawsuit. VA employees who are already a part of this lawsuit or who join in the class action are represented by Class Counsel. If you are interested in obtaining further information about this lawsuit, you should read this website and follow the instructions on this site.

I want to assure you that the lawsuit and this website, www.myleavepay.com, are not a scam. This website is secure, valid, and approved by the United States Court of Federal Claims. The United States Court of Federal Claims has ordered that the deadline for filing an Opt-In Claim Form is extended until September 16, 2016.

Sincerely,
Leigh Bradley
General Counsel
Department of Veterans Affairs


WELCOME TO THE WEBSITE FOR THE CLASS ACTION CASE WHICH HAS BEEN AUTHORIZED BY THE UNITED STATES COURT OF FEDERAL CLAIMS IN WASHINGTON, D.C. INVOLVING PREMIUM PAY WHEN YOU USED AUTHORIZED PAID LEAVE EITHER ON SATURDAYS AND/OR NIGHTS (DEPENDING ON YOUR OCCUPATION) ONLY FROM JULY 1, 2012 TO FEBRUARY 28, 2016.

If you worked for the Veterans Health Administration during the period from July 1, 2012 to February 28, 2016, then YOU MAY BE OWED SUBSTANTIAL BACK PAY AND INTEREST. According to VA calculations, you were entitled to receive night and/or Saturday premium pay when you took paid leave between JULY 1, 2012 and February 28, 2016, depending on your occupation. If you worked for the VHA during that period as a hybrid or specialized health care employee, and you used paid leave instead of working certain scheduled shifts, you may not have been paid the correct pay for that leave.

YOU MAY GET A CHECK OF BACK PAY AND INTEREST, depending on your occupation, your pay grade, and the number of hours of annual or sick leave you used instead of working certain shifts. If you are owed back pay, you will be placed in the very first group to receive back pay and interest.

You may have received the POSTCARD NOTICE about this case because a Federal Judge instructed the VA to prepare a list of VHA employees who may be owed back pay and interest from this case. If an eligible VHA employee has died, his or her spouse, children, or parent will receive the money by filing a timely claim on behalf of the deceased employee if the deceased employee is owed back pay.

If you do not submit your claim form before the deadline of September 16, 2016, you will be permanently excluded from the class in this case, and you will not be able to recover any back pay and interest from this case forever. The Court has ordered that you should not call the Court or the Clerk’s office.

"Eligible individuals were employed by the VHA from July 1, 2012 to February 28, 2016 in one or more of the following occupations:

DeMONS SUBCLASS ONE
Certified or Registered Respiratory Therapist
Licensed Physical Therapist
Licensed Practical Nurse (“LPN”)
Licensed Vocational Nurse (“LVN”)
Pharmacist
Occupational Therapist
Graduate Nurse or Nurse Pending Graduation by the Veterans Health Administration
Audiologist
Audiologist-Speech Pathologist
Speech Pathologist
Biomedical Engineer
Corrective Therapist or Kinesiotherapist
Dental Assistant
Dental Hygienist
Dietitian
Marriage and/or Family Therapist
Licensed Professional Mental Health Counselor
Medical Instrument Technician
Medical Records Technician
Medical Support Assistant
Medical Technologist
Nuclear Medicine Technologist
Occupational Therapy Assistant
Orthotist or Orthotist-Prosthetist
Pharmacy Aid or Pharmacy Technician
Physical Therapy Assistant
Prosthetic Representative
Psychologist
Diagnostic Radiologic Technician or Technologist
Therapeutic Radiologic Technician or Technologist
Social Worker
Blind Rehabilitation Specialist or Blind Rehabilitation Outpatient Specialist
Nursing Assistant
Therapeutic Medical Physicist or Medical Physicist

DeMONS SUBCLASS TWO
Series 0060, Chaplain
Series 0101, Social Science
Series 0102, Social Science Aid and Technician
Series 0181, Psychology Aid and Technician
Series 0184, Sociology
Series 0186, Social Services Aid and Assistant
Series 0187, Social Services
Series 0188, Recreation Specialist
Series 0189, Recreation Aid and Assistant
Series 0401, General Biological Science
Series 0403, Microbiology
Series 0404, Biological Science Technician
Series 0405, Pharmacology
Series 0413, Physiology
Series 0415, Toxicology
Series 0601, General Health Science
Series 0625, Autopsy Assistant
Series 0636, Rehabilitation Therapy Assistant (Except for Occupational Therapy Assistant and Physical Therapy Assistant)
Series 0637, Manual Arts Therapist
Series 0638, Recreation/Creative Arts Therapist
Series 0639, Education Therapist
Series 0640, Health Aid and Technician (Except for Certified Respiratory Therapist)
Series 0645, Medical Technician
Series 0646, Pathology Technician
Series 0651, Respiratory Therapist
Series 0664, Restoration Technician
Series 0670, Health System Administration
Series 0671, Health System Specialist
Series 0673, Hospital Housekeeping Management
Series 0683, Dental Laboratory Aid and Technician
Series 0690, Industrial Hygienist
Series 0698, Environmental Health Aid and Technician
Series 0699, Student Nurse Technician (Title code 63 only)
Series 0701, Veterinary Medical Science
Series 0704, Animal Health Technician
Series 1020, Medical Illustrator
Series 1060, Photographer (Medical)
Series 1301, General Physical Science
Series 1306, Health Physics
Series 1310, Physics
Series 1311, Physical Science Technician
Series 1320, Chemistry
Series 1601, Biomedical Equipment Support Specialist
Series 1725, Public Health Educator
Series 1910, Quality Assurance

For more information on eligibility, please read the Official Notice approved by the Court and/or the FAQ's on this website.

You may be eligible to receive substantial back pay and interest depending on the number of hours you used authorized paid leave instead of working your regular Saturday and/or night shifts, your occupation, and your pay grade, but only if you filed your claim on time before September 16, 2016.

THIS WEBSITE IS A SECURE SITE THAT IS ENCRYPTED AND YOUR PERSONAL INFORMATION WILL NOT BE DISCLOSED TO ANY UNAUTHORIZED PARTY.

THIS IS NOT A SCAM OR A SOLICITATION BY AN ATTORNEY. THE UNITED STATES COURT OF FEDERAL CLAIMS HAS CERTIFIED THIS CASE AS A CLASS ACTION AND HAS AUTHORIZED THE FILING OF CLAIMS FOR SATURDAY AND/OR NIGHT PREMIUM PAY (DEPENDING ON YOUR OCCUPATION) FROM JULY 1, 2012 TO FEBRUARY 28, 2016. THE INDEPENDENT CLASS ACTION ADMINISTRATOR HAS BEEN APPOINTED BY THE FEDERAL COURT TO RECEIVE YOUR CLAIM FOR BACK PAY AND INTEREST AND TO ADMINISTER THIS CASE. THE COURT HAS APPOINTED ATTORNEY IRA M. LECHNER AS CLASS COUNSEL TO REPRESENT THE INTERESTS OF THE CLASS OF PRESENT AND FORMER VHA EMPLOYEES WHO ARE ELIGIBILE TO FILE CLAIMS FOR BACK PAY AND INTEREST.


This website will be updated periodically with new developments in the progress of this case.

Questions? Contact the Claims Administrator at 1-877-810-7928 or administrator@myleavepay.com

NOTICE: This website provides a summary of the Plaintiffs’ claims and the procedure to be followed to file a claim, and is provided for informational purposes only. In the event of any discrepancy between the text of this website and the original text upon which it is based, the text of the original document shall prevail.

Important Dates

  • Class Period
    July 1, 2012 to February 28, 2016
  • Deadline to file Claim Form
    September 16, 2016
  • Deadline to file Objection
    April 7, 2017
  • Fairness Hearing
    April 20, 2017 at 2.p.m. EST