H. B. 2521
(By Delegates Amores and Thompson)
[Introduced January 14, 1998; referred to the
Committee on Industry and Labor then Finance.]
A BILL to amend article five-c, chapter sixteen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty, relating to nurse aides employed by nursing and
personal care homes and residential board and care homes;
providing for earning compensatory time off in exchange for
reporting to work as an incentive for good attendance; and
specifying the rate of compensatory time earned.
Be it enacted by the Legislature of West Virginia:
That article five-c, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twenty, to read as follows:
ARTICLE 5C. NURSING AND PERSONAL CARE HOMES AND RESIDENTIAL BOARD AND CARE HOMES.
§16-5C-20. Compensatory time for nurse aides who report to work regularly as scheduled by their employers.
(a) The Legislature hereby finds and declares that it is in
the public interest for nursing facilities in this state to
maintain adequate numbers of competent staff at all times to
ensure that patients receive necessary and proper care and
services and, in consequence thereof, enacts this section with
the purpose of providing an incentive for nurse aides employed by
nursing and personal care homes and residential board and care
homes in this state to regularly report to work as scheduled by
(b) On and after the first day of July, one thousand nine
hundred ninety-seven, each facility that is required to be
licensed pursuant to section six of this article shall establish
a program whereby all nurse aides employed by them may earn
compensatory time off as an incentive for reporting to work as
scheduled by their employer, according to the following: For
every thirty days that a nurse aide is scheduled to work, reports
to work on time and completes his or her scheduled shift, he or
she shall be credited with one day of compensatory time off, in
addition to all other sick or vacation leave otherwise earned.
NOTE: The purpose of this bill is to provide an incentive
for nurse aides to report to work as scheduled so that their
employers may maintain an adequate staff of competent personnel
for the provision of patient care and services.
This section is new; therefore, strike-throughs and
underscoring have been omitted.