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38 U.S.C. § 7459 — Nursing staff: special rules for overtime duty
Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitation.—** Except as provided in subsection (c), the Secretary may not require nursing staff to work more than 40 hours (or 24 hours if such staff is covered under [section 7456 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7456&num=0&edition=prelim)) in an administrative work week or more than eight consecutive hours (or 12 hours if such staff is covered under section 7456 or 7456A of this title).
**(b) Voluntary Overtime.—**
(1) Nursing staff may on a voluntary basis elect to work hours otherwise prohibited by subsection (a).
(2) The refusal of nursing staff to work hours prohibited by subsection (a) shall not be grounds—
(A) to discriminate (within the meaning of section 704(a) of the Civil Rights Act of 1964 ([42 U.S.C. 2000e–3(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–3/a&num=0&edition=prelim))) against the staff;
(B) to dismiss or discharge the staff; or
(C) for any other adverse personnel action against the staff.
**(c) Overtime Under Emergency Circumstances.—**
(1) Subject to paragraph (2), the Secretary may require nursing staff to work hours otherwise prohibited by subsection (a) if—
(A) the work is a consequence of an emergency that could not have been reasonably anticipated;
(B) the emergency is non-recurring and is not caused by or aggravated by the inattention of the Secretary or lack of reasonable contingency planning by the Secretary;
(C) the Secretary has exhausted all good faith, reasonable attempts to obtain voluntary workers;
(D) the nurse staff have critical skills and expertise that are required for the work; and
(E) the work involves work for which the standard of care for a patient assignment requires continuity of care
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Source file: Laws/federal/codes/united-states-code/title-38/section-7459-nursing-staff-special-rules-for-overtime-duty--ee9a4698b6.md
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Source location: Title 38, Chapter 74, § 7459; chapter-074-veterans-health-administration-personnel.md
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**(a) Limitation.—** Except as provided in subsection (c), the Secretary may not require nursing staff to work more than 40 hours (or 24 hours if such staff is covered under [section 7456 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7456&num=0&edition=prelim)) in an administrative work week or more than eight consecutive hours (or 12 hours if such staff is covered under section 7456 or 7456A of this title).
**(b) Voluntary Overtime.—**
(1) Nursing staff may on a voluntary basis elect to work hours otherwise prohibited by subsection (a).
(2) The refusal of nursing staff to work hours prohibited by subsection (a) shall not be grounds—
(A) to discriminate (within the meaning of section 704(a) of the Civil Rights Act of 1964 ([42 U.S.C. 2000e–3(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–3/a&num=0&edition=prelim))) against the staff;
(B) to dismiss or discharge the staff; or
(C) for any other adverse personnel action against the staff.
**(c) Overtime Under Emergency Circumstances.—**
(1) Subject to paragraph (2), the Secretary may require nursing staff to work hours otherwise prohibited by subsection (a) if—
(A) the work is a consequence of an emergency that could not have been reasonably anticipated;
(B) the emergency is non-recurring and is not caused by or aggravated by the inattention of the Secretary or lack of reasonable contingency planning by the Secretary;
(C) the Secretary has exhausted all good faith, reasonable attempts to obtain voluntary workers;
(D) the nurse staff have critical skills and expertise that are required for the work; and
(E) the work involves work for which the standard of care for a patient assignment requires continuity of care through completion of a case, treatment, or procedure.
(2) Nursing staff may not be required to work hours under this subsection after the requirement for a direct role by the staff in responding to medical needs resulting from the emergency ends.
**(d) Nursing Staff Defined.—** In this section, the term “nursing staff” includes the following:
(1) A registered nurse.
(2) A licensed practical or vocational nurse.
(3) A nurse assistant appointed under this chapter or title 5.
(4) Any other nurse position designated by the Secretary for purposes of this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to subsection (b), if the Secretary determines it to be necessary in order to obtain or retain the services of nurses at any Department health-care facility, the Secretary may provide, in the case of nurses appointed under this chapter and employed at such facility, that such nurses who work two regularly scheduled 12-hour tours of duty within the period commencing at midnight Friday and ending at midnight the following Sunday shall be considered for all purposes (except computation of full-time equivalent employees for the purposes of determining compliance with personnel ceilings) to have worked a full 40-hour basic workweek.
**(b)**
(1) Basic and additional pay for a nurse who is considered under subsection (a) to have worked a full 40-hour basic workweek shall be subject to paragraphs (2) and (3).
(2) The hourly rate of basic pay for such a nurse for service performed as part of a regularly scheduled 12-hour tour of duty within the period commencing at midnight Friday and ending at midnight the following Sunday shall be derived by dividing the nurse’s annual rate of basic pay by 1,248.
(3)
(A) Such a nurse who performs a period of service in excess of such nurse’s regularly scheduled two 12-hour tours of duty is entitled to overtime pay under [section 7453(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7453/e&num=0&edition=prelim), or other applicable law, for officially ordered or approved service performed in excess of eight hours on a day other than a Saturday or Sunday or in excess of 24 hours within the period commencing at midnight Friday and ending at midnight the following Sunday.
(B) Except as provided in subparagraph (C), a nurse to whom this subsection is applicable is not entitled t
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7456
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Federal law — U.S. Code and appendices · legal_authorities
Page 1255
TITLE 38—VETERANS’ BENEFITS
§ 7459
ment. The amount of such bonus pay may not
exceed—
(A) $2,000 per year, in the case of an agree-
ment for two years,
(B) $3,000 per year, in the case of an agree-
ment for three years, and
(C) $4,000 per year, in the case of an agree-
ment for four years.
(2) In the case of an agreement for employ-
ment on less than a full-time basis, the amount
of bonus pay shall be pro-rated accordingly.
(c)(1) Except as provided in paragraph (2) of
this subsection, a bonus under this section shall
be paid in equal installments after each year of
service is completed throughout the period of
obligated service specified in the agreement.
(2)(A) The Secretary may make a payment in
an amount not in excess of 25 percent of the
total bonus in a lump sum at the time that the
period of obligated service commences under the
agreement.
(B) If the Secretary makes a lump-sum pay-
ment under subparagraph (A) of this paragraph,
the remaining balance of the bonus shall be paid
in equal installments after each year of service
is completed throughout the period of obligated
service specified in the agreement.
(d)(1) A bonus paid to any individual under
this section shall be in addition to any pay or al-
lowance to which the individual is entitled.
(2) The amount of a bonus paid under this sec-
tion shall not be considered to be basic pay for
the purposes of sections 5551, 5552, and 5595 of
title 5, chapters 81, 83, 84, and 87 of such title, or
any other provision of law creating an entitle-
ment to benefits based on basic pay.
(e) At least once each year the Secretary,
upon the recommendation of the Under Sec-
retary for Health, shall determine the specific
health-care facilities and clinical services, if
any, as to which there
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7459
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter—
**(a)** The term “person” includes one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11, or receivers.
**(b)** The term “employer” means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in [section 2102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2102&num=0&edition=prelim)), or (2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under [section 501(c) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c&num=0&edition=prelim), except that during the first year after March 24, 1972, persons having fewer than twenty-five employees (and their agents) shall not be considered employers.
**(c)** The term “employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person.
**(d)** The term “labor organization” means a labor organization engaged in an industry affecting commerce, and any
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000e
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Federal law — U.S. Code and appendices · legal_authorities
Page 5261
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2000e
part of the Civil Rights Act of 1964, title VI of which
comprises this subchapter.
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
‘‘Secretary of Education’’ substituted for ‘‘Depart-
ment of Health, Education, and Welfare’’ in subsec. (d)
pursuant to sections 301 and 507 of Pub. L. 96–88, which
are classified to sections 3441 and 3507 of Title 20, Edu-
cation, and which transferred functions and offices (re-
lating to education) of Department and Secretary of
Health, Education, and Welfare to Secretary of Edu-
cation.
§ 2000d–7. Civil rights remedies equalization
(a) General provision
(1) A State shall not be immune under the
Eleventh Amendment of the Constitution of the
United States from suit in Federal court for a
violation of section 504 of the Rehabilitation Act
of 1973 [29 U.S.C. 794], title IX of the Education
Amendments of 1972 [20 U.S.C. 1681 et seq.], the
Age Discrimination Act of 1975 [42 U.S.C. 6101 et
seq.], title VI of the Civil Rights Act of 1964 [42
U.S.C. 2000d et seq.], or the provisions of any
other Federal statute prohibiting discrimination
by recipients of Federal financial assistance.
(2) In a suit against a State for a violation of
a statute referred to in paragraph (1), remedies
(including remedies both at law and in equity)
are available for such a violation to the same
extent as such remedies are available for such a
violation in the suit against any public or pri-
vate entity other than a State.
(b) Effective date
The provisions of subsection (a) shall take ef-
fect with respect to violations that occur in
whole or in part after October 21, 1986.
(Pub. L. 99–506, title X, § 1003, Oct. 21, 1986, 100
Stat. 1845.)
Editorial Notes
REFERENCES IN
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2000e
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 2000e. This identifies an authority to review, not proof of applicability.