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38 U.S.C. § 7456A — Nurses: alternate work schedules
Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability.—** This section applies to registered nurses appointed under this chapter.
**(b) 72/80 Work Schedule.—**
(1)
(A) Subject to paragraph (2), if the Secretary determines it to be necessary in order to obtain or retain the services of registered nurses at any Department health-care facility, the Secretary may provide, in the case of nurses employed at such facility, that such nurses who work six regularly scheduled 12-hour tours of duty within a 14-day period shall be considered for all purposes to have worked a full 80-hour pay period.
(B) A nurse who works under the authority in subparagraph (A) shall be considered a 0.90 full-time equivalent employee in computing full-time equivalent employees for the purposes of determining compliance with personnel ceilings.
(2)
(A) Basic and additional pay for a nurse who is considered under paragraph (1) to have worked a full 80-hour pay period shall be subject to subparagraphs (B) and (C).
(B) The hourly rate of basic pay for a nurse covered by this paragraph for service performed as part of a regularly scheduled 36-hour tour of duty within the work week shall be derived by dividing the nurse’s annual rate of basic pay by 1,872.
(C) The Secretary shall pay overtime pay to a nurse covered by this paragraph who—
(i) performs a period of service in excess of such nurse’s regularly scheduled 36-hour tour of duty within an administrative work week;
(ii) for officially ordered or approved service, performs a period of service in excess of 8 hours on a day other than a day on which such nurse’s regularly scheduled 12-hour tour of duty falls;
(iii) performs a period of service in excess of 12 hours for any day included in the regularly scheduled 36-hour tour of duty work week; or
(i
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Source file: Laws/federal/codes/united-states-code/title-38/section-7456a-nurses-alternate-work-schedules--725a00f0be.md
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Source location: Title 38, Chapter 74, § 7456A; chapter-074-veterans-health-administration-personnel.md
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**(a) Applicability.—** This section applies to registered nurses appointed under this chapter.
**(b) 72/80 Work Schedule.—**
(1)
(A) Subject to paragraph (2), if the Secretary determines it to be necessary in order to obtain or retain the services of registered nurses at any Department health-care facility, the Secretary may provide, in the case of nurses employed at such facility, that such nurses who work six regularly scheduled 12-hour tours of duty within a 14-day period shall be considered for all purposes to have worked a full 80-hour pay period.
(B) A nurse who works under the authority in subparagraph (A) shall be considered a 0.90 full-time equivalent employee in computing full-time equivalent employees for the purposes of determining compliance with personnel ceilings.
(2)
(A) Basic and additional pay for a nurse who is considered under paragraph (1) to have worked a full 80-hour pay period shall be subject to subparagraphs (B) and (C).
(B) The hourly rate of basic pay for a nurse covered by this paragraph for service performed as part of a regularly scheduled 36-hour tour of duty within the work week shall be derived by dividing the nurse’s annual rate of basic pay by 1,872.
(C) The Secretary shall pay overtime pay to a nurse covered by this paragraph who—
(i) performs a period of service in excess of such nurse’s regularly scheduled 36-hour tour of duty within an administrative work week;
(ii) for officially ordered or approved service, performs a period of service in excess of 8 hours on a day other than a day on which such nurse’s regularly scheduled 12-hour tour of duty falls;
(iii) performs a period of service in excess of 12 hours for any day included in the regularly scheduled 36-hour tour of duty work week; or
(iv) performs a period of service in excess of 40 hours during an administrative work week.
(D) The Secretary may provide a nurse to whom this subsection applies with additional pay under [section 7453 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7453&num=0&edition=prelim) for any period included in a regularly scheduled 12-hour tour of duty.
(3) A nurse who works a work schedule described in this subsection who is absent on approved sick leave or annual leave during a scheduled 12-hour tour of duty shall be charged for such leave at a rate of ten hours of leave for every nine hours of absence.
**(c) Holiday Pay.—** A nurse working a work schedule under subsection (b) that includes a holiday designated by law or Executive order shall be eligible for holiday pay under [section 7453(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7453/d&num=0&edition=prelim) for any service performed by the nurse on such holiday under such section.
**(d) 9-Month Work Schedule for Certain Nurses.—**
(1) The Secretary may authorize a registered nurse appointed under [section 7405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7405&num=0&edition=prelim), with the nurse’s written consent, to work full time for nine months with 3 months off duty, within a fiscal year, and be paid at 75 percent of the full-time rate for such nurse’s grade for each pay period of such fiscal year.
(2) A nurse who works under the authority in paragraph (1) shall be considered a 0.75 full-time equivalent employee in computing full-time equivalent employees for the purposes of determining compliance with personnel ceilings.
(3) Work under this subsection shall be considered part-time service for purposes of computing benefits under chapters 83 and 84 of title 5.
(4) A nurse who works under the authority in paragraph (1) shall be considered a full-time employee for purposes of chapter 89 of title 5.
**(e) Notification of Modification of Benefits.—** The Secretary shall provide each employee with respect to whom an alternate work schedule under this section may apply written notice of the effect, if any, that the alternate work schedule will have on the employee’s health care premium, retirement, life insurance premium, probationary status, or other benefit or condition of employment. The notice shall be provided not later than 14 days before the employee consents to the alternate work schedule.
**(f) Regulations.—** The Secretary shall prescribe regulations to carry out this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary, upon the recommendation of the Under Secretary for Health, may employ, without regard to civil service or classification laws, rules, or regulations, personnel as follows:
(1) On a temporary full-time basis, part-time basis, or without compensation basis, persons in the following positions:
(A) Positions listed in [section 7401(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/1&num=0&edition=prelim).
(B) Positions listed in [section 7401(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/3&num=0&edition=prelim).
(C) Librarians.
(D) Other professional, clerical, technical, and unskilled personnel (including interns, residents, trainees, and students in medical support programs).
(2) On a fee basis, persons in the following positions:
(A) Positions listed in [section 7401(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/1&num=0&edition=prelim).
(B) Positions listed in [section 7401(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/3&num=0&edition=prelim).
(C) Other professional and technical personnel.
**(b)** Personnel employed under subsection (a)—
(1) shall be in addition to personnel described in section 7306, paragraphs (1) and (3) of section 7401, and [section 7408 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7408&num=0&edition=prelim); and
(2) shall be paid such rates of pay as the Secretary may prescribe.
**(c)**
(1) Temporary full-time appointments under this section of persons in positions listed in paragraphs (1) and (3) of [section 7401 of this title](https://uscode.house
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In addition to the rate of basic pay provided for nurses, a full-time nurse or part-time nurse shall receive additional pay as provided by this section.
**(b)** A nurse performing service, any part of which is within the period commencing at 6 postmeridian and ending at 6 antemeridian, shall receive additional pay for each hour of such service at a rate equal to 10 percent of the nurse’s hourly rate of basic pay if at least four hours of such service fall between 6 postmeridian and 6 antemeridian. When less than four hours of such service fall between 6 postmeridian and 6 antemeridian, the nurse shall be paid the differential for each hour of service performed between those hours.
**(c)** A nurse performing service, any part of which is within the period commencing at midnight Friday and ending at midnight Sunday, shall receive additional pay for each hour of such service at a rate equal to 25 percent of such nurse’s hourly rate of basic pay.
**(d)** A nurse performing service on a holiday designated by Federal statute or Executive order shall receive for each hour of such service the nurse’s hourly rate of basic pay, plus additional pay at a rate equal to such hourly rate of basic pay, for that holiday service, including overtime service. Any service required to be performed by a nurse on such a designated holiday shall be deemed to be a minimum of two hours in duration.
**(e)**
(1) A nurse performing officially ordered or approved hours of service in excess of 40 hours in an administrative workweek, or in excess of eight consecutive hours, shall receive overtime pay for each hour of such additional service. The overtime rates shall be one and one-half times such nurse’s hourly rate of basic pay.
(2) For the purposes of this subsection, overtime must be o
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Federal law — U.S. Code and appendices · legal_authorities
Page 1253
TITLE 38—VETERANS’ BENEFITS
§ 7456A
fairs with a copy of any written statement provided to
the appropriate committees of the Congress that sets
forth the reasons for disapproval of any proposed in-
crease in rates of basic pay under this order.
SEC. 5. In the case of any other law authorizing an-
other agency to use the authority provided by section
7455 of title 38, United States Code, the Director of the
Office of Personnel Management shall exercise the
same authority in the same manner as provided for
with respect to section 7455 under sections 1 through 4
of this order, and the head of such other agency shall
provide information requested by the Director as pro-
vided for in section 3 of this order.
SEC. 6. Executive Order No. 12438 of August 23, 1983, is
revoked.
SEC. 7. This order shall be effective upon publication
in the Federal Register.
GEORGE BUSH.
§ 7456. Nurses: special rules for weekend duty
(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 Depart-
ment 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 com-
mencing at midnight Friday and ending at mid-
night the following Sunday shall be considered
for all purposes (except computation of full-time
equivalent employees for the purposes of deter-
mining 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 hour
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