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38 U.S.C. § 7457 — On-call pay
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary may pay an employee to whom this section applies pay at the rate provided in [section 7453(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7453/h&num=0&edition=prelim) except for such time as the employee may be called back to work.
**(b)** This section applies to an employee who meets each of the following criteria:
(1) The employee is employed in a position listed in paragraph (3) of [section 7401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401&num=0&edition=prelim) or meets the criteria specified in clauses (i), (ii), and (iii) of [section 7455(a)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7455/a/2/B&num=0&edition=prelim).
(2) The employee is employed in a work unit for which on-call premium pay is authorized.
(3) The employee is officially scheduled to be on call outside such employee’s regular hours or on a holiday designated by Federal statute or Executive order.
**(c)** An employee who is eligible for on-call pay under subsection (a) and who was receiving standby premium pay pursuant to [section 5545 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5545&num=0&edition=prelim) on May 20, 1988, shall, as long as such employee is employed in the same position and work unit and remains eligible for such standby pay, receive pay for any period of on-call duty at the rate equal to the greater of—
(1) the rate of pay which such employee would receive if being paid the rate of standby pay pursuant to such section that such individual would be entitled to receive if such individual were not scheduled to be on call instead, or
(2) the rate of pay which such emplo
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7457
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Stable record: federal_law:legal_authorities:record_usc_9798acc26f491ee5f3b9fe71
Source file: Laws/federal/codes/united-states-code/title-38/section-7457-on-call-pay--bbbff87410.md
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Source location: Title 38, Chapter 74, § 7457; chapter-074-veterans-health-administration-personnel.md
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**(a)** The Secretary may pay an employee to whom this section applies pay at the rate provided in [section 7453(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7453/h&num=0&edition=prelim) except for such time as the employee may be called back to work.
**(b)** This section applies to an employee who meets each of the following criteria:
(1) The employee is employed in a position listed in paragraph (3) of [section 7401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401&num=0&edition=prelim) or meets the criteria specified in clauses (i), (ii), and (iii) of [section 7455(a)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7455/a/2/B&num=0&edition=prelim).
(2) The employee is employed in a work unit for which on-call premium pay is authorized.
(3) The employee is officially scheduled to be on call outside such employee’s regular hours or on a holiday designated by Federal statute or Executive order.
**(c)** An employee who is eligible for on-call pay under subsection (a) and who was receiving standby premium pay pursuant to [section 5545 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5545&num=0&edition=prelim) on May 20, 1988, shall, as long as such employee is employed in the same position and work unit and remains eligible for such standby pay, receive pay for any period of on-call duty at the rate equal to the greater of—
(1) the rate of pay which such employee would receive if being paid the rate of standby pay pursuant to such section that such individual would be entitled to receive if such individual were not scheduled to be on call instead, or
(2) the rate of pay which such employee is entitled to receive including on-call premium pay described in subsection (a).
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Federal law — U.S. Code and appendices · legal_authorities
There may be appointed by the Secretary such personnel as the Secretary may find necessary for the health care of veterans (in addition to those in the Office of the Under Secretary for Health appointed under [section 7306 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7306&num=0&edition=prelim)), as follows:
(1) Physicians, dentists, podiatrists, chiropractors, optometrists, registered nurses, physician assistants, and expanded-function dental auxiliaries.
(2) Scientific and professional personnel, such as microbiologists, chemists, and biostatisticians.
(3) Audiologists, licensed hearing aid specialists, speech pathologists, and audiologist-speech pathologists, biomedical engineers, certified or registered respiratory therapists, dietitians, licensed physical therapists, licensed practical or vocational nurses, nurse assistants, medical instrument technicians, medical records administrators or specialists, medical records technicians, medical technologists, dental hygienists, dental assistants, nuclear medicine technologists, occupational therapists, occupational therapy assistants, kinesiotherapists, orthotist-prosthetists, pharmacists, pharmacy technicians, physical therapy assistants, prosthetic representatives, psychologists, diagnostic radiologic technologists, therapeutic radiologic technologists, social workers, marriage and family therapists, licensed professional mental health counselors, blind rehabilitation specialists, blind rehabilitation outpatient specialists, statisticians, economists, informaticists, data scientists, and and 11 So in original. such other classes of health care occupations as the Secretary considers necessary for the recruitment and retention needs of the Department subject to the followin
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7401
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided by subsection (b) of this section, nightwork is regularly scheduled work between the hours of 6:00 p.m. and 6:00 a.m., and includes—
(1) periods of absence with pay during these hours due to holidays; and
(2) periods of leave with pay during these hours if the periods of leave with pay during a pay period total less than 8 hours.
Except as otherwise provided by subsection (c) of this section, an employee is entitled to pay for nightwork at his rate of basic pay plus premium pay amounting to 10 percent of that basic rate. This subsection and subsection (b) of this section do not modify [section 5141 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5141&num=0&edition=prelim), or other statute authorizing additional pay for nightwork.
**(b)** The head of an agency may designate a time after 6:00 p.m. and a time before 6:00 a.m. as the beginning and end, respectively, of nightwork for the purpose of subsection (a) of this section, at a post outside the United States where the customary hours of business extend into the hours of nightwork provided by subsection (a) of this section.
**(c)** The head of an agency, with the approval of the Office of Personnel Management, may provide that—
(1) an employee in a position requiring him regularly to remain at, or within the confines of, his station during longer than ordinary periods of duty, a substantial part of which consists of remaining in a standby status rather than performing work, shall receive premium pay for this duty on an annual basis instead of premium pay provided by other provisions of this subchapter, except for irregular, unscheduled overtime duty in excess of his regularly scheduled weekly tour. Premium pay under this paragraph is determined a
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5545
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1)
(A) The annual rates or ranges of rates of basic pay for positions provided in section 11 So in original. Probably should be “sections”. 7306 and 7401(4) of this title shall be prescribed from time to time by Executive order as authorized by chapter 53 of title 5 or as otherwise authorized by law.
(B) [Section 5377 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5377&num=0&edition=prelim) shall apply to a position under section 7306 or 7401(4) of this title as if such position were included in the definition of “position” in [section 5377(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5377/a&num=0&edition=prelim).
(2)
(A) The pay of physicians, podiatrists, optometrists, and dentists serving in positions to which an Executive order applies under paragraph (1) shall be determined under subchapter III of this chapter instead of such Executive order.
(B) The basic pay of registered nurses and physician assistants serving in positions to which an Executive order applies under paragraph (1) may be determined under subchapter IV of this chapter instead of such Executive order. Such positions shall not otherwise be covered by such subchapter, except with respect to bonuses under section 7452 or 7458 or special pay under subsection (g) of such section 7452.
(3)
(A) The rate of basic pay for a position to which an Executive order applies under paragraph (1) and is not described by paragraph (2) shall be set in accordance with [section 5382 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5382&num=0&edition=prelim) as if such position were a Senior Executive Service position (as such term is defined in [section 3132(a) of title 5](h
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7404
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Federal law — U.S. Code and appendices · legal_authorities
Page 1254
TITLE 38—VETERANS’ BENEFITS
§ 7457
(3) A nurse who works a work schedule de-
scribed in this subsection who is absent on ap-
proved 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 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 reg-
istered nurse appointed under section 7405 of
this title, 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 deter-
mining compliance with personnel ceilings.
(3) Work under this subsection shall be consid-
ered 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 em-
ployee for purposes of chapter 89 of title 5.
(e) NOTIFICATION
OF MODIFICATION
OF BENE-
FITS.—The Secretary shall provide each em-
ployee 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
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7457
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.