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38 U.S.C. § 7456 — Nurses: special rules for weekend duty
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
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Source file: Laws/federal/codes/united-states-code/title-38/section-7456-nurses-special-rules-for-weekend-duty--1eb09555a4.md
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Source location: Title 38, Chapter 74, § 7456; chapter-074-veterans-health-administration-personnel.md
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**(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 to additional pay under [section 7453 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7453&num=0&edition=prelim), or other applicable law, for any period included in a regularly scheduled 12-hour tour of duty.
(C) If the Secretary determines it to be further necessary in order to obtain or retain the services of nurses at a particular facility, a nurse to whom this paragraph is applicable who performs service in excess of such nurse’s regularly scheduled two 12-hour tours of duty may be paid 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 all or part of the hours of officially ordered or approved service performed by such nurse in excess of 40 hours during an administrative workweek.
**(c)** The Secretary shall prescribe regulations for the implementation of this section.
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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
**(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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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
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7456
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