2013 US Code
Title 38 - Veterans’ Benefits
Part V - BOARDS, ADMINISTRATIONS, AND SERVICES (§§ 7101 - 7907)
Chapter 74 - VETERANS HEALTH ADMINISTRATION-PERSONNEL (§§ 7401 - 7474)
Subchapter IV - PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL (§§ 7451 - 7459)
Section 7456A - Nurses: alternate work schedules
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 38 - VETERANS' BENEFITS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION-PERSONNEL SUBCHAPTER IV - PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL Sec. 7456A - Nurses: alternate work schedules |
Contains | section 7456A |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 108-445, §4(a)(1), Dec. 3, 2004, 118 Stat. 2643; amended Pub. L. 111-163, title VI, §602(c), May 5, 2010, 124 Stat. 1173. |
Statutes at Large References | 118 Stat. 2643 124 Stat. 1173 |
Public Law References | Public Law 108-445, Public Law 111-163 |
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(a)
(b)
(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 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)
(d) 9-
(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)
(f)
(Added Pub. L. 108–445, §4(a)(1), Dec. 3, 2004, 118 Stat. 2643; amended Pub. L. 111–163, title VI, §602(c), May 5, 2010, 124 Stat. 1173.)
AMENDMENTS2010—Subsec. (b). Pub. L. 111–163, §602(c)(2)(A), substituted "72/80" for "36/40" in heading.
Subsec. (b)(1)(A). Pub. L. 111–163, §602(c)(1), substituted "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." for "three regularly scheduled 12-hour tours of duty within a work week shall be considered for all purposes to have worked a full 40-hour basic work week."
Subsec. (b)(2)(A). Pub. L. 111–163, §602(c)(2)(B), substituted "80-hour pay period" for "40-hour basic work week".
Subsec. (b)(3). Pub. L. 111–163, §602(c)(2)(C), struck out "regularly" before "scheduled 12-hour tour".
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