2022 US Code
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. 7457 - On-call pay

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Citation 38 U.S.C. § 7457 (2022)
Section Name §7457. On-call pay
Section Text

(a) The Secretary may pay an employee to whom this section applies pay at the rate provided in section 7453(h) of this title 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 or meets the criteria specified in clauses (i), (ii), and (iii) of section 7455(a)(2)(B) of this title.

(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 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).

Source Credit

(Added Pub. L. 102–40, title IV, §401(b)(4), May 7, 1991, 105 Stat. 236.)


Editorial Notes EDITORIAL NOTES PRIOR PROVISIONS

Provisions similar to those in this section were contained in section 4107(j) of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102–40.

Publication Title United States Code, 2018 Edition, Supplement 4, 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. 7457 - On-call pay
Contains section 7457
Date 2022
Laws In Effect As Of Date January 5, 2023
Positive Law Yes
Disposition standard
Statutes at Large References 105 Stat. 236
Public Law References Public Law 102-40
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