38 U.S.C. § 7456 — Nurses: special rules for weekend duty
submitted 35 years ago by Pub. L. 102-40 to r/title-38-VETERANS-BENEFITS · 409 words · no verdicts yet
To recruit or retain nurses, the Secretary may treat two scheduled 12-hour weekend shifts as a full 40-hour workweek. The section sets the hourly calculation, overtime rules, exceptions, and required regulations.
(a) If necessary to obtain or retain nurses at a Department* facility, the Secretary* may provide that nurses appointed under this chapter who work two scheduled 12-hour shifts from midnight Friday through midnight Sunday count for all purposes as working a full 40-hour basic week, except when calculating full-time-equivalent employees for personnel ceilings. (b)(1) Their pay follows (2) and (3). (2) Hourly basic pay for service in those weekend shifts equals annual basic pay divided by 1,248. (3)(A) Service beyond the two scheduled shifts earns overtime under section 7453(e) or other applicable law for officially ordered or approved service over eight hours on a non-Saturday/non-Sunday day or over 24 hours in that weekend period. (B) Except as (C) provides, no additional pay under section 7453 or other law is due for scheduled 12-hour-shift time. (C) If further necessary at a particular facility, the nurse may receive overtime for all or part of officially ordered or approved service over 40 hours in an administrative workweek. (c) The Secretary must issue implementing regulations.
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.
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).
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.
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, 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.
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, or other applicable law, for any period included in a regularly scheduled 12-hour tour of duty.
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, 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.
The Secretary shall prescribe regulations for the implementation of this section.
Source credit: (Added Pub. L. 102–40, title IV, § 401(b)(4), May 7, 1991, 105 Stat. 235; amended Pub. L. 111–163, title VI, § 602(b), May 5, 2010, 124 Stat. 1173.)
- 1991Enacted · Pub. L. 102-40 · 105 Stat. 235
- 2010Amended · Pub. L. 111-163 · 124 Stat. 1173
A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-40 on 1991-05-07.
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