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38 U.S.C. § 7457On-call pay

submitted 35 years ago by Pub. L. 102-40 to r/title-38-VETERANS-BENEFITS · 259 words · no verdicts yet

in plain englishAI-generated · not legal advice

Certain VA health workers get paid for scheduled on-call time, not just when called in. This applies to specific job categories in work units where on-call pay is allowed. A grandfather rule protects employees who had a better standby-pay rate before 1988.

(a) The Secretary can pay an employee covered by this section for time spent on scheduled on-call duty — but not for any time the employee is actually called back in to work, which gets paid separately. (b) This applies only to an employee who meets three conditions: the employee works in one of the job positions listed elsewhere in the law, or meets specific criteria for health-care personnel described in another section; the employee's work unit is one where on-call premium pay is allowed; and the employee is officially scheduled to be on call outside regular hours or on a federal holiday. (c) There's a protection for employees who were already getting a different kind of extra pay — "standby premium pay" under title 5 — as of May 20, 1988. As long as that employee stays in the same job and work unit and would still qualify for that old standby pay, the employee gets paid at whichever is higher: the old standby-pay rate the employee would have gotten if not scheduled on-call, or the on-call pay rate this section provides.
the actual law source: uscode.house.gov ↗public domain
(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.)

history & why it existsrecord from the source credit
  • 1991Enacted · Pub. L. 102-40 · 105 Stat. 236

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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