38 U.S.C. § 7425 — Employees: laws not applicable
submitted 35 years ago by Pub. L. 102-40 to r/title-38-VETERANS-BENEFITS · 277 words · no verdicts yet
Certain Administration health-care professionals are excluded from listed civil-service laws. Other inconsistent civil-service rules generally do not override this chapter, while family and medical leave must be provided as far as practicable.
(a) Physicians, dentists, nurses, and other health-care professionals employed by the Administration and appointed under sections 7306, 7401(1), 7405, or 7406 are not subject to: (1) section 413 of the Civil Service Reform Act of 1978; (2) subchapter II of title 5, chapter 31; (3) subchapter VIII of title 5, chapter 33; (4) subchapter V of title 5, chapter 35; (5) subchapter II of title 5, chapter 43; (6) section 4507 of title 5; (7) subchapter VIII of title 5, chapter 53; or (8) subchapter V of title 5, chapter 75.
(b) Unless subsection (c) provides otherwise, and despite other law, a title 5 or other civil-service provision that conflicts with section 7306 or this chapter does not supersede, override, or modify it unless the other provision specifically refers to the provision of this chapter or specifically says it is being superseded, overridden, or modified.
(c) Despite this subchapter, the Administration must provide family and medical leave to compensated employees appointed to positions described in section 7421(b), as far as practicable in the same way and with the same limits as leave under title 5, chapter 63, subchapter V, for employees defined in section 6381(1).
Physicians, dentists, nurses, and other health-care professionals employed by the Administration and appointed under section 7306, 7401(1), 7405, or 7406 of this chapter are not subject to the following provisions of law:
Section 413 of the Civil Service Reform Act of 1978.
Subchapter II of chapter 31 of title 5.
Subchapter VIII of chapter 33 of title 5.
Subchapter V of chapter 35 of title 5.
Subchapter II of chapter 43 of title 5.
Subchapter VIII of chapter 53 of title 5.
Subchapter V of chapter 75 of title 5.
Except as provided in subsection (c), and notwithstanding any other provision of law, no provision of title 5 or any other law pertaining to the civil service system which is inconsistent with any provision of section 7306 of this title or this chapter shall be considered to supersede, override, or otherwise modify such provision of that section or this chapter except to the extent that such provision of title 5 or of such other law specifically provides, by specific reference to a provision of this chapter, or such provision to be superseded, overridden, or otherwise modified.
Notwithstanding any other provision of this subchapter, the Administration shall provide to individuals appointed to any position described in section 7421(b) who are employed for compensation* by the Administration, family and medical leave in the same manner and subject to the same limitations to the maximum extent practicable, as family and medical leave is provided under subchapter V of chapter 63 of title 5 to employees, as defined in section 6381(1) of such title.
Source credit: (Added Pub. L. 102–40, title IV, § 401(b)(3)(B), May 7, 1991, 105 Stat. 231; amended Pub. L. 116–283, div. A, title XI, § 1103(d)(1), Jan. 1, 2021, 134 Stat. 3887.)
- 1991Enacted · Pub. L. 102-40 · 105 Stat. 231
- 2021Amended · Pub. L. 116-283 · 134 Stat. 3887
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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