38 U.S.C. § 7457 — On-call pay
submitted 35 years ago by Pub. L. 102-40 to r/title-38-VETERANS-BENEFITS · 259 words · no verdicts yet
The Secretary may pay eligible employees on-call pay except for time they are called back to work. Employees who received standby pay on May 20, 1988, receive the higher of two specified rates while they remain eligible.
(a) The Secretary* may pay an employee covered by this section at the rate in section 7453(h), except for time called back to work. (b) The employee must—(1) hold a position listed in section 7401(3), or meet section 7455(a)(2)(B)(i) through (iii); (2) work in a unit authorized to pay on-call premium pay; and (3) be officially scheduled on call outside regular hours or on a Federal-statute or Executive-order holiday. (c) An eligible employee who received title 5 section 5545 standby premium pay on May 20, 1988, continues, while in the same position and unit and still eligible for standby pay, to receive for on-call time the greater of—(1) the standby-pay rate the employee would have received if not scheduled on call; or (2) the rate including the subsection (a) on-call premium.
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.
This section applies to an employee who meets each of the following criteria:
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.
The employee is employed in a work unit for which on-call premium pay is authorized.
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.
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—
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
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.)
- 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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