
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC7456]

 
                      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. 7456. Nurses: special rules for weekend duty

    (a) 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.
    (b)(1) 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).
    (2) 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.
    (3)(A) 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.
    (B) 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.
    (C) 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.
    (c) A nurse described in subsection (b)(1) who is absent on approved 
sick leave or annual leave during a regularly scheduled 12-hour tour of 
duty shall be charged for such leave at a rate of five hours of leave 
for three hours of absence.
    (d) The Secretary shall prescribe regulations for the implementation 
of this section.

(Added Pub. L. 102-40, title IV, Sec. 401(b)(4), May 7, 1991, 105 Stat. 
235.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 4107(h) 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.
