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LegalText 38 U.S.C. § 7456 Nurses: special rules for weekend duty us united_states_code code_section 38 VETERANS BENEFITS 74 VETERANS HEALTH ADMINISTRATION—PERSONNEL 7456 38 U.S.C. § 7456 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip /us/usc/t38/s7456 data/legal/raw/us/code/title-38/usc38.xml 6d6e9ff0e6fd4198c9cace82ff16e18945080485bf3ef92f99279e7738865593 372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66 d8872d542e9dd7e89e58d1819a8edfcf8655f5554020e93721c1d33c4dd38e2a 2026-07-04 official
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38 U.S.C. § 7456 - Nurses: special rules for weekend duty

Text

(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 nurses annual rate of basic pay by 1,248.

(3) (A) Such a nurse who performs a period of service in excess of such nurses 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 nurses 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) The Secretary shall prescribe regulations for the implementation of this section.

(Added Pub. L. 10240, title IV, § 401(b)(4), May 7, 1991, 105 Stat. 235; amended Pub. L. 111163, title VI, § 602(b), May 5, 2010, 124 Stat. 1173.)

Notes

Editorial Notes

Prior ProvisionsProvisions 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. 10240.

Amendments2010—Subsecs. (c), (d). Pub. L. 111163 redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “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.”