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Title 38 — Veterans' BenefitsRelease 119-73

§7425 Employees: laws not applicable

Title 38 › Part PART V— - BOARDS, ADMINISTRATIONS, AND SERVICES › Chapter CHAPTER 74— - VETERANS HEALTH ADMINISTRATION—PERSONNEL › Subchapter SUBCHAPTER II— - COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION › § 7425

Last updated Apr 6, 2026|Official source

Summary

Physicians, dentists, nurses, and other health-care workers hired under sections 7306, 7401(1), 7405, or 7406 are not covered by eight specific civil‑service laws and rules (including section 413 of the Civil Service Reform Act and several subchapters of title 5). No rule in title 5 or any other civil‑service law can override section 7306 or this chapter unless it specifically names the provision it would change. The Administration must give paid appointees in positions described in section 7421(b) family and medical leave in the same way and with the same limits, as much as possible, as that leave is provided under subchapter V of chapter 63 of title 5 to employees in section 6381(1).

Full Legal Text

Title 38, §7425

Veterans' Benefits — Source: USLM XML via OLRC

(a)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:
(1)section 413 of the Civil Service Reform Act of 1978.
(2)Subchapter II of chapter 31 of title 5.
(3)Subchapter VIII of chapter 33 of title 5.
(4)Subchapter V of chapter 35 of title 5.
(5)Subchapter II of chapter 43 of title 5.
(6)Section 4507 of title 5.
(7)Subchapter VIII of chapter 53 of title 5.
(8)Subchapter V of chapter 75 of title 5.
(b)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of such other law specifically provides, by specific reference to a provision of this chapter, or such provision to be superseded, overridden, or otherwise modified.
(c)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 413 of the Civil Service Reform Act of 1978, referred to in subsec. (a)(1), is section 413 of Pub. L. 95–454, title IV, Oct. 13, 1978, 92 Stat. 1175, which is set out as a note under section 3133 of Title 5, Government Organization and Employees.

Prior Provisions

Provisions similar to those in this section were contained in section 4101(e) and 4119 of this title prior to the repeal of those sections as part of the complete revision of chapter 73 of this title by Pub. L. 102–40.

Amendments

2021—Subsec. (b). Pub. L. 116–283, § 1103(d)(1)(A), substituted “Except as provided in subsection (c), and notwithstanding” for “Notwithstanding”. Subsec. (c). Pub. L. 116–283, § 1103(d)(1)(B), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 Amendment Pub. L. 116–283, div. A, title XI, § 1103(d)(2), Jan. 1, 2021, 134 Stat. 3888, provided that: “The

Amendments

made by paragraph (1) [amending this section] shall apply with respect to any event for which leave may be taken under subchapter V of chapter 63 of title 5, United States Code, occurring on or after October 1, 2020.” Department of Veterans Affairs: Including Military Service in Determining Family and Medical Leave Eligibility Pub. L. 118–31, div. A, title XI, § 1114(c), Dec. 22, 2023, 137 Stat. 432, provided that: “Not later than 6 months after the date of enactment of this Act [Dec. 22, 2023], the Secretary of Veterans Affairs shall modify the family and medical leave program provided by operation of section 7425(c) of title 38, United States Code, to conform with the requirements of the amendment made by subsection (a) [amending section 6381 of Title 5, Government Organization and Employees] with respect to military service in section 6381(1)(B)(ii) of title 5, United States Code, as added by such subsection.”

Reference

Citations & Metadata

Citation

38 U.S.C. § 7425

Title 38 — Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73