§7456A — Title 38 Veterans' Benefits | U.S. Code

Summary

Allows the Secretary to let registered nurses work alternate schedules at VA health facilities to recruit or keep staff. If a nurse works six scheduled 12-hour shifts in a 14-day period, those shifts count as a full 80-hour pay period. That nurse is treated as a 0.90 full-time equivalent for staffing limits. Pay rules apply: the hourly basic pay for service that is part of a regularly scheduled 36-hour work week is the nurse’s annual pay divided by 1,872. Overtime must be paid when a nurse works more than the regularly scheduled 36-hour tour in a work week; works more than 8 hours on an ordered or approved day that is not a regular 12-hour shift; works more than 12 hours on any day in the 36-hour tour week; or works more than 40 hours in an administrative work week. The Secretary may give extra pay for any time in a scheduled 12-hour shift. If a nurse on this schedule uses approved sick or annual leave during a scheduled 12-hour shift, the leave is charged at 10 hours for every 9 hours absent. Nurses who work such a schedule that falls on a legal or Executive holiday are eligible for holiday pay for work done that day. The Secretary can also allow, with the nurse’s written consent, a 9-month-on/3-month-off full-time plan in a fiscal year where the nurse is paid 75 percent of full-time pay each pay period. That nurse counts as a 0.75 full-time equivalent for staffing limits. That service is treated as part-time for retirement and disability benefits under chapters 83 and 84 of title 5, but as full-time for health insurance under chapter 89 of title 5. The Secretary must give each affected nurse a written notice at least 14 days before they agree, explaining any effects on health premiums, retirement, life insurance, probationary status, or other benefits or conditions. The Secretary must issue regulations to carry out these rules.

Title 38, §7456A

Veterans' Benefits — Source: USLM XML via OLRC

(a)This section applies to registered nurses appointed under this chapter.

(b)(1)(A)Subject to paragraph (2), if the Secretary determines it to be necessary in order to obtain or retain the services of registered nurses at any Department health-care facility, the Secretary may provide, in the case of nurses employed at such facility, that such nurses who work six regularly scheduled 12-hour tours of duty within a 14-day period shall be considered for all purposes to have worked a full 80-hour pay period.

(B)A nurse who works under the authority in subparagraph (A) shall be considered a 0.90 full-time equivalent employee in computing full-time equivalent employees for the purposes of determining compliance with personnel ceilings.

(2)(A)Basic and additional pay for a nurse who is considered under paragraph (1) to have worked a full 80-hour pay period shall be subject to subparagraphs (B) and (C).

(B)The hourly rate of basic pay for a nurse covered by this paragraph for service performed as part of a regularly scheduled 36-hour tour of duty within the work week shall be derived by dividing the nurse’s annual rate of basic pay by 1,872.

(C)The Secretary shall pay overtime pay to a nurse covered by this paragraph who—

(i)performs a period of service in excess of such nurse’s regularly scheduled 36-hour tour of duty within an administrative work week;

(ii)for officially ordered or approved service, performs a period of service in excess of 8 hours on a day other than a day on which such nurse’s regularly scheduled 12-hour tour of duty falls;

(iii)performs a period of service in excess of 12 hours for any day included in the regularly scheduled 36-hour tour of duty work week; or

(iv)performs a period of service in excess of 40 hours during an administrative work week.

(D)The Secretary may provide a nurse to whom this subsection applies with additional pay under section 7453 of this title for any period included in a regularly scheduled 12-hour tour of duty.

(3)A nurse who works a work schedule described in this subsection who is absent on approved sick leave or annual leave during a scheduled 12-hour tour of duty shall be charged for such leave at a rate of ten hours of leave for every nine hours of absence.

(c)A nurse working a work schedule under subsection (b) that includes a holiday designated by law or Executive order shall be eligible for holiday pay under section 7453(d) of this title for any service performed by the nurse on such holiday under such section.

(d)(1)The Secretary may authorize a registered nurse appointed under section 7405 of this title, with the nurse’s written consent, to work full time for nine months with 3 months off duty, within a fiscal year, and be paid at 75 percent of the full-time rate for such nurse’s grade for each pay period of such fiscal year.

(2)A nurse who works under the authority in paragraph (1) shall be considered a 0.75 full-time equivalent employee in computing full-time equivalent employees for the purposes of determining compliance with personnel ceilings.

(3)Work under this subsection shall be considered part-time service for purposes of computing benefits under chapters 83 and 84 of title 5.

(4)A nurse who works under the authority in paragraph (1) shall be considered a full-time employee for purposes of chapter 89 of title 5.

(e)The Secretary shall provide each employee with respect to whom an alternate work schedule under this section may apply written notice of the effect, if any, that the alternate work schedule will have on the employee’s health care premium, retirement, life insurance premium, probationary status, or other benefit or condition of employment. The notice shall be provided not later than 14 days before the employee consents to the alternate work schedule.

(f)The Secretary shall prescribe regulations to carry out this section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2010—Subsec. (b). Pub. L. 111–163, § 602(c)(2)(A), substituted “72/80” for “36/40” in heading. Subsec. (b)(1)(A). Pub. L. 111–163, § 602(c)(1), substituted “six regularly scheduled 12-hour tours of duty within a 14-day period shall be considered for all purposes to have worked a full 80-hour pay period.” for “three regularly scheduled 12-hour tours of duty within a work week shall be considered for all purposes to have worked a full 40-hour basic work week.” Subsec. (b)(2)(A). Pub. L. 111–163, § 602(c)(2)(B), substituted “80-hour pay period” for “40-hour basic work week”. Subsec. (b)(3). Pub. L. 111–163, § 602(c)(2)(C), struck out “regularly” before “scheduled 12-hour tour”.

§7456A Nurses: alternate work schedules

Summary

Title 38, §7456A

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata