§7457 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary may pay eligible employees the on-call rate set in section 7453(h). That pay applies only when the worker is not called back to work. A worker is eligible only if they hold one of the listed job types or meet the listed job criteria, work in a unit where on-call premium pay is allowed, and are officially scheduled to be on call outside their normal hours or on a federal holiday. If a worker was receiving standby pay under title 5, section 5545 on May 20, 1988, and still holds the same job and unit and remains eligible, they must be paid for on-call duty the higher of (1) the standby rate they would have gotten under section 5545 if they were not scheduled to be on call, or (2) the on-call pay described above.

Title 38, §7457

Veterans' Benefits — Source: USLM XML via OLRC

(a)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.

(b)This section applies to an employee who meets each of the following criteria:

(1)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.

(2)The employee is employed in a work unit for which on-call premium pay is authorized.

(3)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.

(c)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—

(1)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

(2)the rate of pay which such employee is entitled to receive including on-call premium pay described in subsection (a).

Editorial Notes

Prior Provisions

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

§7457 On-call pay

Summary

Title 38, §7457

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

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