Title 38 — Veterans' BenefitsRelease 119-73

§7459 Nursing staff: special rules for overtime duty

Title 38 › Part PART V— - BOARDS, ADMINISTRATIONS, AND SERVICES › Chapter CHAPTER 74— - VETERANS HEALTH ADMINISTRATION—PERSONNEL › Subchapter SUBCHAPTER IV— - PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL › § 7459

Last updated Apr 6, 2026|Official source

Summary

The Secretary cannot make nursing staff work more than 40 hours in an administrative work week, or more than eight hours in a row. For staff covered under section 7456 the weekly limit is 24 hours, and for staff covered under section 7456 or 7456A the consecutive-hours limit is 12 hours. Nurses may choose to work extra hours. If they refuse, they cannot be fired, punished, or treated unfairly under laws against discrimination. The Secretary may only require extra hours in a true emergency that was not reasonably foreseeable, that does not keep happening and was not caused by poor planning, after all reasonable efforts to find volunteers fail, when the staff have needed skills, and when care must continue until a case, treatment, or procedure is finished. Nurses cannot be required to stay once their direct role in the emergency ends. “Nursing staff” means registered nurses, licensed practical or vocational nurses, nurse assistants appointed under this chapter or title 5, and any other nurse jobs the Secretary names.

Full Legal Text

Title 38, §7459

Veterans' Benefits — Source: USLM XML via OLRC

(a)Except as provided in subsection (c), the Secretary may not require nursing staff to work more than 40 hours (or 24 hours if such staff is covered under section 7456 of this title) in an administrative work week or more than eight consecutive hours (or 12 hours if such staff is covered under section 7456 or 7456A of this title).

(b)(1)Nursing staff may on a voluntary basis elect to work hours otherwise prohibited by subsection (a).

(2)The refusal of nursing staff to work hours prohibited by subsection (a) shall not be grounds—

(A)to discriminate (within the meaning of section 704(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–3(a))) against the staff;

(B)to dismiss or discharge the staff; or

(C)for any other adverse personnel action against the staff.

(c)(1)Subject to paragraph (2), the Secretary may require nursing staff to work hours otherwise prohibited by subsection (a) if—

(A)the work is a consequence of an emergency that could not have been reasonably anticipated;

(B)the emergency is non-recurring and is not caused by or aggravated by the inattention of the Secretary or lack of reasonable contingency planning by the Secretary;

(C)the Secretary has exhausted all good faith, reasonable attempts to obtain voluntary workers;

(D)the nurse staff have critical skills and expertise that are required for the work; and

(E)the work involves work for which the standard of care for a patient assignment requires continuity of care through completion of a case, treatment, or procedure.

(2)Nursing staff may not be required to work hours under this subsection after the requirement for a direct role by the staff in responding to medical needs resulting from the emergency ends.

(d)In this section, the term “nursing staff” includes the following:

(1)A registered nurse.

(2)A licensed practical or vocational nurse.

(3)A nurse assistant appointed under this chapter or title 5.

(4)Any other nurse position designated by the Secretary for purposes of this section.

Reference

Citations & Metadata

Citation

38 U.S.C. § 7459

Title 38 — Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73