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Title 38, Veterans' BenefitsRelease 119-102

§7457 On-call Pay

Title 38 › PART V — BOARDS, ADMINISTRATIONS, AND SERVICES › CHAPTER 74 — VETERANS HEALTH ADMINISTRATION—PERSONNEL › SUBCHAPTER IV — PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL › § 7457

Last updated Aug 21, 2026|Official source

Summary

The Secretary may pay certain employees the on‑call rate in section 7453(h) for time they are on call, except for periods when they are called back to work. It covers employees in specific jobs or who meet set criteria, who work in units where on‑call pay is allowed, and who are officially scheduled on call outside normal hours or on a federal holiday. If an employee was getting standby pay under section 5545 on May 20, 1988, and still holds the same job and unit and is still eligible, that employee must be paid for on‑call time the higher of the standby rate under section 5545 or the on‑call rate in subsection (a).

Full Legal Text

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).

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

38 U.S.C. § 7457

Title 38, Veterans' Benefits

Last Updated

Aug 21, 2026

Release point: 119-102