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

Summary

The Secretary can pay an employee an on-call pay rate set in section 7453(h) of this title, except for any time the employee is called back to work. This applies to workers in certain listed positions who are in work units where on-call premium pay is allowed and who are officially scheduled to be on call outside their regular hours or on a federal holiday. An employee who was getting standby premium pay under section 5545 of title 5 on May 20, 1988, and who stays in the same job and unit, must be paid for on-call time the higher of two amounts: the standby pay they would get if not scheduled to be on call, or the on-call pay under subsection (a).

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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