U.S. Code » Title 38 » Part PART V— BOARDS, ADMINISTRATIONS, AND SERVICES › Chapter CHAPTER 74— VETERANS HEALTH ADMINISTRATION—PERSONNEL › Subchapter SUBCHAPTER II— COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION

38 U.S.C. § 7425

Employees: laws not applicable

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(a) Physicians, dentists, nurses, and other health-care professionals employed by the Administration and appointed under section 7306, 7401(1), 7405, or 7406 of this chapter are not subject to the following provisions of law:(1) Section 413 of the Civil Service Reform Act of 1978.(2) Subchapter II of chapter 31 of title 5.(3) Subchapter VIII of chapter 33 of title 5.(4) Subchapter V of chapter 35 of title 5.(5) Subchapter II of chapter 43 of title 5.(6)Section 4507 of title 5.(7) Subchapter VIII of chapter 53 of title 5.(8) Subchapter V of chapter 75 of title 5.(b) Except as provided in subsection (c), and notwithstanding any other provision of law, no provision of title 5 or any other law pertaining to the civil service system which is inconsistent with any provision of section 7306 of this title or this chapter shall be considered to supersede, override, or otherwise modify such provision of that section or this chapter except to the extent that such provision of title 5 or of such other law specifically provides, by specific reference to a provision of this chapter, or such provision to be superseded, overridden, or otherwise modified.(c) Notwithstanding any other provision of this subchapter, the Administration shall provide to individuals appointed to any position described in section 7421(b) who are employed for compensation by the Administration, family and medical leave in the same manner and subject to the same limitations to the maximum extent practicable, as family and medical leave is provided under subchapter V of chapter 63 of title 5 to employees, as defined in section 6381(1) of such title.(Added Pub. L. 102–40, title IV, § 401(b)(3)(B), May 7, 1991, 105 Stat. 231; amended Pub. L. 116–283, div. A, title XI, § 1103(d)(1), Jan. 1, 2021, 134 Stat. 3887.)Editorial NotesReferences in Text

Section 413 of the Civil Service Reform Act of 1978, referred to in subsec. (a)(1), is section 413 of Pub. L. 95–454, title IV, Oct. 13, 1978, 92 Stat. 1175, which is set out as a note under section 3133 of Title 5, Government Organization and Employees.

Prior Provisions

Provisions similar to those in this section were contained in sections 4101(e) and 4119 of this title prior to the repeal of those sections as part of the complete revision of chapter 73 of this title by Pub. L. 102–40.

Amendments

2021—Subsec. (b). Pub. L. 116–283, § 1103(d)(1)(A), substituted “Except as provided in subsection (c), and notwithstanding” for “Notwithstanding”.

Subsec. (c). Pub. L. 116–283, § 1103(d)(1)(B), added subsec. (c).

Statutory Notes and Related SubsidiariesEffective Date of 2021 Amendment

Pub. L. 116–283, div. A, title XI, § 1103(d)(2), Jan. 1, 2021, 134 Stat. 3888, provided that: “The amendments made by paragraph (1) [amending this section] shall apply with respect to any event for which leave may be taken under subchapter V of chapter 63 of title 5, United States Code, occurring on or after October 1, 2020.”

Department of Veterans Affairs: Including Military Service in Determining Family and Medical Leave Eligibility

Pub. L. 118–31, div. A, title XI, § 1114(c), Dec. 22, 2023, 137 Stat. 432, provided that: “Not later than 6 months after the date of enactment of this Act [Dec. 22, 2023], the Secretary of Veterans Affairs shall modify the family and medical leave program provided by operation of section 7425(c) of title 38, United States Code, to conform with the requirements of the amendment made by subsection (a) [amending section 6381 of Title 5, Government Organization and Employees] with respect to military service in section 6381(1)(B)(ii) of title 5, United States Code, as added by such subsection.”

Notes of Decisions
Cited in 26 cases (4 in the last 5 years), 1993–2024 · leading case: Vores v. Merit Sys. Prot. Bd., 324 F. App'x 883 (Fed. Cir. 2009).
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Vores v. Merit Sys. Prot. Bd., 324 F. App'x 883 (Fed. Cir. 2009). · cites it 4× “In reaching that conclusion, we also relied on 38 U.S.C. § 7425 (b). That section provides: Notwithstanding any other provision of law, no provision of title 5 or any other law pertaining to the civil service system which is inconsistent with any provision of section 7306 of…”
Curry v. United States, 66 Fed. Cl. 593 (Fed. Cl. 2005). · cites it 6× “Registered nurses, PAs and EFDAs (but not hybrids) are also excepted from various subchapters of Title 5, see 38 U.S.C. § 7425 (a), none of which is at *596 issue here.”
Dr. R. Michael Harding v. Dep't of Vets. Affairs, 448 F.3d 1373 (Fed. Cir. 2006). · cites it 4× “1 The Board considered this argument and rejected it, relying primarily on the “notwithstanding” clause of 38 U.S.C. § 7425 (b), which states: Notwithstanding any other provision of law, no provision of title 5 .”
Mohammed Yunus v. Dep't of Vets. Affairs, 242 F.3d 1367 (Fed. Cir. 2001). “§ 7611 (b)(10); 38 U.S.C. § 7425 (a)(8) (providing that a physician in the Veterans Health Administration appointed pursuant to 38 U.”
Athey v. United States, 908 F.3d 696 (Fed. Cir. 2018). “See 38 U.S.C. § 7425 (b) ("Notwithstanding any other provision of law, no provision of title 5 or any other law pertaining to the civil service system which is inconsistent with any provision of section 7306 of this title or this chapter shall be considered to supersede,…”
Cerwonka v. Dep't of Vets. Affairs, 915 F.3d 1351 (Fed. Cir. 2019). · cites it 3× “this chapter except to the extent that such provision of title 5 .”
U.S. Dep't of Vets. Affairs v. Fed. Labor Relations Auth., 9 F.3d 123 (D.C. Cir. 1993). · cites it 3× “IV 1980) (recodified at 38 U.S.C. § 7425 )). See Veterans Administration Health-Care Amendments of 1980, Pub.”
Kay Coles James Dir. of the Off. of Pers. Mgmt. v. Elisabeth Von Zemenszky, & Merit Sys. Prot. Bd., 284 F.3d 1310 (Fed. Cir. 2002). “38 U.S.C. § 7425 (b). Based on section 7425(b), OPM contends that DVA’s “staff adjustment” procedures should trump the title 5 RIF provisions administered by OPM because the two systems are inconsistent.”
Earl P. Dick v. Dep't of Vets. Affairs, 290 F.3d 1356 (Fed. Cir. 2002). “Under 38 U.S.C. § 7425 (b), a DVA physician has no right of appeal if such appeal would be “inconsistent” with the Disciplinary Appeals Board procedure, the separate grievance system set up for such employees under 38 U.”
Curry v. United States, 81 Fed. Cl. 328 (Fed. Cl. 2008). “Section 7453(b) contains no eight-hour limit and calculates the premium differently from section 5545(a)—thus the former cannot be modified sub silentio by the latter, due to 38 U.S.C. § 7425 (b). See Curry, 66 Fed.Cl.”
Am. Fed'n of Gov't Employees v. Shinseki, 821 F. Supp. 2d 337 (D.D.C. 2011). · cites it 4× “at 8 (citing 38 U.S.C. § 7425 (b)). 6 The Court finds unpersuasive the Under Secretary’s conclusion that all unfair labor practice charges filed under 5 U.”
Richard A. Scarnati v. Dep't of Vets. Affairs, 344 F.3d 1246 (Fed. Cir. 2003). “Nor does § 3330a contain any language stating that it supersedes, overrides, or otherwise modifies 38 U.”
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— 38 U.S.C. § 7425(b) — 2 cases
Dr. R. Michael Harding v. Dep't of Vets. Affairs, 448 F.3d 1373 (Fed. Cir. 2006). “1 The Board considered this argument and rejected it, relying primarily on the “notwithstanding” clause of 38 U.S.C. § 7425 (b), which states: Notwithstanding any other provision of law, no provision of title 5 .”
Harding v. Dept. Of Vets. Affairs (Fed. Cir. 2006).
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