U.S. Code » 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

38 U.S.C. § 7454

Physician assistants and other health care professionals: additional pay

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(a) Physician assistants and expanded-function dental auxiliaries shall be entitled to additional pay on the same basis as provided for nurses in section 7453 of this title.(b)(1) When the Secretary determines it to be necessary in order to obtain or retain the services of individuals in positions listed in section 7401(3) of this title, the Secretary may, on a nationwide, local, or other geographic basis, pay persons employed in such positions additional pay on the same basis as provided for nurses in section 7453 of this title.(2) Health care professionals employed in positions referred to in paragraph (1) shall be entitled to additional pay on the same basis as provided for nurses in section 7453(c) of this title.(3) Employees appointed under section 7408 of this title performing service on a tour of duty, any part of which is within the period commencing at midnight Friday and ending at midnight Sunday, shall receive additional pay in addition to the rate of basic pay provided such employees for each hour of service on such tour at a rate equal to 25 percent of such employee’s hourly rate of basic pay.(c) The Secretary shall prescribe by regulation standards for compensation and payment under this section.(Added Pub. L. 102–40, title IV, § 401(b)(4), May 7, 1991, 105 Stat. 234; amended Pub. L. 107–135, title I, § 121(a), Jan. 23, 2002, 115 Stat. 2450; Pub. L. 108–170, title III, §§ 301(d), 303(a), Dec. 6, 2003, 117 Stat. 2057, 2058; Pub. L. 111–163, title VI, § 601(k)(2), May 5, 2010, 124 Stat. 1171.)Editorial NotesPrior Provisions

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

Amendments

2010—Subsec. (b)(3). Pub. L. 111–163 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Employees appointed under section 7408 of this title shall be entitled to additional pay on the same basis as provided for nurses in section 7453(c) of this title.”

2003—Subsec. (b)(1). Pub. L. 108–170, § 301(d), substituted “individuals in positions listed in section 7401(3) of this title,” for “certified or registered respiratory therapists, licensed physical therapists, licensed practical or vocational nurses, pharmacists, or occupational therapists,”.

Subsec. (b)(3). Pub. L. 108–170, § 303(a), added par. (3).

2002—Subsec. (b). Pub. L. 107–135 designated existing provisions as par. (1) and added par. (2).

Statutory Notes and Related SubsidiariesEffective Date of 2003 Amendment

Pub. L. 108–170, title III, § 303(b), Dec. 6, 2003, 117 Stat. 2058, provided that: “The amendment made by subsection (a) [amending this section] shall take effect with respect to the first pay period beginning on or after January 1, 2004.”

Effective Date of 2002 Amendment

Pub. L. 107–135, title I, § 121(b), Jan. 23, 2002, 115 Stat. 2450, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to pay periods beginning on or after the date of the enactment of this Act [Jan. 23, 2002].”

Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 2005–2026 · leading case: Adams v. United States, 93 Fed. Cl. 563 (Fed. Cl. 2010).
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Adams v. United States, 93 Fed. Cl. 563 (Fed. Cl. 2010). · cites it 9× “Since January 1, 2004, Plaintiffs have received “additional pay,” pursuant to 38 U.S.C. § 7454 (b)(3), 4 in the amount of 25% of their regular hourly wages for work performed on Saturdays, but not Sundays.”
Curry v. United States, 81 Fed. Cl. 328 (Fed. Cl. 2008). · cites it 4× “Hybrids are eligible to be designated to receive nighttime additional pay, 38 U.S.C. § 7454 (b)(1), and, beginning January 23, 2002, are entitled to receive weekend additional pay.”
Curry v. United States, 66 Fed. Cl. 593 (Fed. Cl. 2005). · cites it 5× “Physician assistants and EFDAs are entitled to this same additional nighttime and weekend pay, per 38 U.S.C. § 7454 (a). Hybrids are currently entitled to the same additional weekend pay under 38 U.”
Demons v. United States, 119 Fed. Cl. 345 (Fed. Cl. 2014). · cites it 9× “Since July 1, 2012, Plaintiffs have received “additional pay,” pursuant to 38 U.S.C. § 7454 (b)(3), 3 in the amount of 25% of their regular hourly wages, for work performed on Saturdays, but not Sundays.”
Adams v. United States, 99 Fed. Cl. 700 (Fed. Cl. 2011). · cites it 10× “2042 , 2058 (codified as amended at 38 U.S.C. § 7454 (b)(3) (2006)). When the employees elected to use authorized accrued “leave with pay” 3 on Saturdays, they were only compensated at their basic pay rate.”
Athey v. United States, 132 Fed. Cl. 683 (Fed. Cl. 2017). “§ 7464 (b); (6) ‘additional pa/ for night, Friday and Saturday hours for all ‘hybrid’ employees pursuant to 38 U.S.C. § 7454 (b) from January 1, 2002 forward to the date of Final Judgment issued by this Court; [[Image here]] (9) overtime pay under 38 U.”
Austin v. United States, 128 Fed. Cl. 314 (Fed. Cl. 2016). · cites it 2× “§ 7453 (d), 38 U.S.C. § 7454 (a) or 38 U.S.C. § 7454 (b)(1) for each and every hour of such service .”
Carson, Jr. v. United States, No. 18-1902 (Fed. Cl. Sept. 9, 2022). · cites it 14× “This litigation centers around Congress’s December 2003 amendment to 38 U.S.C. § 7454 (b), which added the following text: “(3) Employees appointed under section 7408 of this title shall be entitled to additional pay on the same basis as provided for nurses in section 7453(c) of…”
Garcia v. United States, No. 13-1024 (Fed. Cl. Apr. 9, 2015). · cites it 11× “Stern, United States Department of Justice, Civil Division, Washington, D.”
Austin v. United States, No. 13-446 (Fed. Cl. Sept. 2, 2021). · cites it 4× “§ 7453 (d), 38 U.S.C. § 7454 (a), and 38 U.S.C. § 7454 (b)(1).”
Crawley v. United States, No. 18-1804, 2021 WL 252838 (Fed. Cl. Jan. 25, 2021). · cites it 3× “) In 2019, the defendant moved under RCFC 12(b)(1) and (b)(6) to dismiss the Hines plaintiffs’ claims on two grounds: (1) 38 U.S.C. § 7454 (b)(1) is not money-mandating; and (2) the plaintiffs failed to allege that the VA had approved them for premium pay on the same basis as…”
ALLEN v. United States, No. 22-400 (Fed. Cl. June 1, 2026). “With respect to PAs, 38 U.S.C. § 7454 , which creates their entitlement to overtime pay “on the same basis as provided for nurses,” authorizes the VA Secretary to “prescribe by regulation standards for compensation and payments under this section.”
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