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. § 7457

On-call pay

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(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).(Added Pub. L. 102–40, title IV, § 401(b)(4), May 7, 1991, 105 Stat. 236.)Editorial NotesPrior 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.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2006–2024 · leading case: Leggitte v. United States, 104 Fed. Cl. 315 (Fed. Cl. 2012).
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Leggitte v. United States, 104 Fed. Cl. 315 (Fed. Cl. 2012). · cites it 2× “” 38 U.S.C. § 7457 (b)(3). “Administratively Uncontrollable Overtime,” on the other hand, provides for compensation to employees whose positions require substantial amounts of irregular overtime work and whose hours cannot be controlled administratively.”
Filosa v. United States, 70 Fed. Cl. 609 (Fed. Cl. 2006). · cites it 2× “§ 7453 (governing several types of premium pay for nurses, including mandatory on-call pay) with 38 U.S.C. § 7457 (authorizing on-call pay for social workers, dieticians, and vocational rehabilitation specialists as discretionary).”
Miller v. United States (Fed. Cl. 2015). · cites it 5× “The VA was correct in its 2011 action terminating this compensation and, instead, switching plaintiff to the 10 percent of overtime rate for on-call duty hours, pursuant to 38 U.S.C. § 7457 , which accurately covers her working conditions.”
Jarvis Pickron v. MSPB (Fed. Cir. 2024). “Jarvis that she would “receive ten percent of [her] applicable overtime rate for any scheduled on-call duty” per the rate set forth in 38 U.S.C. § 7457 . S.A. 63. The VA later suspended Ms.”
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