Title 38 — Veterans’ Benefits
Part V · Chapter 74 — Veterans Health Administration—Personnel
§ 7459. Nursing staff: special rules for overtime duty
Statutory text
Limitation.—
Except as provided in subsection (c), the Secretary may not require nursing staff to work more than 40 hours (or 24 hours if such staff is covered under section 7456 of this title) in an administrative work week or more than eight consecutive hours (or 12 hours if such staff is covered under section 7456 or 7456A of this title).
Voluntary Overtime.—
Nursing staff may on a voluntary basis elect to work hours otherwise prohibited by subsection (a).
The refusal of nursing staff to work hours prohibited by subsection (a) shall not be grounds—
to discriminate (within the meaning of section 704(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–3(a))) against the staff;
to dismiss or discharge the staff; or
for any other adverse personnel action against the staff.
Overtime Under Emergency Circumstances.—
Subject to paragraph (2), the Secretary may require nursing staff to work hours otherwise prohibited by subsection (a) if—
the work is a consequence of an emergency that could not have been reasonably anticipated;
the emergency is non-recurring and is not caused by or aggravated by the inattention of the Secretary or lack of reasonable contingency planning by the Secretary;
the Secretary has exhausted all good faith, reasonable attempts to obtain voluntary workers;
the nurse staff have critical skills and expertise that are required for the work; and
the work involves work for which the standard of care for a patient assignment requires continuity of care through completion of a case, treatment, or procedure.
Nursing staff may not be required to work hours under this subsection after the requirement for a direct role by the staff in responding to medical needs resulting from the emergency ends.
Nursing Staff Defined.—
In this section, the term “nursing staff” includes the following:
A registered nurse.
A licensed practical or vocational nurse.
A nurse assistant appointed under this chapter or title 5.
Any other nurse position designated by the Secretary for purposes of this section.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Caregivers and Veterans Omnibus Health Services Act of 2010
Pub. L. 111–163 title VI § 602(a)(1) · 124 Stat. 1130
Enacted · 38 U.S.C. § 7459
(Added Pub. L. 111–163, title VI, § 602(a)(1), May 5, 2010, 124 Stat. 1172.)
Source evidence
Code source credit
(Added Pub. L. 111–163, title VI, § 602(a)(1), May 5, 2010, 124 Stat. 1172.)Enacted provision · exact public law section
(1) In general.— Subchapter IV of chapter 74 is amended by adding at the end the following new section: “§ 7459. Nursing staff: special rules for overtime duty “(a) Limitation.— Except as provided in subsection (c), the Secretary may not require nursing staff to work more than 40 hours (or 24 hours if such staff is covered under section 7456 of this title) in an administrative work week or more than eight consecutive hours (or 12 hours if such staff is covered under section 7456 or 7456A of this title). “(b) Voluntary Overtime.— (1) Nursing staff may on a voluntary basis elect to work hours otherwise prohibited by subsection (a). “(2) The refusal of nursing staff to work hours prohibited by subsection (a) shall not be grounds— “(A) to discriminate (within the meaning of section 704(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–3(a))) against the staff; “(B) to dismiss or discharge the staff; or “(C) for any other adverse personnel action against the staff. “(c) Overtime Under Emergency Circumstances.— (1) Subject to paragraph (2), the Secretary may require nursing staff to work hours otherwise prohibited by subsection (a) if— “(A) the work is a consequence of an emergency that could not have been reasonably anticipated; “(B) the emergency is non-recurring and is not caused by or aggravated by the inattention of the Secretary or lack of reasonable contingency planning by the Secretary; “(C) the Secretary has exhausted all good faith, reasonable attempts to obtain voluntary workers; “(D) the nurse staff have critical skills and expertise that are required for the work; and “(E) the work involves work for which the standard of care for a patient assignment requires continuity of care through completion of a case, treatment, or procedure. “(2) Nursing staff may not be required to work hours under this subsection after the requirement for a direct role by the staff in responding to medical needs resulting from the emergency ends. “(d) Nursing Staff Defined.— In this section, the term ‘nursing staff’ includes the following: “(1) A registered nurse. “(2) A licensed practical or vocational nurse. “(3) A nurse assistant appointed under this chapter or title 5. “(4) Any other nurse position designated by the Secretary for purposes of this section.” .
1 of 1 references resolved to an enrolled provision
Credits
(Added Pub. L. 111–163, title VI, § 602(a)(1), , 124 Stat. 1172.)