---
kind: "section"
citation: "38 U.S.C. § 7457"
title: "38"
title_heading: "Veterans’ Benefits"
number: "7457"
heading: "On-call pay"
release: "119-102"
url: "https://uscodex.org/usc/38/7457"
units:
  - "Part V — Boards, Administrations, and Services"
  - "Chapter 74 — Veterans Health Administration—personnel"
  - "Subchapter IV — Pay for Nurses and Other Health-Care Personnel"
---

# §7457. On-call pay

- (a) The [Secretary](/usc/38/101.md?p=1) may [pay](/usc/38/7297.md?p=a-3) an [employee](/usc/38/4303.md?p=3) to whom this section applies [pay](/usc/38/7297.md?p=a-3) at the rate provided in [section 7453(h) of this title](/usc/38/7453.md?p=h) except for such time as the [employee](/usc/38/4303.md?p=3) may be called back to work.
- (b) This section applies to an [employee](/usc/38/4303.md?p=3) who meets each of the following criteria:
  - (1) The [employee](/usc/38/4303.md?p=3) is employed in a position listed in paragraph (3) of [section 7401 of this title](/usc/38/7401.md) or meets the criteria specified in clauses (i), (ii), and (iii) of [section 7455(a)(2)(B) of this title](/usc/38/7455.md?p=a-2-B).
  - (2) The [employee](/usc/38/4303.md?p=3) is employed in a work unit for which on-call premium [pay](/usc/38/7297.md?p=a-3) is authorized.
  - (3) The [employee](/usc/38/4303.md?p=3) is officially scheduled to be on call outside such [employee](/usc/38/4303.md?p=3)’s regular hours or on a holiday designated by Federal statute or Executive order.
- (c) An [employee](/usc/38/4303.md?p=3) who is eligible for on-call [pay](/usc/38/7297.md?p=a-3) under [subsection (a)](#a) and who was receiving standby premium [pay](/usc/38/7297.md?p=a-3) pursuant to [section 5545 of title 5](/usc/5/5545.md) on May 20, 1988, shall, as long as such [employee](/usc/38/4303.md?p=3) is employed in the same position and work unit and remains eligible for such standby [pay](/usc/38/7297.md?p=a-3), receive [pay](/usc/38/7297.md?p=a-3) for any period of on-call duty at the rate equal to the greater of—
  - (1) the rate of [pay](/usc/38/7297.md?p=a-3) which such [employee](/usc/38/4303.md?p=3) would receive if being paid the rate of standby [pay](/usc/38/7297.md?p=a-3) 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](/usc/38/7297.md?p=a-3) which such [employee](/usc/38/4303.md?p=3) is entitled to receive including on-call premium [pay](/usc/38/7297.md?p=a-3) described in [subsection (a)](#a).

## Source credit

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

## Notes

### 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.