Us Code § 7459 - Nursing staff: special rules for overtime duty
Full text of Us Code United States Code § 7459 — Nursing staff: special rules for overtime duty, with citation guidance and answers to common questions.
§ 7459. Nursing staff: special rules for overtime duty
(a)
(b)
(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)
(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)
(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.
(Added Pub. L. 111–163, title VI, §602(a)(1), May 5, 2010, 124 Stat. 1172.)
SUBCHAPTER V—DISCIPLINARY AND GRIEVANCE PROCEDURES
About This Section
38 U.S.C. § 7459 is part of Title 38 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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