---
kind: "section"
citation: "38 U.S.C. § 7459"
title: "38"
title_heading: "Veterans’ Benefits"
number: "7459"
heading: "Nursing staff: special rules for overtime duty"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/7459"
units:
  - "Part V — Boards, Administrations, and Services"
  - "Chapter 74 — Veterans Health Administration—personnel"
  - "Subchapter IV — Pay for Nurses and Other Health-Care Personnel"
---

# §7459. Nursing staff: special rules for overtime duty

- (a) **Limitation.—** Except as provided in [subsection (c)](#c), the [Secretary](/usc/38/101.md?p=1) 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](/usc/38/7456.md)) in an administrative work week or more than eight consecutive hours (or 12 hours if such staff is covered under section [7456](/usc/38/7456.md) or [7456A](/usc/38/7456A.md) of this title).
- (b) **Voluntary Overtime.—**
  - (1) Nursing staff may on a voluntary basis elect to work hours otherwise prohibited by [subsection (a)](#a).
  - (2) The refusal of nursing staff to work hours prohibited by [subsection (a)](#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)](/usc/42/2000e–3.md?p=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)](#c-2), the [Secretary](/usc/38/101.md?p=1) may require nursing staff to work hours otherwise prohibited by [subsection (a)](#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](/usc/38/101.md?p=1) or lack of reasonable contingency planning by the [Secretary](/usc/38/101.md?p=1);
    - (C) the [Secretary](/usc/38/101.md?p=1) 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](/usc/38/101.md?p=1) for purposes of this section.

## Source credit

(Added Pub. L. 111–163, title VI, § 602(a)(1), May 5, 2010, 124 Stat. 1172.)