section 7453(h) of this title The Secretary may pay an employee to whom this section applies pay at the rate provided in except for such time as the employee may be called back to work.
This section applies to an employee who meets each of the following criteria:
section 7401 of this titlesection 7455(a)(2)(B) of this title The employee is employed in a position listed in paragraph (3) of or meets the criteria specified in clauses (i), (ii), and (iii) of .
The employee is employed in a work unit for which on-call premium pay is authorized.
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.
section 5545 of title 5 An employee who is eligible for on-call pay under subsection (a) and who was receiving standby premium pay pursuant to on , 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—
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
the rate of pay which such employee is entitled to receive including on-call premium pay described in subsection (a).
Pub. L. 102–40, title IV, § 401(b)(4)105 Stat. 236(Added , , .)
Editorial Notes
Prior Provisions
section 4107(j) of this titlePub. L. 102–40Provisions similar to those in this section were contained in prior to the repeal of that section as part of the complete revision of chapter 73 of this title by .