Two persons employed as operating room nursing assistants at a Veterans Administration (VA) medical center appealed the Claims Group's denial of their claims for annual premium pay for standby duty. As General Schedule employees, the entitlement of the claimants to premium pay for standby duty was governed by the provisions of 5 U.S.C. 5545(c)(1). Under this regulation an employee was not entitled to premium pay for standby duty if he was not required to remain at home but could leave his home, provided he could be contacted by telephone. The job descriptions of the claimants did not require that they remain at home while on call but required that they keep the hospital informed of their whereabouts. However, the claimants contended that, because VA hospital nurses were paid for the same kind of standby duty that they themselves performed, it was unfair that they should not receive pay as well. Although the provisions of 38 U.S.C. 4107(e)(8) provided for the standby pay of nurses, no such provision authorized pay for the type of duty performed by the claimants. Accordingly, the Claims Group's settlement disallowing the claims was sustained.
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