U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart G— Insurance and Annuities › Chapter CHAPTER 81— COMPENSATION FOR WORK INJURIES › Subchapter SUBCHAPTER I— GENERALLY

5 U.S.C. § 8118

Continuation of pay; election to use annual or sick leave

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(a) The United States shall authorize the continuation of pay of an employee, as defined in section 8101(1) of this title (other than those referred to in clause (B) or (E)), who has filed a claim for a period of wage loss due to a traumatic injury with his immediate superior on a form approved by the Secretary of Labor within the time specified in section 8122(a)(2) of this title.(b) Continuation of pay under this subchapter shall be furnished—(1) without a break in time, except as provided under section 8117(b), unless controverted under regulations of the Secretary;(2) for a period not to exceed 45 days; and(3) under accounting procedures and such other regulations as the Secretary may require.(c) An employee may use annual or sick leave to his credit at the time the disability begins, but his compensation for disability does not begin, and the time periods specified by section 8117 of this title do not begin to run, until termination of pay as set forth in subsections (a) and (b) or the use of annual or sick leave ends.(d) If a claim under subsection (a) is denied by the Secretary, payments under this section shall, at the option of the employee, be charged to sick or annual leave or shall be deemed overpayments of pay within the meaning of section 5584 of title 5, United States Code.(e) Payments under this section shall not be considered as compensation as defined by section 8101(12) of this title.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93–416, § 11, Sept. 7, 1974, 88 Stat. 1145; Pub. L. 109–435, title IX, § 901(b), Dec. 20, 2006, 120 Stat. 3254.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 758.

Sept. 7, 1916, ch. 458, § 8, 39 Stat. 743.

 

 

Oct. 14, 1949, ch. 691, § 101(b), 63 Stat. 854.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial NotesAmendments

2006—Subsec. (b)(1). Pub. L. 109–435 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “without a break in time unless controverted under regulations of the Secretary;”.

1974—Pub. L. 93–416 inserted in section catchline the reference to continuation of pay, added subsecs. (a), (b), (d) and (e), designated existing provisions as subsec. (c), and in subsec. (c) as so designated, substituted “until termination of pay as set forth in subsections (a) and (b) or the use of annual or sick leave ends” for “until the use of the annual or sick leave ends”.

Statutory Notes and Related SubsidiariesEffective Date of 1974 Amendment

Pub. L. 93–416, § 28(b), Sept. 7, 1974, 88 Stat. 1151, provided that: “Section 11 of this Act [amending this section] shall become effective 60 days from enactment [Sept. 7, 1974] and be applicable to any injury occurring on or after such effective date.”

Notes of Decisions
Cited in 13 cases, 1984–2013 · leading case: Merced Irrigation Dist. v. Cnty. of Mariposa, 941 F. Supp. 2d 1237 (E.D. Cal. 2013).
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Merced Irrigation Dist. v. Cnty. of Mariposa, 941 F. Supp. 2d 1237 (E.D. Cal. 2013). · cites it 2× “The Service paid Janakes COP, but subsequently informed him that he would be required to reimburse the Service if he recovered from a third-party tortfeasor for his injuries. Id. at 1092-93 .”
Bodine v. United States, 14 Cl. Ct. 661 (Ct. Cl. 1988). · cites it 3× “On July 18, 1981, pursuant to 5 U.S.C. § 8118 (the “continuation of pay” provision of FECA, discussed infra), plaintiff filed a Form CA-1, “Federal Employee’s Notice of Traumatic Injury and Claim for Continuation of Pay/Com *662 pensation,” with the Office of Workers’…”
Nicholas J. Janakes, on Behalf of Himself & on Behalf of All Others Similarly Situated v. United States Postal Serv., 768 F.2d 1091 (9th Cir. 1985). “Janakes applied for “continuation of pay” (COP) pursuant to 5 U.S.C. § 8118 of the Federal Employees Compensation.”
Gallo v. United States, 76 Fed. Cl. 593 (Fed. Cl. 2007). · cites it 2× “See 5 U.S.C. § 8118 (2000). 3 By March 3, 1995, plaintiffs condition had improved, somewhat, and she returned to light duty.”
Dawson v. Reukauf, 751 F. Supp. 2d 146 (D.D.C. 2010). · cites it 2× “See 5 U.S.C. § 8118 ; Def.’s Ex. 47 at 4. These benefits are administered by the Department of Labor’s Office of Workers Compensation Policy and not the employing agency.”
Striplin v. United States, 100 Fed. Cl. 493 (Fed. Cl. 2011). · cites it 2× “Second, 5 U.S.C. § 8118 allows the continuation of pay where an employee has “filed a claim for a period of wage loss due to a traumatic injury with his immediate superior on a form approved by the Secretary of Labor within the time specified in section 8122(a)(2) of this title.”
Estanislado Salazar, Jr. v. The United States, 775 F.2d 284 (Fed. Cir. 1985). · cites it 4× “Salazar’s analysis starts with 5 U.S.C. § 8118 . The regulations that embody 5 U.”
Purser v. United States Dep't of Labor, 943 F. Supp. 898 (M.D. Tenn. 1996). “5 U.S.C. § 8118 . If an employee does use annual or sick leave to avoid interruption of income during disability and later a claim for compensation is approved, the employee may “buy back” the used leave and have it credited to the employee’s account.”
Chin v. United States, 16 Cl. Ct. 274 (Ct. Cl. 1989). “The FECA provides for the payment of Continuation of Pay (COP), not to exceed 45 days, to an employee “who has filed a claim for a period of wage loss due to a traumatic injury * * 5 U.S.C. § 8118 . On September 6, 1985, the district office of the Office of Workers’ Compensation…”
Salazar v. United States, 5 Cl. Ct. 274 (Ct. Cl. 1984). · cites it 2× “The evidence offered in support of this argument consisted, in the main, of conversations between plaintiff’s union representative and management personnel regarding the right to continuation of pay as contemplated under 5 U.S.C. § 8118 (1982) 2 for the period of his…”
Hoopes v. United States, 867 F. Supp. 349 (E.D.N.C. 1994). · cites it 3× “5 U.S.C. § 8118 governs continuation of pay.”
Kendall v. Brock, 689 F. Supp. 354 (D. Vt. 1987). · cites it 2× “The claimant received “continuation of pay” for the statutory maximum of 45 days, pursuant to 5 U.S.C. § 8118 . In July, 1980, the Office of Workers Compensation Programs (OWCP), the agency that administers claims for benefits under FECA, awarded plaintiff continuing benefits…”
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