[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR345.67]

[Page 462-463]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
   CHAPTER III--FEDERAL PRISON INDUSTRIES, INC., DEPARTMENT OF JUSTICE
 
PART 345--FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS--Table of Contents
 
                   Subpart F--Inmate Pay and Benefits
 
Sec. 345.67  Retention of benefits.

    (a) Job retention. Ordinarily, when an inmate is absent from the job 
for a significant period of time, the SOI will fill that position with 
another inmate, and the first inmate will have no entitlement to 
continued FPI employment.
    (1) For up to the first 30 days when an inmate is in medical idle 
status, that inmate will retain FPI pay grade status, with suspension of 
actual pay, and will be able to return to FPI when medically able, 
provided the absence was not because of a FPI work-related injury 
resulting from the inmate's violation of safety standards. If the 
medical idle lasts longer than 30 days, was not caused by a violation of 
safety standards, and the unit team approves the inmate's return to FPI, 
the SOI

[[Page 463]]

shall place that inmate within the top ten percent of the FPI waiting 
list.
    (2) Likewise, for up to the first 30 days when an inmate is in 
Administrative Detention, that inmate may retain FPI pay grade status, 
with actual pay suspended, and will be able to return to FPI, provided 
the inmate is not found to have committed a prohibited act. If 
Administrative Detention lasts longer than 30 days, and the inmate is 
not found to have committed a prohibited act, and the unit team approves 
the inmate's return to FPI, the SOI shall place that inmate within the 
top ten percent of the FPI waiting list.
    (3) An inmate in Administrative Detention, and found to have 
committed a prohibited act, may return to FPI work status at the 
discretion of the SOI.
    (4) If an inmate is injured and absent from the job because of a 
violation of FPI safety standards, the SOI may reassign the inmate 
within FPI or recommend that the unit team reassign the inmate to a non-
FPI work assignment.
    (5) If an inmate is transferred from one institution to another for 
administrative (not disciplinary) reasons, and the unit team approves 
the inmate's return to FPI, the SOI shall place that inmate within the 
top ten percent of the FPI waiting list.
    (b) Longevity and vacation credit. Ordinarily, when an inmate's FPI 
employment is interrupted, the inmate loses all accumulated longevity 
and vacation credit with the following exceptions:
    (1) The inmate retains longevity and vacation credit when placed in 
medical idle status, provided the medical idle is not because of a FPI 
work-related injury resulting from the inmate's violation of safety 
standards. If the medical idle results from a FPI work-related injury 
where the inmate was not at fault, the inmate also continues to earn 
longevity and vacation credit.
    (2) Likewise, the inmate retains, and continues earning for up to 30 
days, longevity and vacation credit if placed in Administrative 
Detention, provided the inmate is not found to have committed a 
prohibited act.
    (3) The inmate retains, but does not continue earning, longevity and 
vacation credit when transferring from one institution to another for 
administrative (not disciplinary) reasons, when absent from the 
institution on writ, or when placed in administrative detention and 
found to have committed a prohibited act.
    (c) Pay grade retention. Ordinarily, when an inmate's FPI employment 
is interrupted, that inmate is not entitled to retain his or her pay 
grade, with the following exceptions.
    (1) An inmate retains pay grade status, with actual pay suspended, 
for up to 30 days in Administrative Detention. However, the inmate is 
not reimbursed for the time spent in detention.
    (2) Likewise, an inmate retains pay grade status for up to 30 days 
while absent from the institution on writ, with actual pay suspended. 
The SOI may approve pay grade retention when an inmate is on writ for 
longer than 30 days on a case-by-case basis.
    (3) If an inmate is absent because of a FPI work-related injury 
where the inmate was not at fault, the inmate retains his or her pay 
grade, with actual pay suspended.