[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR10.206]



[Page 23-24]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                      CHAPTER I--OFFICE OF WORKERS'

                         COMPENSATION PROGRAMS,

                           DEPARTMENT OF LABOR

 

PART 10_CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION 

ACT, AS AMENDED--Table of Contents

 

                      Subpart C_Continuation of Pay

 

Sec.  10.206  May an employee who uses leave after an injury later 

decide to use COP instead?



    On Form CA-1, an employee may elect to use accumulated sick or 

annual leave, or leave advanced by the agency, instead of electing COP. 

The employee can change the election between leave and COP for 

prospective periods at any point while eligibility for COP remains. The 

employee may also change the election for past periods and request COP 

in lieu of leave already taken for the same period. In either situation, 

the following provisions apply:

    (a) The request must be made to the employer within one year of the 

date the leave was used or the date of the written approval of the claim 

by OWCP (if written approval is issued), whichever is later.

    (b) Where the employee is otherwise eligible, the agency shall 

restore leave taken in lieu of any of the 45 COP days.



[[Page 24]]



Where any of the 45 COP days remain unused, the agency shall continue 

pay prospectively.

    (c) The use of leave may not be used to delay or extend the 45-day 

COP period or to otherwise affect the time limitation as provided by 5 

U.S.C. 8117. Therefore, any leave used during the period of eligibility 

counts towards the 45-day maximum entitlement to COP.