[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: 20CFR322.6]



[Page 554]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 322_REMUNERATION--Table of Contents

 

Sec.  322.6  Pay for time lost.



    (a) Definition. The term ``pay for time lost'' means any payment 

made to an employee with respect to an identifiable period of time 

during which the employee was absent from the active service of the 

person or company making the payment, including absence on account of 

personal injury. The entire amount paid to an employee who was absent on 

account of personal injury is pay for time lost if such amount includes 

pay for time lost, unless at the time of payment the parties, by 

agreement, specify a different amount as the amount of the pay for time 

lost and the period of time covered by such pay. The amount allocated to 

time lost is remuneration for every day in the period of time lost. The 

amount of a payment for personal injury that is apportioned to factors 

other than time lost is, nevertheless, a portion of ``damages'' for the 

purposes of part 341 of this chapter.

    (b) Employment relationship required. Pay for time lost shall not be 

deemed to have been earned on any day after the day of the employee's 

resignation or other termination of his employment relationship.

    (c) Initial evidence. A report that an employee has received or is 

to receive pay for time lost shall, in the absence of evidence to the 

contrary, be considered sufficient for a finding that remuneration is 

payable with respect to each day in the period to which the pay is 

assigned.



[Board Order 59-73, 24, 2487, Mar. 31, 1959, as amended at 65 FR 14460, 

Mar. 17, 2000]