Printing - FECA-PT2 - National Association of Letter Carriers

2-0802-8 Contract Job Cleaners Used by the Postal Service
8. Contract Job Cleaners Used by the Postal Service. In lieu of using employees with civil service
appointments, the U.S. Postal Service frequently contracts for the services of individuals to perform
janitorial work. The contracts consist of signed agreements, which may result from negotiation or
invitation-bid. Determinations of whether contract job cleaners are civil employees under the FECA are
made on a case-by-case basis and will depend on the particular facts of each case.
Cases of contract job cleaners are to be referred to a Senior CE for adjudication. The Senior CE should
request:
a. A copy of the Postal Service agreement form under which the worker was serving when
injured;
b. A statement from the postmaster showing the extent to which there was a right to control
the manner of the worker's performance and the amount and extent of the control exercised over
the worker; and
c. A statement from the contract job cleaner showing whether the injured person worked for
any employer other than the Postal Service during the year before the injury and, if so, the
employers' names and addresses and the inclusive dates worked, the kinds of work performed, the
rates of pay, and the total amounts earned from each employer.
2-0802-9 Workers Serving Without Compensation
9. Workers Serving Without Compensation. Except for cases of certain volunteers with the
Department of Veterans Affairs (see paragraphs 10-12 below) and certain volunteers with the U.S.
Department of Agriculture, Forest Service (see paragraph 13 below), determinations of civil employee
status for volunteers must be made by a Senior CE or higher adjudicative authority.
a. Statutory Authority. In any case where status as a civil employee is claimed by reason of 5
U.S.C. 8101(1)(B), the CE must obtain a statement from the reporting agency citing the statutory
authority by which the services of the injured or deceased individual were used. (See paragraph 4
concerning referral of such issues to the National office.)
b. Kind of Service Rendered. The CE must also ensure that the evidence shows whether the
injured or deceased individual was "rendering a personal service of a kind similar to those of
civilian officers or employees of the United States."
If such evidence is not received with the initial submission, the CE should ask the reporting agency
to submit a statement which fully describes the services rendered by the injured or deceased
individual and shows whether the agency has persons on its payroll who render similar services
and, if so, the job titles for those positions.
FECA-PT2 Printed: 06/08/2010 151