Printing - FECA-PT2 - National Association of Letter Carriers

2-0807-11 Regular Pay
11. Regular Pay. An employee's regular pay is his or her average weekly earnings, including
premium, night or shift differential, holiday pay, Sunday premium pay except to the extent prohibited by
law, or other extra pay, including FLSA pay for firefighters, emergency medical technicians, and others
who earn and use leave on the basis of their entire tour of duty, 20.C.F.R. 10.216(a).
a. Overtime Pay. Overtime pay may not be included in computing the pay rate for COP
purposes, 20 C.F.R. 10.216(a)(1).
b. Within-Grade Increases and Promotions. Additional money which the employee would have
received but for the injury is included since COP is payment of salary and not compensation. In
situations where the pay rate is computed on the basis of average weekly earnings during the one
year prior to the date of injury, the weekly pay rate of COP should be increased by the percentage
of increase in the employee's actual wage, 20 C.F.R. 10.216(a)(2).
c. Employees with Regular Schedules. 20 C.F.R. 10.216(b)(1). For a full-time or part-time
employee, either permanent or temporary, in the regular work force who works the same number
of hours per week, the weekly pay rate equals the number of hours regularly worked each week
times the hourly pay rate on the date of injury, in accordance with the following formula:
H = Hours regularly worked each week
R = Hourly pay rate on date of injury
H x R = Employee's average weekly earnings.
d. Employees with Irregular Schedules. 20 C.F.R. 10.216(b)(2). For a part-time employee,
whether permanent or temporary, in the regular work force who does not work the same number
of hours per week, the weekly pay rate is the average of the weekly earnings for the year prior to
the date of injury, in accordance with the following formula:
P = Total pay earned during one year period prior to injury (excluding overtime)
W = Total number of weeks worked
P/W = Employee's average weekly earnings.
For the purposes of this computation, a partial work week is counted as an entire week.
e. Employees Who Work Intermittently. 20 C.F.R. 10.216(b)(3). For an intermittent,
irregular, or WAE worker who is not a part of the agency's regular full-time or part-time work
force, the weekly pay rate is the average of the employee's earnings in Federal employment during
the year prior to the injury. The average annual earnings, however, must not be less than 150
times the average daily wage earned within one year prior to the date of injury (the daily wage is
the hourly rate times 8). The pay rate should be computed using both of the formulas shown
below; the higher result should be accepted as the pay rate.
(1) Establish the average of the employee's weekly earnings during the year prior to the
injury according to the following formula:
P = Total pay earned during one year prior to injury (excluding overtime)
FECA-PT2 Printed: 06/08/2010 284