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Printing - FECA-PT2 - National Association of Letter Carriers

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2-0807-15 Relationships Between Leave Usage, COP and Compensation<br />

15. Relationships Between Leave Usage, COP and Compensation.<br />

a. An employee may use annual or sick leave to cover all or part <strong>of</strong> an absence due to injury<br />

but the employee's compensation for disability does not begin, and the waiting period specified by<br />

5 U.S.C. 8117(1) does not begin to run, until COP terminates and any use <strong>of</strong> leave ends.<br />

b. If an employee elects sick or annual leave, entitlement to COP is not preserved. Each full or<br />

partial day for which the employee is absent from work due to a disability will be counted as one<br />

day against entitlement to COP, regardless <strong>of</strong> whether sick or annual leave is used. Therefore,<br />

while an employee may use COP intermittently along with sick or annual leave, entitlement is not<br />

extended beyond 45 days <strong>of</strong> combined absences.<br />

c. An election <strong>of</strong> sick or annual leave during the 45-day period is not considered irrevocable.<br />

If an employee has elected sick or annual leave for the period and then wishes to elect COP, the<br />

agency is required to make such a change on a prospective basis (from the date <strong>of</strong> the employee's<br />

request). The employee may also receive COP in lieu <strong>of</strong> previously requested annual or sick leave,<br />

provided the request is made within one year <strong>of</strong> the date the leave was used or the claim was<br />

approved, whichever is later. The claimant must provide medical evidence <strong>of</strong> disability (see<br />

paragraph 7b above). Where timely request is made, the employing agency is to convert the leave<br />

used to COP and restore the leave to the employee.<br />

d. If the leave balance <strong>of</strong> an employee who first elects leave is not sufficient to cover all<br />

disability during the 45-day period, COP may be elected retroactive to the date that the leave ran<br />

out and wage loss began. The employing agency should not wait, however, for a disabled<br />

employee to change the election from leave to COP. When leave runs out the agency is required to<br />

convert the employee to COP status immediately.<br />

e. If OWCP denies a claim for COP, the amount paid will be charged to sick or annual leave at<br />

the option <strong>of</strong> the employee or shall be deemed an overpayment within the meaning <strong>of</strong> 5 U.S.C.<br />

5584. 20 C.F.R. 10.224<br />

2-0807-16 Light Duty Offers<br />

16. Light Duty Offers. Employing agencies are expected to try to provide light duty during COP, and<br />

claimants are expected to accept suitable <strong>of</strong>fers <strong>of</strong> work.<br />

a. Acceptance <strong>of</strong> Job. If such a job is accepted, the following considerations apply:<br />

(1) COP is chargeable only when the claimant has been formally assigned to an<br />

established job which is normally paid at a lower salary and would otherwise result in loss <strong>of</strong><br />

income to the employee. COP must be charged against the employee's 45-day entitlement<br />

if personnel action has been taken to:<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 290

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