Printing - FECA-PT2 - National Association of Letter Carriers

The four methods provided by the FECA for making these determinations are set forth in Section 5 U.S.C.
8114(d)(1) through (d)(4). They should be considered in the order given, so that only if the method
prescribed in subsection (d)(1) cannot be reasonably and fairly applied should the CE consider using the
method stated in subsection (d)(2), and so forth.
a. Whole-Year Employment--Section 5 U.S.C. 8114 (d)(1). If the employee worked at least 11
months ("substantially the whole year") before the injury in the job held at the time of injury (see
section 9b. on Form CA-7 or item 19 on Form CA-6), the CE may accept the basic pay rate
reported without further inquiry.
(1) Career seasonal employment is an arrangement where the employee regularly works
just part of a calendar year, usually for the same general period each year and at the same
type of job. Such workers often perform highly specialized duties (e.g., forest firefighters).
(a) An employee who has worked in such a position during more than one
calendar year by prior written agreement with the employer is considered to be a
career seasonal employee. Such an employee is entitled to receive compensation on
the same basis as an employee with the same grade and step who has worked the
whole year.
(b) In contrast, an employee who has worked in a position with no prior written
agreement is not considered to be a career seasonal employee. For example, a
holiday casual postal clerk may be rehired on new appointments several years in a
row, but since the employer and the employee have not explicitly agreed that the
employment will continue from year to year, it is not considered career seasonal
work.
(c) Information as to the status of the employee may appear on Form CA-7. If
not, the CE must contact the employing agency. The kind of appointment (career,
career-conditional, term or temporary) is shown on the SF-50, Notification of
Personnel Action. The form should show clearly that the appointment is seasonal,
either in the "remarks" section or in Item 32, "Work Schedule" (code G for full-time
seasonal or code Q for part- time seasonal). An employee should not be considered
"career seasonal" without explicit documentation of his or her status.
(d) Employment during the year before the injury is not a factor. For example,
compensation for a career seasonal firefighter paid at a GS-7 level, who had worked
full-time in such a position by mutual agreement during more than one calendar
year, would be computed at the full-time year-round GS-7 salary, regardless of how
much or how little the employee worked during the year prior to the injury.
(2) Teachers are not considered to fall under the provisions of career seasonal
employment as set forth above in (1). The FECA provides for different methods of
computation of average annual earnings depending on whether the employee worked in the
employment in which he or she was injured for substantially a whole year. Substantially the
whole year is normally defined as at least 11 months. However, substantially the whole
FECA-PT2 Printed: 06/08/2010 462