Workers - Council of Prison Locals - C-33

Sec. 10.105 \\,hat conditions must be met 10 receive COp
(a) To be eligible for COP. a person must:
{ l) Har.e a "traumatic injun'" as defined at Sec. 10.5(ee) uhich is job-related and the
cause of the disabiliS'. and'or the cause of lost time tJue to the need for medical
examination and treatment:
(2) File Form CA-1 riithin 30 da1's of the date of the injury ftut if that form is nor
available. usin-q anorher form rvould not alone preclude receipt): anci
(3) Begin losing time from rvork due to the traumatic injun'u'irhin 45 davs of the
injurf'.
(b) O\\:CP ma1' find that the emplol'ee is not entitled to COP for other reasons
consistent rvith the statute (see Sec. 10.220).
Sec. 10.106 l\'f av an employ'ee who uses leave after an injury later decide to use COp
instead
On Form CA- l. an empiovee ma]- elect to use accumulated sick or annual leal.e. or
leave advanced b-v the a,qencv, instead of electine COP. The emplol'ee can change the
election benveen leave and COP for prospective periods at an)- point while eligibility for
COP remains.
'fhe empiovee may also change the election for past periods and request
COP in lieu of leave alreadv taken for the same period. In either situation. the follou,inc
provisions appli :
(a) The request must be made to the emplover q'ithin one vear of the date the leave
rvas used or the date of the rvritten approval of the claim bl,OWCP (if written approval
is issued)- whichever is later.
(b) W.here the empioyee is otherwise eligibie, the aeency shall restore leave taken in
lieu of anv of the 45 COP davs. Where any of the 4-i COP days remain unused. the
agency shall continue paJ- prospecli\.el]- .
(c) The use of leave may' not be used to delal' or extend the .15-da-v.. COP period or to
otlienvise affect the time limitation as provided bv 5 U.S.C. 8l 17. Therefore. anv leave
used during the period of eligibilifl' counts towards the -15-dav maximum entirlemento
COP.
Sec' 10.107 Mav an employee who returns to work. then stops rvork asain due to the
elfects of the injury- recei.r'e COP
If the emplovee recovers from disabilir.n- and returns to rvork- then becomes disabled
again and stops u'ork- the emplover shali pav anv of rhe ;15 dai's of entitlemento COp
not used during the initial period of disabilitl' n,here:
1a) The emplovee completes Form CA-2a and elects to receive reeular pav.
(b) OWCP did not denv the original claim for disabilirr,:
(c) The disabiliq'recurs and the emplovee stops work rvithin -15 da1's of rhe time rhe
empiovee first rerurned to work follorving the initial period of disabilin': and
(d) Pai' has not been continued for the entire -15,Javs.
Page -27-