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Code of Federal Regulations Pertaining to ESA |
| Employees' Benefits |
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| Office of Workers' Compensation Programs, Department of Labor |
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| Claims for Compensation Under the Federal Employees' Compensation Act, As Amended |
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| Continuation of Pay |
(a) For most employees who sustain a traumatic injury, the FECA
provides that the employer must continue the employee's regular pay
during any periods of resulting disability, up to a maximum of 45
calendar days. This is called continuation of pay, or COP. The employer,
not OWCP, pays COP. Unlike wage loss benefits, COP is subject to taxes
and all other payroll deductions that are made from regular income.
(b) The employer must continue the pay of an employee who is
eligible for COP, and may not require the employee to use his or her own
sick or annual leave, unless the provisions of Secs. 10.200(c), 10.220,
or Sec. 10.222 apply. However, while continuing the employee's pay, the
employer may controvert the employee's COP entitlement pending a final
determination by OWCP. OWCP has the exclusive authority to determine
questions of entitlement and all other issues relating to COP.
(c) The FECA excludes certain persons from eligibility for COP. COP
cannot be authorized for members of these excluded groups, which include
but are not limited to: persons rendering personal service to the United
States similar to the service of a civil officer or employee of the
United States, without pay or for nominal pay; volunteers (for instance,
in the Civil Air Patrol and Peace Corps); Job Corps and Youth
Conservation Corps enrollees; individuals in work-study programs, and
grand or petit jurors (unless otherwise Federal employees).
Eligibility for COP