EEOICPA BULLETIN NO.02-09
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Effective Date:
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Expiration Date:
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Subject: Determination of
250 workdays of employment for EEOICPA claimants.
Background: The eligibility criteria for
members of the Special Exposure Cohort (SEC) and claimants of chronic silicosis
include a minimum requirement of 250 workdays of employment. Eligibility for inclusion in the SEC requires
that the employee be employed for an aggregate of at least 250 workdays before
In most cases, the
determination of 250 workdays of employment is straightforward. However, there are some cases, where the
employee worked for less than a year, where additional guidance is required to
calculate the 250 workdays.
Reference: Energy Employees Occupational Illness Compensation Program Act of 2000,
As Amended, 42 U.S.C. § 7384 et seq.,
Sections 7384l (14) and (17) and 20 CFR Parts 30.213(a)(1) and (b) and
30.215(a).
Purpose: To clarify the determination of
the 250 workday requirement for members of the SEC and claimants for chronic
silicosis.
Applicability: All staff.
Actions:
1.
This approach for determining 250 workdays is applicable to employees at
GDPs and workers involved in the mining of tunnels at a DOE facility in
2.
For the purposes of this Bulletin, a workday will be considered as
equivalent to a work shift. Additional
hours worked as overtime will not add up to additional workdays, e.g., two
hours overtime for four days is not equivalent to another (8-hour) workday. However, two work shifts worked back-to-back
would be two work shifts, i.e., two workdays.
For an employee whose work shift spans
3.
When the employment information shows that the employee worked for a
particular period, the CE should not as a rule attempt to discern and deduct
from the workday count, infrequent periods of non-presence or non-work, like
sick leave, strikes, layoffs or vacation time that may be specified. However, if the employment evidence clearly establishes
that the employee was not present and/or working at the GDP facility or mining
site for an extended period(s) while on the company payroll, this extended
period(s) should not be credited towards meeting the 250 workday requirement.
4.
The period of 250 workdays starts with the worker’s first day of
employment at the GDP or mining site.
There may be breaks in employment, but the workdays may only be
accumulated at eligible sites, i.e., the three GDPs located in
5.
Where the number of days is not apparent in the employee’s primary
employment record, e.g., from employer, union (records for pension, dues, union
local records, etc.), the following table may used for conversion:
|
250 days = |
50 five-day
weeks, or |
|
|
42 six-day weeks,
or |
|
|
12 months
(five-day weeks), or |
|
|
10 months
(six-day weeks), or |
|
|
2,000 hours |
|
One month = |
21 days (if
evidence indicates six-day weeks, 25 days |
6.
Where records of an employee’s earnings are available, such as W-2 Forms
or Bureau of Data Processing records from the Social Security Administration,
but the periods of employment are not, estimate the 250 workdays as
follows. Divide the annual wages earned
at the GDP(s) or mining site(s) by the employee’s hourly rate to determine the
number of hours worked. If the number is
greater than 2,000 hours, it meets the 250 workday requirement. The problem with converting dollar amounts to
workdays is that they may be rough estimates of
actual employment. As such, this method
should only be used when all primary employment data is lacking.
7.
There will be some situations where the above approach will not be
applicable. These cases will need to be
treated on a case-by-case basis. For
example, non-40 hour workweek for some employees, e.g., firefighters, security
guards, will be handled on a case-by-case basis (until more information and
experience are gained).
Disposition: Retain until incorporated in the
Federal (EEOICPA) Procedure Manual
PETER M. TURCIC
Director, Division of Energy Employees
Occupational Illness Compensation
Distribution List No. 1: Claims Examiners, Supervisory
Claims Examiners, Technical Assistants, Customer Service Representatives, Fiscal
Officers, FAB District Managers, Operation Chiefs, Hearing Representatives,
District Office Mail & File Sections