Human Resources and Security Specialists should use this tool to determine the correct investigation level for any covered position within the U.S. Federal Government.
Visit this federal site to search for our regulatory notices, proposed and final rules.
See the latest tweets on our Twitter feed, like our Facebook pages, watch our YouTube videos, and page through our Flickr photos.
The content available is no longer being updated and as a result you may encounter hyperlinks which no longer function. You should also bear in mind that this content may contain text and references which are no longer applicable as a result of changes in law, regulation and/or administration.
Dear Ms. [xxx]:
This concerns your claim that you should have accrued 16 hours of annual leave and 16 hours of sick leave while you were on leave without pay for the purpose of receiving workers' compensation benefits. Your claim is denied for the reasons stated below.
The Federal Employees' Compensation Act, at 5 U.S.C. 8116(a) provides that, except for the payments specifically described in subsection (a), an employee who is receiving disability compensation under the Act may not simultaneously receive salary, pay, or remuneration of any type from the United States. The exceptions to the statutory bar on simultaneous payment of remuneration and compensation benefits do not include annual leave or sick leave. The right to annual leave and sick leave is a form of compensation. See 67 Comp. Gen. 418 (1988). Thus, an employee does not accrue sick leave or annual leave at the same time that he or she is receiving benefits under the Federal Employees' Compensation Act. John P. Mitchell, B-180010 and B-180010.12, March 18, 1979; Lee J. Gage, B-182078, January 6, 1975.
Accordingly, your claim is denied.
OPM Contact: Jo-Ann Chabot
[XXX] claims that she should have accrued 16 hours of annual leave and 16 hours of sick leave while she was on leave without pay for the purpose of receiving workers' compensation benefits.
Accordingly, the claim is denied.