Continuation Of Pay Tracking Worksheet (Page 3 of 4) in pdf

COP Payments During Disciplinary Action Period

An Installation may not interrupt or stop COP to which the employee is otherwise entitled because

of a disciplinary action, unless a preliminary notice was issued to the employee before the date of

injury and the action becomes final or otherwise takes effect during the COP period.

Controverting Periods of COP

Where an employee requests COP but does not meet the eligibility requirements, or an

Installation stops COP, it must file a controversion with OWCP, setting forth the basis on which it

terminated COP, no later than the effective date of the termination. The final determination on

entitlement to COP always rests with OWCP.

Employees Who Elect Annual or Sick Leave on CA-1

When an employee elects to use accumulated sick or annual leave, or leave advanced by the

agency, instead of electing COP, the employee may change the election between leave and COP

for prospective periods at any point while eligibility for COP remains. The employee may also

change the election for past periods and request COP in lieu of leave already taken for the same

period. In either situation, the following provisions apply:

•

The request must be made to the Installation within one year of the date the leave was used

or the date of the written approval of the claim by OWCP (if written approval is issued);

whichever is later.

•

Where the employee is otherwise eligible, the installation must restore leave taken in lieu of

any of the 45 COP days. Where any of the 45 COP days remain unused, the agency shall

continue pay prospectively.

•

The use of leave may not be used to delay or extend the 45-day COP period or to otherwise

affect the time limitation for COP. Therefore, any leave used during the period of eligibility

counts towards the 45-day maximum entitlement to COP.

Employee’s Responsibility to Ensure Eligibility to COP

An employee that elects COP must take the following actions to ensure continuing eligibility for

COP.

•

Complete and submit Form CA-1 to the employing agency as soon as possible, but no later

than 30 days from the date the traumatic injury occurred.

•

Ensure that medical evidence supporting disability resulting from the claimed traumatic injury,

including a statement as to when the employee can return to his or her date of injury job is

provided to the employer within 10 calendar days after filing the claim for COP.

•

Ensure that relevant medical evidence is submitted to OWCP, and cooperate with OWCP in

developing the claim.

•

Ensure that the treating physician specifies work limitations and provides them to the

employer and/or representatives of OWCP.

•

Provide to the treating physician a description of any specific alternative positions offered the

employee, and ensure that the treating physician responds promptly to the employer and/or

OWCP, with an opinion as to whether and how soon the employee could perform that or any

other specific position.

Calculating Pay Rates for COP

The pay rate for COP purposes is equal to the employee's regular “weekly'' pay (the average of

the weekly pay over the preceding 52 weeks). The pay rate excludes overtime pay, but includes

other applicable extra pay except to the extent prohibited by law. Changes in pay or salary such

as promotion, demotion, within-grade increases, or termination of a temporary detail, which would

have otherwise occurred during the 45-day period are to be reflected in the weekly pay

determination.

The weekly pay for COP purposes is determined according to the following formulas:

Continuation Of Pay Tracking Worksheet Page 3

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