5 U.S.C. § 8117: Time of accrual of right

Summary

Most federal employees who are not Postal Service workers do not get pay for the first 3 days of a temporary disability. They do get paid for those first 3 days if the disability lasts more than 14 days, if it later becomes a permanent disability, or if the rules in sections 8103 or 8104 apply. Postal Service employees also do not get pay or continuation of pay for the first 3 days, except under the rules in sections 8103 and 8104. They may use annual leave, sick leave, or take leave without pay for those 3 days. If the disability lasts more than 14 days or becomes permanent, they can have used sick or annual leave put back or be paid for the time they were on leave without pay.

Title 5, §8117

Government Organization and Employees, Source: USLM XML via OLRC

(a)An employee other than a Postal Service employee is not entitled to compensation for the first 3 days of temporary disability, except—

(1)when the disability exceeds 14 days;

(2)when the disability is followed by permanent disability; or

(3)as provided by section 8103 and 8104 of this title.

(b)A Postal Service employee is not entitled to compensation or continuation of pay for the first 3 days of temporary disability, except as provided under paragraph (3) of subsection (a). A Postal Service employee may use annual leave, sick leave, or leave without pay during that 3-day period, except that if the disability exceeds 14 days or is followed by permanent disability, the employee may have their sick leave or annual leave reinstated or receive pay for the time spent on leave without pay under this section.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 752.Sept. 7, 1916, ch. 458, § 2, 39 Stat. 743. Oct. 14, 1949, ch. 691, § 101(a), 63 Stat. 854. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

2006—Pub. L. 109–435 designated existing provisions as subsec. (a), substituted “An employee other than a Postal Service employee” for “An employee”, and added subsec. (b). 1974—Pub. L. 93–416 substituted “14 days” for “21 days”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1974 AmendmentAmendment by Pub. L. 93–416 effective Sept. 7, 1974, and applicable to any injury or death occurring on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93–416, set out as a note under section 8101 of this title.

§8117 Time of Accrual of Right