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Federal Workers' Compensation

The Office of Workers' Compensation Programs administers four major disability compensation programs which provide wage replacement benefits, medical treatment, vocational rehabilitation and other benefits to certain workers or their dependents who experience work-related injury or occupational disease.

Here is a forum for members to share and exchange experiences regarding to workers' compensation related issues.


To read today's top news stories on federal employee pay, benefits, retirement, job rights and other workplace issues visit FederalDaily.com.
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Prostreet93  
#1 Posted : Wednesday, March 10, 2010 6:43:53 AM(UTC)
Prostreet93

Rank: Newbie

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Joined: 1/18/2010(UTC)
Posts: 8

I was injured in February 2009 and until early September 2009 I was out of work either on COP or acquired Sick Leave. My OWCP claim was accepted in September and I started on LWOP receiving (75%) compensation. Around Thanksgiving I started to question what would happen to my 174 hours Use or Lose Leave. My supervisor had no idea and suggested I call accounting.

 

I was advised by accounting to request the use or lose leave in writing. Submit the leave request to my supervisor and once approved, my supervisor could notify accounting that I was on LWOP via DOL (OWCP). My leave would then be allowed to be carried forward due to my injury and OWCP status.

 

After filling out my leave request on December 2, 2009, I was told my leave had been denied due to I have not submitted my request prior to November 21, 2009. After pointing out to my supervisor that I have not even been an agency employee since going under DOL (OWCP) and LWOP since early September 2009, he stated I should allow the leave to burn out and that in early 2010 he would request the leave be re-instated.

 

Today I was notified by my supervisor that since I had not applied for the leave prior to November 21, 2009, it would not be returned to me. (Also indicating he had done nothing in an attempt to recover the lost leave.)

 

I am losing 147 hours of use or lose at a rate of $48.00 per hour.

 

At no time either during my request to my supervisor or contact with accounting, or afterwards, did anyone mention that the request for leave had to be submitted no later than November 21, 2009.

 

As of September 2009 I was on LWOP, not receiving any sick or annual leave, so why would I be subject to regulations by an agency that I was not receiving benefits from at that time.

 

Can anyone provide any suggestions as to how I can fight this situation. Is this an EEOC matter.
edalder  
#2 Posted : Wednesday, March 10, 2010 10:49:52 AM(UTC)
edalder

Rank: Senior Member

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Joined: 10/9/2001(UTC)
Posts: 1,541

If you have a union in your agency and are eligible for representation from same, I would fight this one.  File a grievance.  Your supervisor sounds lazy.  You'll have to hit him with a blizzard of paperwork to get him to do the right thing.

If you are still out of OWCP, then you can't take a vacation anyway because you are disabled.  So, there would not have been any reason for you to use your annual leave in lieu of sick leave and no reason for you to submit a leave request.

However, every agency that I have ever worked for has always issued some kind of all employee bulletin that use or lose must be scheduled by a certain date or it is forfeited if the leave has to be canceled for work load reasons, or other unforeseen circumstances arise. etc.    However, when you are out on LWOP for OWCP, you are not as likely to see these announcements as someone who is at work.  (My agency communicates this requirement via email.)  Moreover, if your computer access is suspended because of extended LWOP, as happens at many agencies, then you can probably make a legitimate case as to why you did not get the leave scheduled on time. 

Kivi
Pivotman  
#3 Posted : Wednesday, March 17, 2010 1:06:28 AM(UTC)
Pivotman

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Posts: 328

Prostreet93-
 
You bet you file an EEO action and a grievance.  They cannot take your annual while you are on OWCP.
You will get your time back. I had to do eactly the same thing and they love to do this crap
And get your union off their butt!!
Snowed  
#4 Posted : Wednesday, March 17, 2010 4:59:44 AM(UTC)
Snowed

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Pivotman-
I a losing 6 hrs A/L for every 80 hrs. LWOP.  Are they supposed to deduct that?  I am grieving my NO WORK AVAILABLE but I will not have enough leave to take vacation in the mean time.

March for Justice!
samac59  
#5 Posted : Wednesday, March 17, 2010 5:28:24 AM(UTC)
samac59

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Posts: 452

Sounds about right. You are credited your 160 hours of AL for the year before you actually earn it. Whatever they take away you should get back when you win your grievance. If your vacation has been approved you can still take it even if you don't have the AL. It will just be more LWOP.
Pivotman  
#6 Posted : Wednesday, March 17, 2010 5:57:41 AM(UTC)
Pivotman

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Joined: 1/9/2009(UTC)
Posts: 328

snowed-
According to the regs they can take 6 hrs of annual for every 8 hrs LWOP. I did not have an objection to that.
What they attempted to do with me was use all my straight annual leave.
 
Also, most employees do not know this, but when you are returned to work on limited duty and they send you home NWA, that is not an action YOU took, THEY are the ones sending you home, you still have the right to accrue your normal S/L ad A/L allotments, every payday, with this status. 
 
 Snowed, if you have not been given your normal A/L and S/L allotments, you should bring this up at your EEO hearing to get it paid. and your union should fight them for it and it be able to win.
 
They cannot use your annual leave when you have been returned to  work on limited  duty but they have chosen to send you home instead.  You should still  get your benefits.
Snowed  
#7 Posted : Wednesday, March 17, 2010 6:26:26 AM(UTC)
Snowed

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Pivotman-
Where do I get info in writing...regs...rules..and such

March for Justice!
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