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5 U.S.C. § 7904 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 7904. Employee assistance programs relating to drug abuse and alcohol abuse
(a) The head of each Executive agency shall, in a manner consistent with guidelines prescribed under subsection (b) of this section and applicable provisions of law, establish appropriate prevention, treatment, and rehabilitation programs and services for drug abuse and alcohol abuse for employees in or under such agency.
(b) The Office of Personnel Management shall, after such consultations as the Office considers appropriate, prescribe guidelines for programs and services under this section.
(c) The Secretary of Health and Human Services, on request of the head of an Executive agency, shall review any program or service provided under this section and shall submit comments and recommendations to the head of the agency concerned.
(Added Pub. L. 99–570, title VI, § 6004(a), Oct. 27, 1986, 100 Stat. 3207–159.)
5 U.S.C. § 7906 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 7906. Services of post-combat case coordinators
(a) Definitions.—
For purposes of this section—
(1) the terms “employee”, “agency”,1 “injury”, “war-risk hazard”, and “hostile force or individual” have the meanings given those terms in section 8101; and
(2) the term “qualified employee” means an employee as described in subsection (b).
(b) Requirement.—
The head of each agency shall, in a manner consistent with the guidelines prescribed under subsection (c), provide for the assignment of a post-combat case coordinator in the case of any employee of such agency who suffers an injury or disability incurred, or an illness contracted, while in the performance of such employee’s duties, as a result of a war-risk hazard or during or as a result of capture, detention, or other restraint by a hostile force or individual.
(c) Guidelines.—
The Office of Personnel Management shall, after such consultation as the Office considers appropriate, prescribe guidelines for the operation of this section. Under the guidelines, the responsibilities of a post-combat case coordinator shall include—
(1) acting as the main point of contact for qualified employees seeking administrative guidance or assistance relating to benefits under chapter 81 or 89;
(2) assisting qualified employees in the collection of documentation or other supporting evidence for the expeditious processing of claims under chapter 81 or 89;
(3) assisting qualified employees in connection with the receipt of prescribed medical care and the coordination of benefits under chapter 81 or 89;
(4) resolving problems relating to the receipt of benefits under chapter 81 or 89; and
(5) ensuring that qualified employees are properly screened and receive appropriate treatment—
(A) for post-traumatic stress disorder or other similar disorder stemming from combat trauma; or
(B) for suicidal or homicidal thoughts or behaviors.
(d) Duration.—
The services of a post-combat case coordinator shall remain available to a qualified employee until—
(1) such employee accepts or declines a reasonable offer of employment in a position in the employee’s agency for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the employee’s grade (or pay level) before the occurrence or onset of the injury, disability, or illness (as referred to in subsection (a)), and which is within the employee’s commuting area; or
(2) such employee gives written notice, in such manner as the employing agency prescribes, that those services are no longer desired or necessary.
(Added Pub. L. 112–81, div. A, title XI, § 1106(a), Dec. 31, 2011, 125 Stat. 1613.)
5 U.S.C. § 8105 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8105. Total disability
(a) If the disability is total, the United States shall pay the employee during the disability monthly monetary compensation equal to 66⅔ percent of his monthly pay, which is known as his basic compensation for total disability.
(b) The loss of use of both hands, both arms, both feet, or both legs, or the loss of sight of both eyes, is prima facie permanent total disability.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 535.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 753.
Sept. 7, 1916, ch. 458, § 3, 39 Stat. 743.
Oct. 14, 1949, ch. 691, § 102, 63 Stat. 855.
In subsection (a), the words “Except as otherwise provided in sections 751–756, 757–781, 783–791, and 793 of this title” are omitted as surplusage.
In subsection (b), the words “Loss, or” are omitted as included in “loss of use of”. The words “or the loss of sight of both eyes” are substituted for “or both eyes or the sight thereof”.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 8106 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8106. Partial disability
(a) If the disability is partial, the United States shall pay the employee during the disability monthly monetary compensation equal to 66⅔ percent of the difference between his monthly pay and his monthly wage-earning capacity after the beginning of the partial disability, which is known as his basic compensation for partial disability.
(b) The Secretary of Labor may require a partially disabled employee to report his earnings from employment or self-employment, by affidavit or otherwise, in the manner and at the times the Secretary specifies. The employee shall include in the affidavit or report the value of housing, board, lodging, and other advantages which are part of his earnings in employment or self-employment and which can be estimated in money. An employee who—
(1) fails to make an affidavit or report when required; or
(2) knowingly omits or understates any part of his earnings;
forfeits his right to compensation with respect to any period for which the affidavit or report was required. Compensation forfeited under this subsection, if already paid, shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under section 8129 of this title, unless recovery is waived under that section.
(c) A partially disabled employee who—
(1) refuses to seek suitable work; or
(2) refuses or neglects to work after suitable work is offered to, procured by, or secured for him;
is not entitled to compensation.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 536.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 754.
Sept. 7, 1916, ch. 458, § 4, 39 Stat. 743.
Oct. 14, 1949, ch. 691, § 103(a), 63 Stat. 855.
In subsection (a), the words “Except as otherwise provided in sections 751–756, 757–781, 783–791, and 793 of this title” are omitted as surplusage.
In subsection (b), the word “remuneration” is omitted as covered by the word “earnings”.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 8108 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8108. Reduction of compensation for subsequent injury to same member
The period of compensation payable under the schedule in section 8107(c) of this title is reduced by the period of compensation paid or payable under the schedule for an earlier injury if—
(1) compensation in both cases is for disability of the same member or function or different parts of the same member or function or for disfigurement; and
(2) the Secretary of Labor finds that compensation payable for the later disability in whole or in part would duplicate the compensation payable for the preexisting disability.
In such a case, compensation for disability continuing after the scheduled period starts on expiration of that period as reduced under this section.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 538; Pub. L. 90–83, § 1(51), Sept. 11, 1967, 81 Stat. 210.)
text: Historical and Revision Notes
1966 Act
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 755(c).
Oct. 14, 1949, ch. 691, § 104 “Sec. 5(c)”, 63 Stat. 857.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
text: 1967 Act
Section of title 5
Source (U.S.Code)
Source (Statutes at Large)
8108
5 App.: 755(c).
July 4, 1966, Pub. L. 89–488, § 2(c), 80 Stat. 252.
heading: Personnel Not Affected by 1967 Increase
text: Increases authorized under amendment by Pub. L. 90–83 not applicable to specified personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.
5 U.S.C. § 8111 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8111. Additional compensation for services of attendants or vocational rehabilitation
(a) The Secretary of Labor may pay an employee who has been awarded compensation an additional sum of not more than $1,500 a month, as the Secretary considers necessary, when the Secretary finds that the service of an attendant is necessary constantly because the employee is totally blind, or has lost the use of both hands or both feet, or is paralyzed and unable to walk, or because of other disability resulting from the injury making him so helpless as to require constant attendance.
(b) The Secretary may pay an individual undergoing vocational rehabilitation under section 8104 of this title additional compensation necessary for his maintenance, but not to exceed $200 a month.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 539; Pub. L. 90–83, § 1(54), Sept. 11, 1967, 81 Stat. 210; Pub. L. 93–416, § 7, Sept. 7, 1974, 88 Stat. 1145; Pub. L. 101–534, § 2, Nov. 7, 1990, 104 Stat. 2352.)
text: Historical and Revision Notes
1966 Act
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 756(b).
Oct. 14, 1949, ch. 691, § 105 “Sec. 6(b)”, 63 Stat. 858.
Sept. 13, 1960, Pub. L. 86–767, § 101 (less last 13 words), 74 Stat. 906.
In subsection (a), the words “In addition to the monthly compensation otherwise specified in sections 751–756, 757–871, 783–791, and 793 of this title” are omitted as surplusage.
In subsection (b), the words “pursuant to the Secretary’s direction” are omitted as unnecessary.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
text: 1967 Act
Section of title 5
Source (U.S.Code)
Source (Statutes at Large)
8111(a)
5 App.: 756(b)(1).
July 4, 1966, Pub. L. 89–488, § 4(a), 80 Stat. 253.
heading: Amendments
text: 1990—Subsec. (a). Pub. L. 101–534 substituted “$1,500” for “$500”.
1974—Subsec. (a). Pub. L. 93–416, § 7(a), substituted “$500” for “$300”.
Subsec. (b). Pub. L. 93–416, § 7(b), substituted “$200” for “$100”.
heading: Effective Date of 1990 Amendment
text: Pub. L. 101–534, § 3, Nov. 7, 1990, 104 Stat. 2352, provided that: “The amendment made by section 2 [amending this section] shall take effect October 1, 1990.”
heading: Effective Date of 1974 Amendment
text: Amendment by Pub. L. 93–416 applicable to cases where injury or death occurred prior to Sept. 7, 1974, but only to a period beginning 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.
heading: Personnel Not Affected by 1967 Increase
text: Increases authorized under amendment by section 1(54) of Pub. L. 90–83 not applicable to specified personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.
5 U.S.C. § 8112 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8112. Maximum and minimum monthly payments
(a) Except as provided by section 8138 of this title, the monthly rate of compensation for disability, including augmented compensation under section 8110 of this title but not including additional compensation under section 8111 of this title, may not be more than 75 percent of the monthly pay of the maximum rate of basic pay for GS–15, and in case of total disability may not be less than 75 percent of the monthly pay of the minimum rate of basic pay for GS–2 or the amount of the monthly pay of the employee, whichever is less.
(b) The provisions of subsection (a) shall not apply to any employee whose disability is a result of an assault which occurs during an assassination or attempted assassination of a Federal official described under section 351(a) or 1751(a) of title 18, and was sustained in the performance of duty.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 540; Pub. L. 90–83, § 1(55), Sept. 11, 1967, 81 Stat. 210; Pub. L. 100–566, § 5, Oct. 31, 1988, 102 Stat. 2845.)
text: Historical and Revision Notes
1966 Act
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 756(c).
Oct. 14, 1949, ch. 691, § 105 “Sec. 6(c)”, 63 Stat. 859.
Sept. 13, 1960, Pub. L. 86–767, § 101 (last 13 words), 74 Stat. 906.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
text: 1967 Act
Section of title 5
Source (U.S.Code)
Source (Statutes at Large)
8112
5 App.: 756(c).
July 4, 1966, Pub. L. 89–488, § 3(b), 80 Stat. 252.
The words “maximum rate of basic pay for GS–15” and “minimum rate of basic pay for GS–2” are substituted for “highest rate of basic compensation provided for grade 15 of the General Schedule of the Classification Act of 1949” and “lowest rate of basic compensation provided for grade 2 by such General Schedule”, respectively, for consistency of style within title 5 and to reflect the codification of the Classification Act of 1949 in title 5.
heading: Amendments
text: 1988—Pub. L. 100–566 designated existing provisions as subsec. (a) and added subsec. (b).
heading: Personnel Not Affected by 1967 Increase
text: Increases authorized under amendment by section 1(55) of Pub. L. 90–83 not applicable to specified personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.
5 U.S.C. § 8113 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8113. Increase or decrease of basic compensation
(a) If an individual—
(1) was a minor or employed in a learner’s capacity at the time of injury; and
(2) was not physically or mentally handicapped before the injury;
the Secretary of Labor, on review under section 8128 of this title after the time the wage-earning capacity of the individual would probably have increased but for the injury, shall recompute prospectively the monetary compensation payable for disability on the basis of an assumed monthly pay corresponding to the probable increased wage-earning capacity.
(b) If an individual without good cause fails to apply for and undergo vocational rehabilitation when so directed under section 8104 of this title, the Secretary, on review under section 8128 of this title and after finding that in the absence of the failure the wage-earning capacity of the individual would probably have substantially increased, may reduce prospectively the monetary compensation of the individual in accordance with what would probably have been his wage-earning capacity in the absence of the failure, until the individual in good faith complies with the direction of the Secretary.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 540; Pub. L. 90–83, § 1(100), Sept. 11, 1967, 81 Stat. 220; Pub. L. 93–416, § 8(a), Sept. 7, 1974, 88 Stat. 1145.)
text: Historical and Revision Notes
1966 Act
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 756(d).
Oct. 14, 1949, ch. 691, § 105 “Sec. 6(d)”, 63 Stat. 859.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: 1967 Act
text: This section amends section 8113(b) of title 5, United States Code, to conform to the source statute (sec. 6(d)(1) of the Federal Employees’ Compensation Act, as amended (63 Stat. 859)).
heading: Amendments
text: 1974—Subsecs. (b), (c). Pub. L. 93–416 struck out subsec. (b) which authorized the Secretary to prospectively recompute compensation because of decreased wage earning power after age 70, aside from injury, and redesignated subsec. (c) as (b).
heading: Effective Date of 1974 Amendment
text: Amendment by Pub. L. 93–416 applicable to case where injury or death occurred prior to Sept. 7, 1974, but only to a period beginning 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.
heading: Effective Date of 1967 Amendment
text: Amendment by Pub. L. 90–83 effective as of Sept. 6, 1966, for all purposes, see section 9(h) of Pub. L. 90–83, set out as a note under section 5102 of this title.
5 U.S.C. § 8115 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8115. Determination of wage-earning capacity
(a) In determining compensation for partial disability, except permanent partial disability compensable under sections 8107–8109 of this title, the wage-earning capacity of an employee is determined by his actual earnings if his actual earnings fairly and reasonably represent his wage-earning capacity. If the actual earnings of the employee do not fairly and reasonably represent his wage-earning capacity or if the employee has no actual earnings, his wage-earning capacity as appears reasonable under the circumstances is determined with due regard to—
(1) the nature of his injury;
(2) the degree of physical impairment;
(3) his usual employment;
(4) his age;
(5) his qualifications for other employment;
(6) the availability of suitable employment; and
(7) other factors or circumstances which may affect his wage-earning capacity in his disabled condition.
(b) Section 8114(d) of this title is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 542.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 763.
Sept. 7, 1916, ch. 458, § 13, 39 Stat. 746.
Oct. 14, 1949, ch. 691, § 204, 63 Stat. 864.
Sept. 13, 1960, Pub. L. 86–767, § 204, 74 Stat. 908.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 8117 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8117. Time of accrual of right
(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 sections 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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93–416, § 10, Sept. 7, 1974, 88 Stat. 1145; Pub. L. 109–435, title IX, § 901(a), Dec. 20, 2006, 120 Stat. 3253.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes 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.
heading: Amendments
text: 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”.
heading: Effective Date of 1974 Amendment
text: Amendment 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.
5 U.S.C. § 8118 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8118. Continuation of pay; election to use annual or sick leave
(a) The United States shall authorize the continuation of pay of an employee, as defined in section 8101(1) of this title (other than those referred to in clause (B) or (E), who has filed a claim for a period of wage loss due to a traumatic injury with his immediate superior on a form approved by the Secretary of Labor within the time specified in section 8122(a)(2) of this title.
(b) Continuation of pay under this subchapter shall be furnished—
(1) without a break in time, except as provided under section 8117(b), unless controverted under regulations of the Secretary;
(2) for a period not to exceed 45 days; and
(3) under accounting procedures and such other regulations as the Secretary may require.
(c) An employee may use annual or sick leave to his credit at the time the disability begins, but his compensation for disability does not begin, and the time periods specified by section 8117 of this title do not begin to run, until termination of pay as set forth in subsections (a) and (b) or the use of annual or sick leave ends.
(d) If a claim under subsection (a) is denied by the Secretary, payments under this section shall, at the option of the employee, be charged to sick or annual leave or shall be deemed overpayments of pay within the meaning of section 5584 of title 5, United States Code.
(e) Payments under this section shall not be considered as compensation as defined by section 8101(12) of this title.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93–416, § 11, Sept. 7, 1974, 88 Stat. 1145; Pub. L. 109–435, title IX, § 901(b), Dec. 20, 2006, 120 Stat. 3254.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 758.
Sept. 7, 1916, ch. 458, § 8, 39 Stat. 743.
Oct. 14, 1949, ch. 691, § 101(b), 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.
heading: Amendments
text: 2006—Subsec. (b)(1). Pub. L. 109–435 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “without a break in time unless controverted under regulations of the Secretary;”.
1974—Pub. L. 93–416 inserted in section catchline the reference to continuation of pay, added subsecs. (a), (b), (d) and (e), designated existing provisions as subsec. (c), and in subsec. (c) as so designated, substituted “until termination of pay as set forth in subsections (a) and (b) or the use of annual or sick leave ends” for “until the use of the annual or sick leave ends”.
heading: Effective Date of 1974 Amendment
text: Pub. L. 93–416, § 28(b), Sept. 7, 1974, 88 Stat. 1151, provided that: “Section 11 of this Act [amending this section] shall become effective 60 days from enactment [Sept. 7, 1974] and be applicable to any injury occurring on or after such effective date.”