CONDITIONS FOR CONTINUATION OF PAY

Providing COP
Withholding and Terminating COP
Terminating COP

Providing COP

An injured employee’s request for COP must be granted by the USPS except in the following six circumstances:

• The disability is caused by an occupational disease
• The injury occurs off USPS premises and the employee is not performing official "off premises" duties
• The injury is caused by one of the following:
  • The employee’s willful misconduct
  • The employee’s intent to kill or injure himself or herself or another person
  • The employee’s intoxication by alcohol or illegal drugs
• The injury is not reported on CA-1 within 30 days following the injury.
• Work stoppage first occurred more than 90 days following the injury.
• The employee initially reports the injury after his or her employment has terminated.

When casual employees or other employees with specific terms of employment are injured, provide COP only through the end of their appointments.

The USPS may controvert the employee’s right to COP for reasons other than the six circumstances cited above. However, the final determination of COP entitlement lies with OWCP.

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Withholding and Terminating COP

The ICCO is responsible for challenging a claimant’s case if it is found that the five basic conditions have not been met and for controverting COP to which the claimant is not entitled. COP may also be withheld or terminated during the 45-day COP period only in those cases meeting the criteria specified in FECA’s implementing regulations.

Do not withhold or terminate COP in the following situations:

• As part of disciplinary action, or as a result of a disciplinary action that terminates employment, unless written notice of termination for cause was issued to the employee before the date of injury.
• Pending OWCP’s controversion decision
• In cases where either one of the following applies:
  • Facts of injury are questionable
  • Medical evidence does not establish causal relationship

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Terminating COP

Terminate COP in the following instances:

• The employee does not submit prima facie medical evidence within 10 working days after claiming COP. In this case, ensure that the employee is aware of this requirement and of the fact that COP may be reinstated upon receipt of such evidence.
• The ICCO receives medical evidence that the employee’s treating physician has found the employee to be no longer disabled, but capable of performing the duties of the position held at the time of injury. In this case, direct the employee back to work.
• The ICCO receives medical evidence that the employee’s treating physician has found the employee to be partially disabled and the employee does not respond to a written limited duty assignment offer within 5 working days of such offer.
• The ICCO receives notification from OWCP that COP should be terminated.
• The employee’s scheduled period of employment expires or employment is otherwise terminated, provided the date of termination of employment was established before the date of injury.

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