D.C. Mun. Regs. tit. 7, § 107
Continuation of Pay (COP), Eligibility
Effective Apr 5, 201966 DCR 4246Authority: Section 2344 of the District of Columbia Government Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-623.44 (2016 Supp.)); the Office of Administrative Hearings Establishment Act of 2001 (OAH Act), effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code §§ 1-1831.01 et seq. (2016 Repl.)); Section 7 of Reorganization Plan No. 1 of 2003 for the Office of Risk Management, effective December 15, 2003; and Mayor's Order 2004-198, dated December 14, 2004. Source: Final Rulemaking published at 28 DCR 2307 (May 22, 1981); as amended by Final Rulemaking published at 47 DCR 7484 (September 15, 2000); as amended by Emergency and Proposed Rulemaking published at 57 DCR 9540 (October 8, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 12224, 12228 (December 24, 2010); as amended by Final Rulemaking published at 59 DCR 8766, 8769 (July 27, 2012); as amended by Final Rulemaking published at 64 DCR 6325 (July 7, 2017); as amended by Final Rulemaking published at 66 DCR 4246 (April 5, 2019).District of Columbia, Office of the Secretary
107.1 To be eligible for COP, an employee must:
- (a) Experience a traumatic injury;
- (b) Be medically unable to work due to the traumatic injury; and
- (c) File a notice of injury and assert a claim for COP within thirty (30) days of a traumatic injury.
107.2 Employees within the meaning of Section 2301(1)(B) and (C) of the Act are not eligible for COP or deductions under § 128 of this chapter, unless the employee is also an employee within the meaning of Section 2301(1)(A) of the Act.
107.3 The term “day(s)” for the purpose of Section 2318(b) of the Act means calendar day(s).
107.4 An employee is only eligible for COP for the period during which he or she is placed out of work by a qualified health professional as a result of a work injury. For purposes of COP, a work injury is a traumatic injury that is sustained by an employee at work and is not the result of the injured employee’s intentionally wrongful act.
SOURCE: Final Rulemaking published at 28 DCR 2307 (May 22, 1981); as amended by Final Rulemaking published at 47 DCR 7484 (September 15, 2000); as amended by Emergency and Proposed Rulemaking published at 57 DCR 9540 (October 8, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 12224, 12228 (December 24, 2010); as amended by Final Rulemaking published at 59 DCR 8766, 8769 (July 27, 2012); as amended by Final Rulemaking published at 64 DCR 6325 (July 7, 2017); as amended by Final Rulemaking published at 66 DCR 4246 (April 5, 2019).