112.1 Once an employee makes a claim for COP, the first three (3) days of leave must be charged to leave without pay, unless the disability:

(a) Exceeds fourteen (14) calendar days; or

(b) Is followed by permanent disability.

112.2 The first three (3) days under § 112.1 means the first three (3) days during which the employee was scheduled to work but was absent due to disability that was caused by traumatic injury.

(a) A “day” for purposed of this subsection consists of eight (8) hours. Three (3) days consists of twenty-four (24) hours.

112.3 If §§ 112.1(a) or (b) apply, then those first three (3) days of temporary disability shall count towards Continuation of Pay as provided in Section 2318(b)(2) of the Act.

112.4 Subject to the provisions at §§ 112.1 to 112.3 and 113.2, the Employing Agency shall furnish continuation of pay to the employee as follows:

(a) To employees hired before January 1, 1980, for a period not to exceed forty-five (45) consecutive days or until the Program has either accepted or denied the employee’s claim for compensation, whichever occurs first; and

(b) To all other employees for a period not to exceed twenty-one (21) consecutive days or until the Program has either accepted or denied the employee’s claim for compensation, whichever occurs first.

SOURCE: Final Rulemaking published at 28 DCR 2307 (May 22, 1981); 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, 12229 (December 24, 2010); as amended by Final Rulemaking published at 59 DCR 8766, 8771 (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).