114.1 Once an employing agency accepts a claim for COP or the Program accepts a claim for wage-loss compensation, an employee shall not be required to use his or her sick or annual leave while the employee is not working as a result of the compensable injury, except as provided in §§ 112 and 113 of this chapter.

114.2 [REPEALED]

114.3 An employee who has used leave prior to the Program’s acceptance of his or her claim for indemnity compensation may apply for leave reinstatement under this section.

114.4 An employee who is eligible for leave restoration under this section may request leave restoration by completing Form CA10 and submitting the form to the Program.

114.5 Once the Program determines that an employee is eligible to have leave reinstated pursuant to § 114.3 of this chapter, sixty-six and two-thirds percent (66 2/3%) or, if the employee is entitled to augmented pay pursuant to Section 2310 of the Act, seventy-five percent (75%), of the employee’s leave will be reinstated upon the acceptance of the claim, provided that employee agrees to:

(a) Off-set his or her award for retroactive benefits by the total amount needed to reinstate his or her leave;

(b) Pay, if any, the difference between employee’s unadjusted wage-loss compensation rate and the total value of leave to be restored; and

(c) Indicate on Form 10 the employee’s consent to the off-set of benefits for reinstatement of leave and returning it to the Program within seven (7) days of receiving the Program’s determination.

114.6 Once the Program receives Form 10, the Program shall forward the form to the Office of Pay and Retirement Services in the Office of the Chief Financial Officer for processing.

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).