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

114.2 An employee whose claim for COP or indemnity compensation is accepted may have his or her leave hours reinstated in the following circumstances:

(a) The employee's disability exceeds fourteen (14) days or is followed by permanent disability and the claimant used three (3) days of sick, annual, or other leave during the first three (3) days of the injury, pursuant to § 112 of this chapter; or

(b) The employee used sick, annual, or other leave after the continuation of pay period and before the employee's claim was accepted.

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 for leave restoration by completing Form CA 10 and submitting the form to:

(a) The employing agency within fourteen (14) days of approval for COP, if the employee's disability does not exceed twenty-one (21) days; or

(b) The Program within fourteen (14) days of acceptance of the claim for indemnity benefits, if the employee's disability exceeds twenty-one (21) days.

114.5 Once the Program determines that a claimant is eligible to have leave reinstated pursuant to § 114.2, sixty-six and two-thirds percent (66 2/3%) or, if the claimant is entitled to augmented pay pursuant to Section 2310 of the Act, seventy-five percent (75%), of the claimant's leave will be reinstated upon the acceptance of the claim, provided that Claimant 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 sixty-six and two-thirds percent (66 2/3%) or, if the claimant is entitled to augmented pay pursuant to Section 2310 of the Act, seventy-five percent (75%), and one hundred percent

(100%) of the value of the leave; 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 made pursuant to §114.5.

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).