One thought on “Question about Loss of Overtime because of On-The-Job Injury

  1. Union and NAME of Local/Branch
    APWU - Auburn WA Local
    Office held, if any
    Retired President
    Form CA-1, Notice of Traumatic Injury, asks if the injured employee wants to take “Continuation of regular pay (COP) not to exceed 45 days” or “Sick and/or Annual Leave.” The phrase “regular pay” is repeated in ELM 541.2d, which defines Continuation of Pay (COP) as “continuation of the employee’s regular pay for a period of 45 calendar days.”

    “Regular pay” under the Federal Employees Compensation Act regulations excludes overtime, but does include night differential, Sunday premium and COLA. See the chart at ELM Exhibit 434.8 Pyramiding of Premiums. An interesting legal question would be the overtime built into some NTFT employees’ regular work schedule.

    During the first three calendar days of disability following the date of injury, a COP-eligible employee can only use annual leave, sick leave, or leave without pay. Those options exclude payment of regular pay and overtime. If the work disability exceeds a total of 14 calendar days, the AL, SL or LWOP/IOD elected by the employee is changed to COP. For more information, see The 3-Day Waiting Period written by Sue Carney.

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