
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8118]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 8118. Continuation of pay; election to use annual or sick 
        leave
        
    (a) The United States shall authorize the continuation of pay of an 
employee, as defined in section 8101(1) of this title (other than those 
referred to in clause (B) or (E), who has filed a claim for a period of 
wage loss due to a traumatic injury with his immediate superior on a 
form approved by the Secretary of Labor within the time specified in 
section 8122(a)(2) of this title.
    (b) Continuation of pay under this subchapter shall be furnished--
        (1) without a break in time unless controverted under 
    regulations of the Secretary;
        (2) for a period not to exceed 45 days; and
        (3) under accounting procedures and such other regulations as 
    the Secretary may require.

    (c) An employee may use annual or sick leave to his credit at the 
time the disability begins, but his compensation for disability does not 
begin, and the time periods specified by section 8117 of this title do 
not begin to run, until termination of pay as set forth in subsections 
(a) and (b) or the use of annual or sick leave ends.
    (d) If a claim under subsection (a) is denied by the Secretary, 
payments under this section shall, at the option of the employee, be 
charged to sick or annual leave or shall be deemed overpayments of pay 
within the meaning of section 5584 of title 5, United States Code.
    (e) Payments under this section shall not be considered as 
compensation as defined by section 8101(12) of this title.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93-416, Sec. 11, 
Sept. 7, 1974, 88 Stat. 1145.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 758.                 Sept. 7, 1916, ch.
                                                    458, Sec.  8, 39
                                                    Stat. 743.
                     ............................  Oct. 14, 1949, ch.
                                                    691, Sec.  101(b),
                                                    63 Stat. 854.
------------------------------------------------------------------------

    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1974--Pub. L. 93-416 inserted in section catchline the reference to 
continuation of pay, added subsecs. (a), (b), (d) and (e), designated 
existing provisions as subsec. (c), and in subsec. (c) as so designated, 
substituted ``until termination of pay as set forth in subsections (a) 
and (b) or the use of annual or sick leave ends'' for ``until the use of 
the annual or sick leave ends''.


                    Effective Date of 1974 Amendment

    Section 28(b) of Pub. L. 93-416 provided that: ``Section 11 of this 
Act [amending this section] shall become effective 60 days from 
enactment [Sept. 7, 1974] and be applicable to any injury occurring on 
or after such effective date.''

                  Section Referred to in Other Sections

    This section is referred to in title 22 section 3715a.
