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2026-07-06 09:52:37 -04:00

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LegalText 5 U.S.C. § 8118 Continuation of pay; election to use annual or sick leave us united_states_code code_section 5 GOVERNMENT ORGANIZATION AND EMPLOYEES 81 COMPENSATION FOR WORK INJURIES 8118 5 U.S.C. § 8118 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip /us/usc/t5/s8118 data/legal/raw/us/code/title-05/usc05.xml 28e9278562fbbfec10887e3931cf1eedda0c010e1d698a9c30770b67da605f68 719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540 578f6e31e7a7cd0614d1275c4204159dff94cb8a1583448ae9cd3aa817ce081a 2026-07-04 official
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5 U.S.C. § 8118 - Continuation of pay; election to use annual or sick leave

Text

(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, except as provided under section 8117(b), 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. 89554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93416, § 11, Sept. 7, 1974, 88 Stat. 1145; Pub. L. 109435, title IX, § 901(b), Dec. 20, 2006, 120 Stat. 3254.)

Notes

Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 758.Sept. 7, 1916, ch. 458, § 8, 39 Stat. 743.   Oct. 14, 1949, ch. 691, § 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.

Editorial Notes

Amendments2006—Subsec. (b)(1). Pub. L. 109435 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “without a break in time unless controverted under regulations of the Secretary;”. 1974—Pub. L. 93416 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”.

Statutory Notes and Related Subsidiaries

Effective Date of 1974 AmendmentPub. L. 93416, § 28(b), Sept. 7, 1974, 88 Stat. 1151, 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.”