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LegalText 5 U.S.C. § 8151 Civil service retention rights us united_states_code code_section 5 GOVERNMENT ORGANIZATION AND EMPLOYEES 81 COMPENSATION FOR WORK INJURIES 8151 5 U.S.C. § 8151 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/s8151 data/legal/raw/us/code/title-05/usc05.xml 1f3fc731c927b525eeffd9b6947a0dacf14d3a99ac705977cc5aeea55d119e36 719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540 96f2950aa88c15e567753e1190276b4ee241a791d717beffa9573c805808a8e5 2026-07-04 official
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5 U.S.C. § 8151 - Civil service retention rights

Text

(a) In the event the individual resumes employment with the Federal Government, the entire time during which the employee was receiving compensation under this chapter shall be credited to the employee for the purposes of within-grade step increases, retention purposes, and other rights and benefits based upon length of service.

(b) Under regulations issued by the Office of Personnel Management—

(1) the department or agency which was the last employer shall immediately and unconditionally accord the employee, if the injury or disability has been overcome within one year after the date of commencement of compensation or from the time compensable disability recurs if the recurrence begins after the injured employee resumes regular full-time employment with the United States, the right to resume his former or an equivalent position, as well as all other attendant rights which the employee would have had, or acquired, in his former position had he not been injured or disabled, including the rights to tenure, promotion, and safeguards in reductions-in-force procedures, and

(2) the department or agency which was the last employer shall, if the injury or disability is overcome within a period of more than one year after the date of commencement of compensation, make all reasonable efforts to place, and accord priority to placing, the employee in his former or equivalent position within such department or agency, or within any other department or agency.

(Added Pub. L. 93416, § 22, Sept. 7, 1974, 88 Stat. 1149; amended Pub. L. 95454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)

Notes

Editorial Notes

Amendments1978—Subsec. (b). Pub. L. 95454 substituted “Office of Personnel Management” for “Civil Service Commission”.

Statutory Notes and Related Subsidiaries

Effective Date of 1978 AmendmentAmendment by Pub. L. 95454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95454, set out as a note under section 1101 of this title.

Effective DateSection applicable to cases where injury or death occurred prior to Sept. 7, 1974, but only to a period beginning on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93416, set out as an Effective Date of 1974 Amendment note under section 8101 of this title.