Section 7-110. LEAVE REINSTATEMENT OR BUY BACK

 

110.1Once the Program accepts a claim for TTD, a claimant 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 stated in § 109 of this chapter.

 

110.2A claimant whose TTD claim is accepted by the Program may have his or her leave hours reinstated or buy back his or her leave hours in the following circumstances:

 

(a) The claimant’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 § 109 of this chapter;

 

(b) The claimant used sick, annual, or other leave after the continuation of pay period and before the claimant’s claim was accepted; or

 

(c) Any other circumstance where the claimant used sick, annual, or other leave after a claim for TTD has been accepted, for example, for a doctor’s appointment or medical procedure related to the accepted claim.

 

110.3If the circumstances described in § 110.2(a) or (b) above exist, then 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.  

 

110.4If the Program determines that a claimant is eligible to have leave reinstated pursuant to § 110.2(c), or that a claimant is eligible to buy back his or her leave for any reason, the Program shall send a form to the claimant that informs the claimant of the following:

 

(a) The dates and hours of leave that the claimant is eligible to have reinstated or to buy back;

 

(b) The cost of buying back the leave, which shall be 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) That the claimant will be required to sign the form and return it to the Program in order for his or her leave to be reinstated.     

 

110.5Once the Program receives the form requested in § 110.4, the Program shall forward the form to the Office of Pay and Retirement Services in the Office of the Chief Financial Officer for processing.

authority

Chief Risk Officer of the Office of Risk Management (ORM), Executive Office of the Mayor, pursuant to the authority set forth in section 2344 of the District of Columbia Government Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-623.44 (2012 Supp.)); section 7 of Reorganization Plan No. 1 of 2003 for the Office of Risk Management, effective December 15, 2003; and Mayor’s Order 2004-198, effective December 14, 2004

source

Notice of Final Rulemaking published at 28 DCR 2307 (May 22, 1981); repealed and replaced by Final Rulemaking published at 59 DCR 8766, 8775 (July 27, 2012).