Navigating LWOP and OWCP Claims: Federal Worker's Compensation

Navigating the complexities of Leave Without Pay (LWOP) while managing an Office of Workers' Compensation Programs (OWCP) claim can be a source of significant confusion for federal employees and agencies alike. This often stems from misunderstandings, administrative hurdles, and a lack of clear communication between various agency components. Many agencies, while centralizing OWCP functions, often leave the granular details of leave administration to local human resources, leading to disconnects that can leave employees on agency rolls for far longer than necessary, or worse, facing adverse actions.

Understanding Leave Without Pay (LWOP)

Leave Without Pay is an administrative tool that allows an agency to keep an employee on its rolls despite their absence from work, without requiring the use of sick or annual leave. Agencies typically have broad discretion in granting LWOP, and generally aren't obligated to do so absent a specific regulatory or statutory trigger such as FMLA or an approved OWCP claim. However, this discretion is also somewhat limited in specific circumstances, such as approved OWCP claims (and FMLA situations). Even so, an agency can deny LWOP once an employee exhausts accrued leave if there's no foreseeable end to the absence and it creates an undue burden on the agency. Case law, such as Bologna v. Department of Defense and Calderon v. Department of Homeland Security, supports this discretion.

LWOP in Connection with Approved Federal Worker's Compensation Claim

Generally, an employee with an approved OWCP claim in a Federal Worker's Compensation claim is entitled to LWOP. This authorization typically shields the employee from being charged with AWOL (Absence Without Leave). It's crucial to understand, however, that an agency can still pursue adverse actions based on leave-related charges if an employee fails to obtain LWOP approval, even with a pending OWCP claim. (See Sambrano, 116 M.S.P.R. 449).

Office of Personnel Management (OPM) regulations (5 C.F.R. 353.106 § (b); 5 U.S.C. 8151 § (b)(1)) state that an employee absent due to a compensable injury may be carried on LWOP or even separated, unless they elect to use sick or annual leave. While agencies are generally hesitant to separate an employee within the first year of a compensable claim without unusual circumstances, they are never required to retain an employee indefinitely.

The real challenge often lies in the local administration of LWOP in these situations. Effective coordination between the supervisor, timekeeper, OWCP Specialist, employee, and human resources is vital for managing Continuation of Pay (COP - not covered in detail here), LWOP dates, approvals, tracking, extension requests, and the impact on employee benefits.

Employee Responsibility is Key

We frequently encounter cases where employees face removal due to AWOL charges during periods of approved OWCP claims or pending claim adjudication. Many of these situations could have been avoided if the employee had not remained passive. For instance, an employee might mistakenly believe they only need to provide medical information to the OWCP Specialist, not their supervisor. This is incorrect. However, we do acknolwedge some variances in agency regulations.

Whether your OWCP claim is approved or pending, you, the employee, generally have an obligation to actively request and obtain LWOP using your agency's established processes and regulations. Do not assume LWOP is automatic simply because you've filed an OWCP claim.

Key steps for employees:

1. Submit a request for LWOP: Include administratively acceptable medical information supporting your need for leave and clearly state that the request is in connection with an OWCP claim.

2. Ensure agency "journalizes" approval: An approved LWOP request should be documented via an SF-50 for a specific period.

3. Request extensions: As the approved LWOP period nears its end, proactively request and secure an extension if needed, following your agency's specific procedures. Some agencies approve short periods (e.g., a month), while others may grant longer absences. A longer approved absence that later proves unnecessary is easily corrected by returning the employee to duty (RTD).

4. Understand benefit impacts: Be aware that LWOP can adversely affect your benefits and may lead to accruing debt for premiums. Contact your local human resources office (processing and records or benefits section) for personalized guidance.

Closing

When it comes to employment matters impacting your pay and benefits, especially concerning LWOP and OWCP claims, it is critical for federal employees to be proactive and engaged. Never assume "things are being taken care of." There are many moving parts, and often, the affected employee is the crucial link connecting all these pieces. Your active participation is paramount to ensuring a smooth process and protecting your employment status and benefits.