Federal Union Officials & Federal Workers Compensation

Federal union officials often find themselves in a unique position when it comes to worker's

compensation coverage under the Federal Employees' Compensation Act (FECA). While engaged in authorized representational activities, they are generally covered. However, the line becomes blurred when officials are conducting internal union business or are not on "authorized union time" by their agency. Understanding these distinctions is critical, as coverage under an Office of Worker's Compensation Programs (OWCP) claim can hinge on whether official time was granted at the time of injury.

The Importance of "Official Time" and Claims to Federal Workers Compensation

The Office of Worker's Compensation Program (OWCP) clearly defines "official time" as time granted to an employee by an agency to perform representational functions when the employee would otherwise be in a duty status (without charge to leave or loss of pay). (See, FECA Procedure Manual 2-0804-16). The keyword here is "granted." This means union officials must request and have official time approved before engaging in representational activities outside their normal duty. Simply leaving a worksite to conduct union business, even with good intentions, may not be sufficient for coverage. Such situations often lead to agency inquiries into the employee's status at the time of injury, which can result in a claim controversion. (See, Gary L. Adams, 107 LRP 12148 (ECAB 2007)).

For union officials on "block time" (e.g., 50% or 100% official time), proving they were on official time at the moment of injury is generally less problematic. However, in all instances, maintaining adequate documentation is paramount. Every situation can be unique, and when in doubt, seeking a second opinion from a consultant is highly advisable.

What's Not Covered?

It's important to note that these same protections under FECA do not typically extend to union members. For example, if an employee is off duty and meets with a union official, and sustains an injury during that time, it is highly unlikely that the injury will be covered by worker's compensation. (See, James J. Kilgore, (ECAB 2003)). This distinction highlights the specific nature of coverage for officials engaged in authorized representational activities.

Key Takeaways for Union Officials

• Always Request Official Time: Before leaving your worksite or engaging in representational duties, ensure you have received explicit authorization and official time has been granted by your agency.

• Document Everything: Maintain thorough records of your official time requests, approvals, and the activities you were engaged in.

• Understand Your Status: Be clear about whether you are on authorized official time or conducting internal union business. Internal union business is generally not covered.

• Seek Expert Advice: If you're unsure about your coverage status or have a unique situation, consult with a specialist in federal worker's compensation.

By understanding the nuances of "official time" and maintaining diligent records, federal union officials can better protect themselves under FECA and navigate OWCP claims with greater clarity.