Two employing agencies and two labor organizations objected to the removal of the leave buy-back provision found at current Sec. 10.310. Most important among the reasons for this removal, which are stated in the Preamble to the Proposed Rule, is that leave buy-back is neither authorized nor required by the FECA, nor is it controlled by OWCP

The commenters argued that agencies would not have the authority to convert periods of leave to LWOP without the equivalent of the current Sec. 10.310, and that in remaining silent about this issue, OWCP is abandoning its own procedures. It was also stated that compensation would have to be paid directly to employees, without reimbursement to agencies, and that employees would have to pay the entire cost of leave to agencies before leave restoration, instead of compensation due being paid to agencies. Finally, the two agencies stated that the current procedure, where OWCP pays the agency directly, aids in debt collection, and that removal of the leave buy-back provision from OWCP's regulations would add work for agencies

The reasons for removal of the leave buy-back provision have not changed. However, since OWCP does in fact have a procedure for paying compensation when leave is restorable, a brief mention of this process in this rule is considered warranted, and it is being added as new Sec. 10.425.

Sec. 10.425 May compensation be claimed for periods of restorable leave?

The employee may claim compensation for periods of annual and sick leave which are restorable in accordance with the rules of the employing agency. Forms CA-7a and CA-7b are used for this purpose.

A labor organization argued for inclusion of language which would bar the results of medical examinations requested by the employer from being used to reduce or terminate OWCP benefits, unless those results were corroborated by medical examinations directed by OWCP. The program's procedures have stated for some time that such examinations will not be used in this way, and OWCP is not aware of any problems which have arisen with respect to this policy. Therefore, the program does not believe that it is necessary to address it by regulation.

Sec. 10.324 May an employer require an employee to undergo a physical examination in connection with a work-related injury?

The employer may have authority independent of the FECA to require the employee to undergo a medical examination to determine whether he or she meets the medical requirements of the position held or can perform the duties of that position. Nothing in the FECA or in this part affects such authority. However, no agency-required examination or related activity shall interfere with the employee's initial choice of physician or the provision of any authorized examination or treatment, including the issuance of Form CA-16.

Withdrawal of claim

Sec. 10.100 How and when is a notice of traumatic injury filed?

(3) The claimant may withdraw his or her claim (but not the notice of injury) by so requesting in writing to OWCP at any time before OWCP determines eligibility for benefits. Any continuation of pay (COP) granted to an employee after a claim is withdrawn must be charged to sick or annual leave, or considered an overpayment of pay consistent with 5 U.S.C. 5584, at the employee's option.