Good afternoon everyone:
Due to several phone calls regarding OWCP and the Day of Mourning. Please find the below information that was put regarding by NALC HQ and how it affects those on compensation.
The parties have an MOU clarifying regulations for any National Day of Observance, found on page 10-20 of the JCAM. The applicable section for OWCP absences is found in item 9. It reads:
An employee on OWCP, AWOL, suspension or pending removal on the National Day of Observance will not be granted administrative leave. If the employee on AWOL, suspension or pending removal is returned to duty and made whole for the period of AWOL, suspension or removal, the employee may be eligible for administrative leave for the National Day of Observance if the period of suspension or removal for which the employee is considered to have been made whole includes the National Day of Observance. Such determination will be made by counting back consecutive days from the last day of the suspension or removal to determine if the employee had been made whole for the National Day of Observance.
This language does not specifically address an employee working part-time and being compensated by OWCP for the remainder of their day. ELM Section 519.426 further address this:
519.426 Employees on Continuation of Pay, Office of Workers’ Compensation Programs Pay, and Leave Without Pay
Employees on continuation of pay (COP) and employees on leave without pay (LWOP) not associated with Office of Workers’ Compensation Programs (OWCP) on the national day of observance are granted a day of administrative leave for up to 8 hours.
Employees working part days on the national day of observance as a result of an injury on duty (IOD) receive administrative leave equal to the hours normally worked.
Employees not working as a result of an IOD and employees on OWCP pay on the national day of observance are not granted administrative leave.
To answer one question that a been ask few times:
Q. If the claimant is a full-time employee and only works a part-time schedule due to his OWCP related injury, will they be compensated for January 9, 2015, if it is not a regularly scheduled workday?
A. By combining Section 3 of the National Day of Observance MOU with the language found in ELM 519.426, the claimant will be granted administrative leave equal to the hours normally worked per day. I hope this provides enough information for you to all assist with any questions you received on the matter.
Brian Thompson, NBA Region 12, NALC
4 Neshaminy Interplex, Suite 111
Trevose, Pa. 19053
Phone # 215-824-4826 Fax # 267-262-6222
