What is Continuation of Pay (COP)?
For most employees who sustain a traumatic injury, the Federal Employees’ Compensation Act (FECA) requires the employer to continue the employee’s regular pay during any periods of disability, up to a maximum of 45 calendar days. This uninterrupted pay is known as Continuation of Pay (COP) and is paid by the employing agency, not the Office of Workers’ Compensation Programs (OWCP).
Continuation of Pay provides up to 45 days of income stability for claimants disabled due to a work-related incident. Because of this, claimants can lose work time without losing wages while their claim is under adjudication.
After the 45-day period ends, the agency stops providing COP. If the claimant remains disabled and unable to work because of the job injury, they may then become eligible for temporary total disability (TTD) compensation. As the 30th day of COP approaches, the Workers’ Compensation Specialist (WCS) should notify the claimant that they must file Form CA-7 in ECOMP if they expect to be out beyond the COP period.
Eligibility Requirements for Continuation of Pay (COP)
To qualify for Continuation of Pay, a claimant must meet all three requirements:
- Experience a traumatic injury covered by FECA.
- Report the injury within 30 days of the date of injury (DOI).
- Submit medical evidence supporting disability from work due to the injury.
Medical evidence must show disability and state when the employee can return to their date-of-injury job. Claimants must provide this medical evidence to the employer within 10 calendar days after filing for COP. If no medical evidence is received by day 10, WCS does not extend COP until the documentation is submitted.
Time for COP eligibility begins on the day after the DOI, matching FECA’s timely filing rules.
When Claimants Become Disqualified
Even when claimants meet eligibility rules, they lose COP entitlement if:
-
Medical evidence shows they can perform light duty and
-
The agency offers a written light-duty assignment within medical limits and
-
The claimant refuses the light-duty offer
How the 45 Days of Continuation of Pay (COP) Are Counted
Continuation of Pay begins on the first full or partial day the employee loses time after the DOI. For example, if the employee breaks an ankle on Monday and misses work Tuesday, Tuesday is day one of COP.
Most agencies keep employees in pay status on the day of injury (administrative absence). However, the U.S. Postal Service (USPS) follows a different rule: USPS employees are not entitled to COP for the first three days unless disability exceeds 14 days or results in permanent disability.
Special Timing Rules
If the injury occurs before the shift begins, and the employee misses the entire shift, then the DOI counts as day one.
Continuation of Pay days are counted consecutively, including weekends and holidays. Any portion of a day missed counts as one COP day. The return-to-duty day does not count unless the claimant only returns for a partial shift.
If an employee uses sick or annual leave immediately after the injury, those days still count against the 45-day COP limit. However, the employee may request to convert leave to COP if:
-
The request is made within one year of when leave was used or
-
Within one year of the claim’s acceptance date
Agencies cannot substitute leave for COP without employee consent.
Light Duty and COP
If the employee returns to light duty that pays the same as their regular job, COP ends that day. However, if light duty pays less, the claimant continues to receive COP for up to 45 days.
Continuation of Pay and Recurrences
If a claimant fully or partially returns to duty before the 45-day period expires, they may use the remaining unused COP days only if a recurrence occurs.
The recurrence must begin:
-
Within 45 days after the first return-to-duty date
If the recurrence begins after 45 days, COP no longer applies even if unused days remain.
Want to Learn more?
Explore how leading government agencies and risk managers are using our investigative services to strengthen oversight of legacy claims.
📄 Download our white paper: FECA Claims Investigations by the Numbers
Stay Updated: Get our latest posts, FECA Trends, and upcoming trainings—right in your feed
👉 Follow Frasco on LinkedIn
Contact Us Today
Frasco® Government Services delivers ethical and efficient solutions tailored to your needs. Have questions or want to discuss your investigative needs further?
Schedule a call with Craig DeMello, a nationally recognized expert in Federal Workers’ Compensation. With over 30 years of experience in public service, Craig provides practical insight and proven expertise to help clients navigate complex federal claims. As a Government Services Specialist at Frasco, he is dedicated to delivering clear answers and effective strategies to support your agency’s goals.
Disclaimer: This blog post is for informational purposes only and should not be considered legal advice. Please consult your general counsel for specific legal guidance. Frasco investigators are licensed, and our operations comply with US industry, federal, state, and local laws.