---
kind: "section"
citation: "5 U.S.C. § 8117"
title: "5"
title_heading: "Government Organization and Employees"
number: "8117"
heading: "Time of accrual of right"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8117"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 81 — Compensation for Work Injuries"
  - "Subchapter I — Generally"
---

# §8117. Time of accrual of right

- (a) An [employee](/usc/5/8101.md?p=1) other than a Postal [Service](/usc/5/8401.md?p=26) [employee](/usc/5/8101.md?p=1) is not entitled to [compensation](/usc/5/8101.md?p=12) for the first 3 days of temporary disability, except—
  - (1) when the disability exceeds 14 days;
  - (2) when the disability is followed by permanent disability; or
  - (3) as provided by sections [8103](/usc/5/8103.md) and [8104](/usc/5/8104.md) of this title.
- (b) A Postal [Service](/usc/5/8401.md?p=26) [employee](/usc/5/8101.md?p=1) is not entitled to [compensation](/usc/5/8101.md?p=12) or continuation of [pay](/usc/5/7511.md?p=a-4) for the first 3 days of temporary disability, except as provided under [paragraph (3)](#a-3) of subsection (a). A Postal [Service](/usc/5/8401.md?p=26) [employee](/usc/5/8101.md?p=1) may use annual leave, sick leave, or leave without [pay](/usc/5/7511.md?p=a-4) during that 3-day period, except that if the disability exceeds 14 days or is followed by permanent disability, the [employee](/usc/5/8101.md?p=1) may have their sick leave or annual leave reinstated or receive [pay](/usc/5/7511.md?p=a-4) for the time spent on leave without [pay](/usc/5/7511.md?p=a-4) under this section.

## Source credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93–416, § 10, Sept. 7, 1974, 88 Stat. 1145; Pub. L. 109–435, title IX, § 901(a), Dec. 20, 2006, 120 Stat. 3253.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes at Large |
|  | 5 U.S.C. 752. | Sept. 7, 1916, ch. 458, § 2, 39 Stat. 743. |
|  |  | Oct. 14, 1949, ch. 691, § 101(a), 63 Stat. 854. |

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

### Editorial Notes

### Amendments

2006—Pub. L. 109–435 designated existing provisions as subsec. (a), substituted “An employee other than a Postal Service employee” for “An employee”, and added subsec. (b).

1974—Pub. L. 93–416 substituted “14 days” for “21 days”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1974 Amendment

Amendment by Pub. L. 93–416 effective Sept. 7, 1974, and applicable to any injury or death occurring on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93–416, set out as a note under section 8101 of this title.