---
kind: "section"
citation: "5 U.S.C. § 8118"
title: "5"
title_heading: "Government Organization and Employees"
number: "8118"
heading: "Continuation of pay; election to use annual or sick leave"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8118"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 81 — Compensation for Work Injuries"
  - "Subchapter I — Generally"
---

# §8118. Continuation of pay; election to use annual or sick leave

- (a) The [United States](/usc/5/7103.md?p=a-18) shall authorize the continuation of [pay](/usc/5/7511.md?p=a-4) of an [employee](/usc/5/8101.md?p=1), as defined in [section 8101(1) of this title](/usc/5/8101.md?p=1) (other than those referred to in clause (B) or (E)), who has filed a claim for a period of wage [loss](/usc/5/8401.md?p=18) due to a traumatic [injury](/usc/5/8101.md?p=5) with his immediate superior on a form approved by the [Secretary](/usc/5/9901.md?p=2) of Labor within the time specified in [section 8122(a)(2) of this title](/usc/5/8122.md?p=a-2).
- (b) Continuation of [pay](/usc/5/7511.md?p=a-4) under this subchapter shall be furnished—
  - (1) without a break in time, except as provided under [section 8117(b)](/usc/5/8117.md?p=b), unless controverted under regulations of the [Secretary](/usc/5/9901.md?p=2);
  - (2) for a period not to exceed 45 days; and
  - (3) under accounting procedures and such other regulations as the [Secretary](/usc/5/9901.md?p=2) may require.
- (c) An [employee](/usc/5/8101.md?p=1) may use annual or sick leave to his credit at the time the disability begins, but his [compensation](/usc/5/8101.md?p=12) for disability does not begin, and the time periods specified by [section 8117 of this title](/usc/5/8117.md) do not begin to run, until termination of [pay](/usc/5/7511.md?p=a-4) as set forth in subsections [(a)](#a) and [(b)](#b) or the use of annual or sick leave ends.
- (d) If a claim under [subsection (a)](#a) is denied by the [Secretary](/usc/5/9901.md?p=2), payments under this section shall, at the option of the [employee](/usc/5/8101.md?p=1), be charged to sick or annual leave or shall be deemed overpayments of [pay](/usc/5/7511.md?p=a-4) within the meaning of [section 5584 of title 5](/usc/5/5584.md), United States Code.
- (e) Payments under this section shall not be considered as [compensation](/usc/5/8101.md?p=12) as defined by [section 8101(12) of this title](/usc/5/8101.md?p=12).

## Source credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 543; Pub. L. 93–416, § 11, Sept. 7, 1974, 88 Stat. 1145; Pub. L. 109–435, title IX, § 901(b), Dec. 20, 2006, 120 Stat. 3254.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes at Large |
|  | 5 U.S.C. 758. | Sept. 7, 1916, ch. 458, § 8, 39 Stat. 743. |
|  |  | Oct. 14, 1949, ch. 691, § 101(b), 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—Subsec. (b)(1). Pub. L. 109–435 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “without a break in time unless controverted under regulations of the Secretary;”.

1974—Pub. L. 93–416 inserted in section catchline the reference to continuation of pay, added subsecs. (a), (b), (d) and (e), designated existing provisions as subsec. (c), and in subsec. (c) as so designated, substituted “until termination of pay as set forth in subsections (a) and (b) or the use of annual or sick leave ends” for “until the use of the annual or sick leave ends”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1974 Amendment

Pub. L. 93–416, § 28(b), Sept. 7, 1974, 88 Stat. 1151, provided that: “Section 11 of this Act [amending this section] shall become effective 60 days from enactment [Sept. 7, 1974] and be applicable to any injury occurring on or after such effective date.”