---
kind: "section"
citation: "5 U.S.C. § 8151"
title: "5"
title_heading: "Government Organization and Employees"
number: "8151"
heading: "Civil service retention rights"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8151"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 81 — Compensation for Work Injuries"
  - "Subchapter I — Generally"
---

# §8151. Civil service retention rights

- (a) In the event the individual resumes employment with the Federal [Government](/usc/5/4101.md?p=3), the entire time during which the [employee](/usc/5/8101.md?p=1) was receiving [compensation](/usc/5/8101.md?p=12) under this chapter shall be credited to the [employee](/usc/5/8101.md?p=1) for the purposes of within-[grade](/usc/5/5102.md?p=a-5) step increases, retention purposes, and other rights and benefits based upon length of [service](/usc/5/8401.md?p=26).
- (b) Under regulations issued by the [Office](/usc/5/5402.md?p=3) of Personnel Management—
  - (1) the [department](/usc/5/10101.md?p=4) or [agency](/usc/5/3132.md?p=a-1) which was the last employer shall immediately and unconditionally accord the [employee](/usc/5/8101.md?p=1), if the [injury](/usc/5/8101.md?p=5) or disability has been overcome within one year after the date of commencement of [compensation](/usc/5/8101.md?p=12) or from the time compensable disability recurs if the recurrence begins after the injured [employee](/usc/5/8101.md?p=1) resumes regular full-time employment with the [United States](/usc/5/7103.md?p=a-18), the right to resume his former or an equivalent [position](/usc/5/5102.md?p=a-3), as well as all other attendant rights which the [employee](/usc/5/8101.md?p=1) would have had, or acquired, in his former [position](/usc/5/5102.md?p=a-3) had he not been injured or disabled, including the rights to tenure, promotion, and safeguards in reductions-in-force procedures, and
  - (2) the [department](/usc/5/10101.md?p=4) or [agency](/usc/5/3132.md?p=a-1) which was the last employer shall, if the [injury](/usc/5/8101.md?p=5) or disability is overcome within a period of more than one year after the date of commencement of [compensation](/usc/5/8101.md?p=12), make all reasonable efforts to place, and accord priority to placing, the [employee](/usc/5/8101.md?p=1) in his former or equivalent [position](/usc/5/5102.md?p=a-3) within such [department](/usc/5/10101.md?p=4) or [agency](/usc/5/3132.md?p=a-1), or within any other [department](/usc/5/10101.md?p=4) or [agency](/usc/5/3132.md?p=a-1).

## Source credit

(Added Pub. L. 93–416, § 22, Sept. 7, 1974, 88 Stat. 1149; amended Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)

## Notes

### Editorial Notes

### Amendments

1978—Subsec. (b). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

### Effective Date

Section applicable to cases where injury or death occurred prior to Sept. 7, 1974, but only to a period beginning on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93–416, set out as an Effective Date of 1974 Amendment note under section 8101 of this title.