week, or month in his occupation or service. An employee shall be considered to have the equivalent of full-time work with respect to a fourteen-day registration period if the number of miles or hours' credit which he earned in such period equals fourteen-thirtieths of the number of miles or hours' credit constituting full-time work for a month, or twice the number of miles or hours' credit constituting full-time work for a week, in his occupation or service.

§ 332.6 Standing by for and laying over between regularly assigned trips or tours of duty.

Subject to the provisions of § 332.2(b), a day shall not be considered as a day of unemployment or as a day of sickness with respect to an employee if no remuneration is payable or accrues to him solely because he is standing by for or laying over between regularly assigned trips or tours of duty. Only employees who hold regular assignments may be regarded as standing by for or laying over between regularly assigned trips or tours of duty. In determining whether an employee has a regular assignment, consideration shall be given to whether the trips or tours of duty have definite starting times; whether there are a definite number of trips or tours of duty, either periodically or for the whole duration of the assignment; and whether there is a definite route of each trip or definite duration of each tour of duty. An employee who is separated from a regular assignment shall not be regarded as standing by for or laying over between regularly assigned trips or tours of duty. An employee shall be deemed separated from a regular assignment when he is suspended or discharged from service or displaced by a senior employee or held out of service for investigation or discipline, or when his regular assignment is abolished or discontinued. § 332.7 Consideration of evidence.

An employee shall be requested to furnish such information as to any mileage or work restrictions or as to lay-over or stand-by status as may be necessary for the determination of his claim. An employee's statement in connection with his claim that he was not out of service because of a lay-over or stand-by rule or because of a mileage or work restriction shall, in the absence of evidence to the contrary, be accepted as sufficient for a finding on that point. An em

ployee's report of the number of miles or hours' credit earned in rotating extra board, pool, or chain gang service shall, in the absence of evidence to the contrary, be accepted as correct for purposes of determining whether he had the equivalent of full-time work during the period covered by his claim. When it appears clear that an employee in rotating extra board, pool, or chain gang service who fails to report the number of miles or hours' credit earned on days in the period covered by his claim form was not employed on enough days to have had the equivalent of full-time work in the period, no additional information as to mileage or work restrictions shall be deemed necessary for the determination of his claim.

PART 335-SICKNESS BENEFITS AND MATERNITY BENEFITS

Subpart A-Claiming Sickness Benefits Sec. 335.101 Statutory provisions.

385.102 Manner of claiming sickness benefits.

335.103 Execution of statement of sickness and supplemental doctor's statement.

335.104 Filing statement of sickness and claim for sickness benefits. 335.105 Registration period.

Subpart B-Claiming Maternity Benefits 335.201 Statutory provisions. 335.202

Manner of claiming maternity benefits.

335.203 Execution of statement of maternity sickness and supplement.

335.204 Filing statement of maternity sickness and supplement and claim for maternity benefits.

335.205 Registration period.

Subpart C-Death of Employee
Statutory provisions.

335.301
335.302 Death of employee before filing of
form.

AUTHORITY: The provisions of this Part 335 issued under sec. 12, 52 Stat. 1107, as amended, secs. 1, 2, 5, 52 Stat. 1094, 1096, 1099, as amended; 45 U.S.C. 362, 351, 352, 355.

SOURCE: The provisions of this Part 335 appear at 12 F.R. 4667, July 15, 1947, unless otherwise noted.

Subpart A-Claiming Sickness
Benefits

Claims for benefits shall be made in accordance with such regulations as the Board shall prescribe (section 5 (a) of the act).

The Board shall provide a form or forms for statements of sickness and a procedure for the execution and filing thereof. Such forms and procedure shall be designed with a view to having such statements provide substantial evidence of the days of sickness of the employee and, in the case of maternity sickness, the expected date of birth and the actual date of birth of the child. Such statements may be executed by any doctor (authorized to practice in the State or foreign jurisdiction in which he practices his profession) or any officer or supervisory employee of a hospital, clinic, group health association, or other similar organization, who is qualified under such regulations as the Board may prescribe to execute such statements. The Board shall issue regulations for the qualification of such persons to execute such statements. When so executed by any such person, or, in the discretion of the Board, by others designated by the Board individually or by groups, they may be accepted as initial proof of days of sickness sufficient to certify for payment a claim for benefits * ** (section 12(1) of the act prior to amendment by Public Law 90-257, which deleted the words “and, in the case of maternity sickness, the expected date of birth and the actual date of birth of the child").

The term "registration period" means also, with respect to any employee, the period which begins with the first day with respect to which a statement of sickness is filed in his behalf in accordance with such regulations as the Board may prescribe, or the first such day after the end of a registration period which will have begun with a day with respect to which a statement of sickness was filed in his behalf, and ends with the thirteenth day thereafter (section 1 (h) of the act).

(See also section 2(c) of the act as quoted in § 325.1.)

[12 F.R. 4667, July 15, 1947, as amended by Board Order 68-72, 33 F.R. 11115, Aug. 6, 1968]

for sickness benefits, furnish the information required by such form, and mail the form, properly executed, to an office of the Board, together with a statement of sickness executed in accordance with the provisions of § 335.103 and (b) on forms sent him by the Board for making claims for sickness benefits, furnish the information required by such forms, and mail the forms, properly executed, to an office of the Board, together with any supplemental doctor's statements which may be required by the Board in connection therewith, executed in accordance with the provisions of $335.103. If satisfied that an employee is so sick or injured that he cannot sign forms, the Board may accept forms executed by someone else in his behalf. § 335.103 Execution of statement of sickness and supplemental doctor's

statement.

A statement of sickness, and any supplemental doctor's statement which may be required by the Board, shall be executed by an individual who (a) is a doctor trained in medical and surgical diagnosis and licensed to practice his profession in the State or foreign jurisdiction in which the form is executed; or (b) is a chiropractor licensed to practice his profession in the State or foreign jurisdiction in which the form is executed; or (c) is the superintendent or other supervisory official of a hospital, clinic, group health association, or other similar organization, in which all examination and treatment are conducted under the supervision of licensed doctors trained in medical and surgical diagnosis, or under the supervision of licensed chiropractors, and in which medical records are maintained for each patient. Such individual shall execute the statement of sickness, and any supplemental doctor's statement which may be required, on the forms provided by the Board, and shall furnish the information required by such forms: Provided, however, That a statement of sickness or supplemental doctor's statement furnishing the required information may be executed on forms or official stationery provided by a hospital, clinic, group health association, or other similar organization for transcription of medical records of such organization.

[Board Order 49-186, 14 F. R. 3182, June 11, 19491

§ 335.104 Filing statement of sickness and claim for sickness benefits.

(a) Time for filing statement of sickness. No day shall be considered a day of sickness with respect to an employee unless a statement of sickness with respect to such day is filed in his behalf at an office of the Board within 10 days. For example, if an employee wishes to claim November 1 as his first day of sickness, the statement of sickness must reach the Board not later than November 10. If the statement is received on November 11, the employee cannot be paid benefits for November 1.

(b) Time for filing claim for sickness benefits. No day shall be considered a day of sickness with respect to an employee unless a claim for sickness benefits with respect to a registration period including such day is filed by or in behalf of the employee at an office of the Board, together with any supplemental doctor's statement which may be required by the Board in connection therewith, within 10 days after whichever is the later of (1) the last day of the registration period shown on the claim form or (2) the day such claim form was mailed to the employee.

(c) Requirements in event of failure to file claim. No day subsequent to any registration period with respect to which an employee has failed to file a claim form within the time prescribed in paragraph (b) of this section shall be considered a day of sickness with respect to the employee unless the employee files a new application for sickness benefits and a new statement of sickness within the time prescribed in paragraph (a) of this section, and complies with the other requirements of this part, with respect to such day: Provided, however, That such new application for sickness benefits and statement of sickness shall not be required with respect to any such day, if, within a reasonable time of such day, the employee notifies the Board that he wishes to claim such day as a day of sickness, and if the Board is satisfied that the employee was unable to work from the beginning of the registration period, with respect to which he failed to file a claim form within the prescribed time, up to and including such day.

the form was mailed to an office of the Board within the time specified in the instructions on the form, and was received there; (3) the employee made such effort to file the form within the prescribed time as a reasonable person could be expected to make in the same situation, but was prevented from doing so by circumstances beyond his control, and the form was received at an office of the Board within a reasonable time after the circumstances which had prevented the employee from filing the form were removed; (4) the employee registered for the day in question under § 325.12 of this chapter, but his claim for such day as a day of unemployment was denied on the ground that he was not able to work on such day, and the form was received at an office of the Board within a reasonable time; or (5) a female employee filed a statement of maternity sickness with a view to obtaining maternity benefits for the day in question, and the form was received at an office of the Board within a reasonable time: Provided, however, That a form may not in any event be considered filed within the time prescribed with regard to it in paragraph (a) or (b) of this section unless it is received at an office of the Board within two years of the day in question.

(e) Days for which no statement of sickness deemed filed. Except for statements of sickness with respect to days in extended periods, no statement of sickness shall be deemed to have been filed with respect to any day which, if a statement of sickness were filed with respect to it, would be the first day of a registration period in a benefit year in which (1) the employee is not a qualified employee under section 3 of the Railroad Unemployment Insurance Act, or (2) benefits have already been payable to the employee for 130 days of sickness, other than days of sickness in a maternity period, or (3) benefits have already been payable to the employee for days of sickness, other than days of sickness in a maternity period, in an amount equal to his compensation in the base year.

[12 F.R. 4667, July 15, 19647, as amended by Board Order 52-23, 18 F.R. 853, Feb. 12, 1953; Board Order 68-72, 33 F.R. 11116, Aug. 6. 1968]

§ 335.105 Registration period.

For the purposes of this subpart, the term "registration period" means, with respect to any employee, the period of 14 consecutive days beginning with the first

day with respect to which a statement of sickness is filed in his behalf; and thereafter each period of 14 consecutive days beginning with the first day, with respect to which a statement of sickness is filed in his behalf, occurring after the end of his last preceding registration period begun with a day with respect to which a statement of sickness was filed in his behalf: Provided, however, That each of the successive 14-day periods in an extended sickness benefit period shall constitute a registration period.

[Board Order 68-72, 33 F.R. 11116, Aug. 6, 1968]

Subpart B-Claiming Maternity
Benefits

NOTE: Applicable only with respect to days prior to July 1, 1968. Public Law 90-257. [Board Order 68-72, 33 F.R. 11116, Aug. 6, 1968]

§ 335.201 Statutory provisions.

* *

the term "statement of maternity sickness" means a statement with respect to a maternity period of a female employee, * executed in such manner and form by an individual duly authorized pursuant to section 12(1) to execute such statements, and filed as the Board may prescribe by regulations. (Section 1(1)(1) of the act prior to amendment, and redesignation as section 1(7) (2), by Public Law 90-257).

(See sections 1(k), 5(a), and 12(1) of the act, quoted in § 335.101.)

[Board Order 68-72, 33 F.R. 11116, Aug. 6, 1968]

§ 335.202 Manner of claiming maternity benefits.

To claim maternity benefits a female employee shall (a) on the form provided by the Board for making application for maternity benefits, furnish the information required by such form, and mail the form, properly executed, to an office of the Board, together with a statement of maternity sickness executed in accordance with the provisions of § 335.203; and (b) on forms sent her by the Board for making claims for maternity benefits, furnish the information required by such forms, and mail the forms, properly executed, to an office of the Board. If the statement of maternity sickness filed by an employee does not provide evidence of the actual date of birth of her child, the employee shall also mail to an office of the Board a supplement to such statement of maternity sickness, executed in accordance with the provisions of § 335.203 and providing such evidence.

36-040-70——17

§ 335.203 Execution of statement of maternity sickness and supplement. A statement of maternity sickness, and any supplement thereto which may be required, shall be executed by an individual who is qualified, under § 335.103, to execute a statement of sickness. Such individual shall execute the statement of maternity sickness, and any supplement thereto which may be required, on the form provided by the Board, and shall furnish the information required by such form.

§ 335.204 Filing statement of maternity sickness and supplement and claim for maternity benefits.

(a) Time for filing statement of maternity sickness. No day shall be considered a day of sickness in a maternity period with respect to a female employee unless a statement of maternity sickness is filed in her behalf at an office of the Board within 10 days. For example, if a female employee wishes to claim November 1 as her first day of sickness in a maternity period, the statement of maternity sickness must reach the Board not later than November 10. If the statement is received on November 11, the employee cannot be paid benefits for November 1.

(b) Additional requirement for days after birth of child. No day after the birth of a female employee's child shall be considered a day of sickness in a maternity period with respect to such employee unless a statement of maternity sickness, which shall provide evidence of the actual date of birth of the child, or a supplement to a statement of maternity sickness providing such evidence, is filed in her behalf at an office of the Board within 10 days after whichever is the later of (1) the last day of a registration the proper form was mailed to the employee.

(c) Time for filing claim for maternity benefits. No day shall be considered a day of sickness in a maternity period with respect to a female employee unless a claim for maternity benefits with respect to a registration period including such day is filled by or in behalf of the employee at an office of the Board, within 10 days after whichever is the later of (1) the last day of the registration period shown on the claim form or (2) the day such claim form was mailed to the employee.

(d) Requirements in event of failure

to file claim for maternity benefits. No day subsequent to any registration period with respect to which a female employee has failed to file a claim for maternity benefits within the time prescribed in paragraph (c) of this section shall be considered a day of sickness in a maternity period with respect to such employee unless such employee (1) notifies the Board within a reasonable time of such day that she wishes to claim such day and (2) files the form sent her by the Board within the time prescribed in paragraph (c) of this section.

(e) When form considered filed. A form shall be considered filed within the time prescribed with regard to it in paragraphs (a), (b), or (c) of this section if (1) the form was received at an office of the Board within the prescribed time; (2) the form was mailed to an office of the Board within the time specified in the instructions on the form, and was received there; (3) the employee made such effort to file the form within the prescribed time as a reasonable person could be expected to make in the same situation, but was prevented from doing so by circumstances beyond her control, and the form was received at an office of the Board within a reasonable time after the circumstances which had prevented the employee from filing the form were removed; (4) the employee registered for the day in question under § 325.12 of this chapter, but her claim for such day as a day of unemployment was denied on the ground that she was not available for work or was not able to work on such day, and the form was received at an office of the Board within a reasonable time; or (5) the employee claimed sickness benefits for the day in question under Subpart A of this part, and the form was received at an office of the Board within a reasonable time: Provided, however, That a form may not in any event be considered filed within the time prescribed with regard to it in paragraph (a), (b) or (c) of this section unless it is received at an office of the Board within two years of the day in question.

[12 FR. 4667, July 15, 1947, as amended by Board Order 53-23, 18 F.R. 853, Feb. 12, 1953] § 335.205 Registration period.

(a) First day. For the purposes of the regulations in this subpart, the first day of a registration period, with respect to any female employee, is the first day

which is included in her maternity period and in a benefit year in which she is a qualified employee, and thereafter the first day in her maternity period occurring after the end of her last preceding registration period begun with a day in her maternity period.

(b) Last day. For the purposes of the regulations in this subpart, the last day of a registration period, with respect to any female employee, is the thirteenth day after the first day of such registration period: Provided, however, That if any of the following days occurs in the period of 14 consecutive days beginning with the first day of a registration period, such registration period shall end with the first of such days so occurring: (1) the fourteenth day of the maternity period; (2) the day of birth of the employee's child; (3) the fourteenth day after the day of birth of the employee's child, or (4) the last day of the maternity period.

Subpart C-Death of Employee

§ 335.301 Statutory provisions.

Benefits accrued to an individual but not yet paid at death shall, upon certification by the Board, be paid, without necessity of filing further claims therefor, to the same individual or individual to whom any accrued annuities under section 3(f) (1) of the Railroad Retirement Act of 1937 are paid. In the event that no such accrued annuities are paid, and if application for such accrued benefits is filed prior to the expiration of 2 years after the death of the individual to whom such benefits accrued, such accrued benefits shall be paid, upon certification by the Board, to the individual or individuals who would be entitled thereto under section 3(f) (1) of the Railroad Retirement Act of 1937 if such accrued benefits were accrued annuities. If there is no individual to whom all or any part of such accrued benefits can be paid in accordance with the foregoing provisions, such benefits or part thereof shall escheat to the credit of the account. (Section 2(g) of the act.)

[Board Order 68-72, 33 F.R. 11116, Aug. 6, 1968]

§ 335.302 Death of employee before filing of form.

If an employee dies before the filing of any one or more of the forms which under the provisions of Subpart