The Indian Health Service (IHS) recently received a legal opinion from the Office of General Counsel concerning the potential liability to the Federal Government if an employee's child who has accompanied the parent to work is injured in the agency's facilities.

Federal employees who are injured while in the performance of duties are compensated pursuant to the Federal Employees Compensation Act (FECA), 5 U.S.C. Chapter 81.  This Act provides the exclusive remedy for such injuries.  If an employee brings a child to the workplace, that child is not covered by FECA and if injured in federally occupied space could bring a claim against the Federal government pursuant to the Federal Tort Claims Act.

Considering the range of possible injuries that children could suffer at the worksite, especially when the parent is working and not providing careful supervision of the child's activities, there is a real possibility of liability to the Federal government if such a practice were permitted.

Therefore, it is the policy of IHS that Headquarters employees are not permitted to bring children to the worksite during work hours.  Exceptions to this policy are permitted under the most unusual circumstances and with written approval of the employee's Associate Director.  While we must be sensitive to our employees' day-care difficulties, we cannot permit children to remain at the worksite because of the legal liability of permitting such a practice.  Managers and supervisors should be liberal in granting annual leave to employees who need to make emergency day-care arrangements when unforeseen problems arise.