Section 4-1604. ENTITLEMENTS-GENERALLY

 

1604.1In any twenty-four (24)-month employment period, an eligible employee of a covered employer may take job-protected, unpaid leave, or paid leave if the employee has earned or accrued the paid leave, for sixteen (16) workweeks for medical leave purposes and sixteen (16) workweeks for family leave purposes.  The medical leave and family leave taken by the employee must meet the standards set forth in §§ 1605 and 1606, respectively, and any other applicable provisions in this chapter.

1604.2Nothing in this chapter shall prohibit an employer and an employee with a serious health condition from mutually agreeing to alternative employment for the employee throughout the duration of the serious health condition of the employee. A period of alternative employment shall not be considered use of medical leave under the DCFMLA and shall not cause a reduction in the amount of family or medical leave to which the employee is entitled under this chapter.

 

authority

The Director of the Office of Human Rights, pursuant to section 301(c) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1403.01(c)), and Mayor’s Order 2009-45, dated March 31, 2009.

source

Final Rulemaking published at 38 DCR 4350, 4352-53 (July 12, 1991); as amended by Notice of Final Rulemaking published at 57 DCR 10788, 10793 (November 19, 2010).

EditorNote

The Notice of Final Rulemaking published at 57 DCR 10789 (November 19, 2010) amends Chapter 16 of Title 4 by renaming it, "District of Columbia Family and Medical Leave Act." The Notice of Final Rulemaking also amends the existing the sections within Chapter 16, including renaming some of the sections. 4 DCMR § 1604 is formerly entitled, "Investigation."