Section 4-1606. ENTITLEMENTS-FAMILY LEAVE  


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    1606.1        An employee shall be entitled to a total of sixteen (16) workweeks of family leave

     during any twenty-four (24)-month period for:
     

            (a)        The birth of a child of the employee;

     

    (b) The placement of a child with the employee for adoption or foster

    care;

     

    (c) The placement of a child with the employee, if the employee permanently

    assumes and discharges parental responsibility for the child; or

     

    (d) The care of a family member of the employee who has a serious

    health condition.

     

    1606.2        The entitlement to family leave shall expire twelve (12) months after the birth of the child or placement of the child with the employee. 

     

    1606.3In the case of care for a family member who has a serious health condition, the family leave may be taken intermittently or on a reduced schedule basis when medically necessary.

     

    1606.4Upon agreement between the employer and the employee, family leave for the birth, adoption, or foster care or other placement of a child may be taken on a reduced leave schedule, during which the sixteen (16) workweeks of family leave may be taken over a period not to exceed twenty-four (24) consecutive workweeks. 

     

    1606.5With respect to joint employers, both employers must agree to the reduced schedule in order for the employee to be eligible for the reduced leave schedule.

     

    1606.6Nothing in this section shall require an employer to provide paid medical leave.  

     

    1606.7Should an employee wish to use paid medical, sick, vacation, personal, or compensatory leave which the employee has accrued, the employee may use such paid leave, provided that it otherwise meets the employer’s requirements for the taking of such paid leave. Any paid medical, sick, vacation, personal, or compensatory leave provided by an employer that the employee elects to use for family leave under this chapter shall count against the sixteen (16) workweeks of allowable family leave provided pursuant to the DCFMLA.

     

    1606.8If an employer has a program that allows an employee to use the paid leave of another employee under certain conditions (commonly referred to as a leave bank), and the conditions for the employee’s use of the leave bank have been met, the employee may use the paid leave as family leave and the leave shall count against the sixteen (16) workweeks of family leave provided in this chapter.

     

    1606.9  If two (2) family members are employees of the same employer:

    (a)The employer may limit to sixteen (16) workweeks during a twenty-four (24)-month period the aggregate number of family leave workweeks to which the family members are entitled; and

     

    (b) The employer may limit to four (4) workweeks during a twenty- four (24)-month period the aggregate number of family leave workweeks to which the family members are entitled to take simultaneously.

     

    1606.10For the purposes of § 1606.9, the term same employer includes an office,

     division, subdivision, agency, or other organizational section of an  

    employer in which both employees have the same or interrelated duties  

    and the absence of both employees would unduly disrupt the conduct of the employer's business. 

     

    1606.11 The limitation on the aggregate number of family leave workweeks to

       which the family members are entitled shall apply only if the family

     members seek to take leave for the same underlying reason, for example,

           care for the same family member or due to the birth of the same child. 

     

    1606.12 Information that an employee gives to an employer regarding a family relationship, pursuant to which the employee seeks to take family leave under this section, shall be used only to make a decision in regard to the provisions of this chapter. An employer shall keep any information regarding the family relationship confidential. 

     

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, 4356-57 (July 12, 1991); as amended by Notice of Final Rulemaking published at 57 DCR 10788, 10797 (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 § 1606 is formerly entitled, "Employer Records."