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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 4. HUMAN RIGHTS AND RELATIONS |
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Chapter 4-16. DISTRICT OF COLUMBIA FAMILY AND MEDICAL LEAVE ACT |
Section 4-1614. REASONABLE NOTICE BY EMPLOYEE TO BE PROVIDED TO EMPLOYER
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1614.1 If an employee has, or reasonably should have, at least thirty (30) days notice of the need for family or medical leave, the employee shall notify the employer of his or her intention to take family or medical leave at least thirty (30) days before the employee wishes the leave to begin. When the need for family or medical leave is known at least thirty (30) days in advance and an employee fails to give timely notice to the employer with no reasonable excuse, the employer may delay FMLA coverage until thirty (30) days after the date the employee provides notice.
1614.2 If an employee could not reasonably have foreseen the need for family or medical leave at least thirty (30) days in advance, the employee shall notify the employer of the need for leave as soon as practicable prior to the date on which the employee wishes the leave to begin.
1614.3 If the approximate timing of the need for leave is not foreseeable, the employee shall request family or medical leave from the employer no later than five (5) business days after the absence begins, or as soon as practicable thereafter. Notice may be given by the employee’s spokesperson (for example, the employee’s spouse, an adult family member, a health care provider, or another responsible party) if the employee is unable to do so personally.
1614.4Notwithstanding § 1614.3, if the necessity for leave is foreseeable based on an expected birth or placement of a child with an employee, the employee shall provide the employer with at least thirty (30) days advance notice of the expected birth or placement of a child with the employee. If the exact date of birth or placement of a child is unknown, the employee may fulfill this advance notice requirement by communicating to the employer with sufficient notice the expected approximate birth or placement date.
1614.5Notwithstanding § 1614.3, if the necessity for family or medical leave under this section is foreseeable based on planned medical treatment or supervision, an employee shall:
(a)Provide the employer with at least thirty (30) days advance notice of the medical treatment or supervision; and
(b)Make a reasonable effort to schedule the medical treatment or
supervision, subject to the approval of the health care provider, in a manner that does not unduly disrupt the operations of the employer.
1614.6 For purposes of the District of Columbia government, each employee must provide notice to their FMLA Coordinator or designee. An employee’s contact with the District of Columbia Department of Human Resources, if that agency is not the employer agency, shall not constitute the required notice under this section.
1614.7When an employee or an employee’s spokesperson gives notice of the employee’s need for leave under this chapter, the employee or employee’s spokesperson does not need to expressly assert the employee’s rights under this chapter, nor does the employee or employee’s spokesperson need to mention the DCFMLA or FMLA in order to meet the employee’s obligation to provide notice. Rather, an employee giving notice of the need for DCFMLA leave need only explain the reason for the needed leave so as to allow the employer to determine whether the leave qualifies under this chapter. If an employer is unable to tell based on the notice given by an employee whether the leave requested by the employee might qualify as DCFMLA leave, it shall request additional information from the employee so as to make this determination.