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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 4-1616. CALCULATION OF LEAVE
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1616.1A private employer may choose any of the following methods for determining the twenty-four (24)-month period in which the sixteen (16) weeks of family leave and sixteen (16) workweeks of medical leave under DCFMLA may be taken by an employee:
(a) The calendar year;
(b) Any fixed twelve (12)-month leave year, such as a fiscal year, a
year required by state law, or a year starting on an employee’s anniversary date;
(c) The twenty-four (24)-month period measured forward from the date any employee’s first DCFMLA leave begins; or
(d) The twenty-four (24)-month period measured backward from the date an employee uses (or would use, pursuant to a request) DCFMLA leave.
1616.2 Employers may choose any of the alternatives described in § 1616.1 for
the leave entitlements, provided that the alternative chosen is applied
consistently and uniformly to all employees. Employers shall inform
employees of the method it has chosen to calculate DCFMLA leave
entitlements either as part of its general notice to employees, as described
in § 1613, or in its eligibility notices to employees.
1616.3 For District government purposes, the FMLA Coordinator shall utilize the “twenty-four (24)-month period forward” alternative described in § 1616.1 (c).
1616.4For intermittent or reduced schedule leave, leave shall be counted based on the proportion of a normal workweek that the employee misses for DCFMLA leave purposes. For example, if an employee, who normally works five (5) days a week, takes two (2) days of intermittent DCFMLA leave, that leave shall be counted as two fifths (2/5) of one (1) workweek. If an employee who normally works forty (40) hours per week decreases to working thirty (30) hours per week due to reduced schedule DCFMLA leave, that leave shall be counted as one forth (1/4) of one (1) workweek for each week that such reduced schedule leave is maintained.
1616.5The employer may designate leave on an hourly basis. Six hundred forty (640) hours shall equal 16 workweeks for a forty (40)-hour per week schedule.