Section 6-B1236. EMERGENCY ANNUAL LEAVE AND LEAVE RESTRICTION FOR ABUSE OF EMERGENCY

 

1236.1“Emergency annual leave” should be granted in all cases of personal emergency, unless the supervisor has sound reason to believe that:

(a)A legitimate emergency does not exist, therefore, the employee made the request for emergency annual leave in bad faith; or

 

(b)The employee’s presence on duty is essential to maintain minimum public services in the support or maintenance of public health, life, or property and the employee has been so notified. 

 

1236.2An employee on leave restriction shall inform his or her immediate supervisor or other supervisor within the chain of command of the employee, of his or her need to take emergency annual leave by contacting the immediate supervisor or other supervisor within the chain of command on the day of the absence.  Supervisors and managers shall determine, and inform their subordinate employees in writing, whether notifying a co-worker, leaving a message on the supervisor’s voicemail, or sending an electronic mail shall be deemed as “informing the supervisor of the need to take emergency annual leave” or if, in the alternative, employees shall be required to obtain approval by speaking (over the telephone) with the supervisor.    

 

1236.3An employee’s immediate supervisor may restrict an employee from using annual leave whenever it is established by the preponderance of the evidence that the employee is engaging in a pattern or practice of abuse of annual leave, such as:

 

(a) Requesting emergency annual leave in order to avoid certain work shifts or work assignments;

 

(b)   Requesting emergency annual leave with such frequency that it results in the employee being unavailable immediately preceding or following the employee’s two (2) consecutive days outside of the basic work week; or

 

(c)Requesting emergency annual leave with such frequency that it results in the employee being absent part of the workday or an entire workday on a consistent and regular basis. 

 

1236.4Whenever a supervisor determines that an employee has engaged in the activities set forth in subsection 1236.3 of this section, the employee may be placed on leave restriction.

 

1236.5 An employee who has been placed on leave restriction shall obtain permission before taking any annual leave without prior approval by the employee’s immediate supervisor or other supervisor within the chain of command of the employee.

 

1236.6 In order to satisfy the “obtain permission” requirement within subsection 1236.5 of this section, an employee who has been placed on leave restriction shall obtain approval to take emergency annual leave by speaking (either in person or over the telephone directly) with his or her immediate supervisor or other supervisor within the chain of command of the employee.      

 

1236.7  An employee under leave restriction who takes emergency annual leave without receiving prior supervisory approval as specified in subsection 1236.6 of this section shall be placed in an “Absence Without Official Leave” (AWOL) status in accordance with section 1268 of this chapter; and where appropriate, may be subject to administrative action as applicable.

 

authority

The Director of the D.C. Department of Human Resources, with the concurrence of the City Administrator, pursuant to Mayor’s Order 2008-92, dated June 26, 2008, and in accordance with Title XII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-612.11 (2006 Repl.)).

source

Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Notice of Final Rulemaking published at 59 DCR 2690, 2697 (April 6, 2012).

EditorNote

Section 1236 is formerly entitled, "Leave Restriction for Abuse of Emergency Annual Leave." Notice of Final Rulemaking published at 59 DCR 2690 (April 6, 2012) renamed the section "Emergency Annual Leave and Leave Restriction for Abuse of Emergency Annual Leave."