Section 6-B1286. GOVERNMENT FAMILY LEAVE PROGRAM - PROTECTIONS AND LIMITATIONS  


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    1286.1 An employee who seeks or exercises his or her right to paid family leave shall enjoy the same employment and benefits protections afforded under DCFMLA (D.C. Official Code §§ 32-501 et seq.) and federal FMLA (29 U.S.C. §§ 2601 et seq.). 

     

    1286.2 An employee’s use of paid family leave shall count against the sixteen (16) workweeks of family leave under Section 3 of the DCFMLA (D.C. Official Code 32-502) and, against the twelve (12) workweeks under the federal FMLA.   

     

    1286.3 An employee approved for paid family leave shall:

     

    (a) Retain his or her employment, seniority, and group health plan coverage while on paid family leave; and

     

    (b)  Be returned to the same position that he or she held prior to commencing paid family leave, or to a substantially similar position, upon returning to work.

     

    1286.4An employee shall accrue annual and sick leave while on paid family leave.

     

    1286.5Paid family leave shall only be used for the purposes outlined in Sections 1283 and 1284 and only for the qualifying event for which approved.

     

    1286.6An employee may not expand his or her DCFMLA protections beyond sixteen (16) weeks by applying for paid family leave for the same qualifying event in which the DCFMLA was previously approved. 

     

    1286.7An employee on paid family leave may not engage in outside employment if that employment would conflict with the employee’s typical tour of duty with the District of Columbia government.

     

    1286.8An employee on paid family leave must provide care to the child or family member for whom the leave was approved on each day for which paid family leave is used. An employee shall not receive paid family leave when the qualifying child or family member is entrusted to the care of another for four (4) or more hours during the employee’s typical tour of duty.

     

    1286.9A probationary employee who receives paid family leave shall have their probationary period extended by the length of the paid family leave.

     

    1286.10The maximum amount of time a probationary period can be extended, as provided in Subsection 1286.9 of this section, is eight (8) workweeks.

     

     

authority

Sections 404(a) and 1201 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-604.04(a) (2014 Repl.) and §§ 1-612.01 et seq. (2014 Repl.)) and Mayor’s Order 2008-92, dated June 26, 2008.

source

Final Rulemaking published at 63 DCR 7646 (May 20, 2016).