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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 6. PERSONNEL |
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SubTilte 6-B. GOVERNMENT PERSONNEL |
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Chapter 6-B12. HOURS OF WORK, LEGAL HOLIDAYS AND LEAVE |
Section 6-B1243. EMERGENCY SICK LEAVE AND LEAVE RESTRICTION FOR ABUSE OF EMERGENCY SICK LEAVE
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1243.1Sick leave that is approved (granted) by an employee’s immediate supervisor even though the leave was not scheduled in advance shall be considered “emergency sick leave.”
1243.2An 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 sick 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 sick leave” or if, in the alternative, employees shall be required to obtain approval by speaking (over the telephone) with the supervisor.
1243.3As stated in subsection 1242.5 of this chapter, sick leave for pre-scheduled medical, dental, or optical examinations or treatments shall be requested in advance. In all other situations, the employee shall notify his or her immediate supervisor of the need to take emergency sick leave as early as practicable on the first (1st) day of absence.
1243.4An employee’s immediate supervisor may restrict an employee from using sick leave whenever it is established by the preponderance that the employee is engaging in a pattern or practice of abuse of sick leave, such as:
(a)Requesting emergency sick leave in order to avoid certain work shifts or work assignments;
(b) Requesting emergency sick leave with such frequency that it results in the employee being unavailable immediately preceding or following the employee’s consecutive two (2) days outside of the basic workweek; or
(c)Requesting emergency sick 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.
1243. 5 Whenever a supervisor determines that an employee has engaged in the activities set forth in subsection 1243.4 of this section, the employee may be placed on leave restriction.
1243.6 An employee who has been placed on leave restriction shall obtain permission before taking any sick leave without prior approval by the employee’s immediate supervisor or other supervisor within the chain of command of the employee.
1243.7 In order to satisfy the “obtain permission” requirement within subsection 1243.6 of this section, an employee who has been placed on leave restriction shall obtain approval to take emergency sick leave by speaking (either in person or over the telephone directly) with his or her immediate supervisor or other supervisor within the employee’s organizational unit.
1243.8An employee under leave restriction who takes emergency sick leave without receiving prior supervisor approval as specified in subsection 1243.7 of this section, shall be placed in an “Absence Without Official Leave” (LWOP) status in accordance with section 1268 of this chapter; may be ordered to obtain a medical examination in accordance with chapter 20 of these regulations;; and where appropriate, may be subject to administrative action as applicable.