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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-B1279. PAID LEAVE PURSUANT TO THE ACCRUED SICK AND SAFE LEAVE ACT OF 2008 (D.C. LAW 17-152), AS AMENDED
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1279.1As specified in this section, certain District government employees described in Subsection 1279.6 of this section (“covered employees”) are entitled to leave as provided for in the Accrued Sick and Safe Leave Act of 2008 (“2008 Act”), effective May 13, 2008 (D.C. Law 17-152; D.C. Official Code §§ 32-131.01 et seq. (2010 Repl.)), as amended by the Earned Sick and Safe Leave Amendment Act of 2013 (“2013 Act”), effective February 22, 2014 (D.C. Law 20-89; D.C. Official Code §§ 32-131.02 et seq.) (the 2008 Act, as amended by the 2013 Act is referred to in this section as the “Act”).
1279.2The purpose of the Act is to provide paid leave to covered employees for illness and for absences associated with domestic violence and sexual abuse.
1279.3In accordance with this section, covered employees are provided with not less than one (1) hour of paid leave for every thirty seven (37) hours worked, not to exceed seven (7) days a year.
1279.4Paid leave accrued under this section may be used by a covered employee for any of the following:
(a)An absence resulting from a physical or mental illness, injury, or medical condition of the employee;
(b)An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the employee;
(c)An absence for the purpose of caring for a family member who has any of the conditions or needs for diagnosis or care described in paragraphs (a) and (b) of this subsection; or
(d)An absence if the employee or the employee’s family member is a victim of stalking, domestic violence, or sexual abuse, provided, that the absence is directly related to medical, social or legal services pertaining to the stalking, domestic violence, or sexual abuse, an employee seeking leave under paragraph (d) of this subsection, may do so to:
(1) Seek medical attention for the employee or the employee’s family member to treat or recover from physical or psychological injury or disability caused by the stalking, domestic violence, or sexual abuse;
(2) Obtain services from a victim services organization;
(3) Obtain psychological or other counseling services; temporarily or permanently relocate;
(4) Take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the stalking, domestic violence, or sexual abuse; or
(5) Take other actions to enhance the physical, psychological, or economic health or safety of the employee or the employee’s family member or to enhance the safety of those who associate or work with the employee.
1279.5Pursuant to D.C. Official Code § 32-131.05, and notwithstanding the provisions of Subsection 1279.2 of this section, an employer with a paid leave policy providing paid leave options shall not be required to modify such policy if it offers employees the option to accrue and use leave under terms and conditions that are at least equivalent to the paid leave prescribed in this section.
1279.6Applicability only to “Intermittent” appointments.
(a) Because the District government currently has paid leave policies, as specified in this chapter, that provide leave options to eligible District government employees at higher accrual rates than those provided in this section, the provisions of this section shall only apply to “covered employees,” that is, temporary employees serving under “When Actually Employed” (WAE) (also known as Intermittent) appointments who have been continuously employed under a WAE appointment for at least one (1) year.
(b) Eligible WAE employees shall accrue paid leave on a prorated basis, and shall accrue one (1) hour of paid leave per biweekly pay period.
1279.7 Pursuant to the Act, an employee’s paid leave under this section shall accrue in accordance with the District government’s established biweekly pay period, and at the beginning of his or her employment.
1279.8An employee may begin to access the accrued paid leave after ninety (90) days of service with the District government.
1279.9The unused paid leave previously accrued by an employee subject to this section who separates from employment and is rehired within one (1) year of separation shall be reinstated. The employee shall be entitled to use the accrued paid leave and accrue additional paid leave immediately upon re-employment provided that the employee had previously been eligible to use paid leave.
1279.10The unused paid leave previously accrued by an employee subject to this section who separates from employment for more than one (1) year, shall not be reinstated, and the employee shall be considered as being on a new appointment for purposes of leave accrual and access as provided in Subsections 1279.7 and 1279.8.
1279.11The use of paid leave by an eligible employee in accordance with this section shall not be taken as an absence that may result in discipline, termination, demotion, suspension or other adverse action.
1279.12If the Mayor (or his or her designee) determines that an employer has violated any provisions of the section, the Mayor (or his or her designee) shall order affirmative remedies in accordance with provisions contained in the Act.
1279.13The employer, as defined in this section, shall retain records documenting the hours worked and the paid leave taken by an employee subject to the provisions of this section for a period of three (3) years. The employer shall allow access to the retained records by the Mayor and the Office of the D.C. Auditor, with appropriate notice.
1279.15 For the purposes of this section, the following terms shall have the meanings ascribed:
Domestic violence – an intrafamily offense as defined in D.C. Official Code § 16-1001(5) and (8).
Employee – any individual employed by an employer, but shall not include: (a) any individual who, without payment and without expectation of any gain, directly or indirectly, volunteers to engage in the activities of an educational, charitable, religious, or non-profit organization; (b) any lay member elected or appointed to office within the discipline of any religious organization and engaged in religious functions; (c) any individual employed as a casual babysitter, in or about the residence of the employer; (d) an independent contractor; (e) a student; or (f) health care workers who choose to participate in a premium pay program.
Employer – the District government.
Family member – (a) a spouse, including the person identified by an employee as his or her domestic partner, as defined in Section 2(3) of the Health Care Benefits Expansion Act of 1992, effective June 11, 1992 (D.C. Law 9-114; D.C. Official Code § 32-701(3) (2012 Repl.)); (b) the parents of a spouse; (c) children (including foster children and grandchildren); (d) the spouses of children; (e) parents; (f) brothers and sisters; and (g) the spouses of brothers and sisters; (h) a child who lives with an employee and for whom the employee permanently assumes and discharges parental responsibility; or (i) a person with whom the employee shares or has shared, for not less than the preceding twelve (12) months, a mutual residence and with whom the employee maintains a committed relationship, as defined in Section 2(1) of the Health Care Benefits Expansion Act of 1992, effective June 11, 1992 (D.C. Law 9-114; D.C. Official Code § 32-701(3)).
Paid leave – accrued increments of compensated leave provided by an employer for use by an employee.
Premium pay program – a plan offered by an employer pursuant to which an employee may elect to receive extra pay in lieu of benefits.
Sexual abuse – any offense described in the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. Official Code §§ 22-3001 et seq. (2001 ed. & 2011 Supp.)).