Section 6-B1285. GOVERNMENT FAMILY LEAVE PROGRAM - APPLICATION  


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    1285.1To apply for paid family leave, an employee shall submit the District of Columbia Family and Medical Leave Act (DCFMLA), Request for Family and Medical Leave and Government Family Leave application and provide any required additional documentation to his or her agency FMLA Coordinator.

     

    1285.2Application materials shall be submitted to the agency FMLA Coordinator at least thirty (30) days prior to the qualifying event, if possible. Absent good cause, a failure to provide the requisite notice may result in delaying a decision on the requested leave until the required certification is provided.

     

    1285.3If an agency has reason to doubt the validity of the medical documentation provided by the employee, the agency shall consult with its agency counsel prior to requesting that the employee obtain a second opinion from another health care provider.  

     

    1285.4The application materials shall be reviewed by the FMLA Coordinator for a determination of eligibility. The FMLA components of the application, if applicable, shall be reviewed and processed in accordance with the rules established by the Office of Human Rights.

     

    1285.5If the employee cannot provide the required documentary proof prior to the qualifying event, the application may be conditionally approved. In such a case, the necessary documentation must be received by the agency FMLA Coordinator no more than four (4) weeks following the qualifying event.

     

    1285.6Following a review of the application for paid family leave, the FMLA Coordinator shall approve, conditionally approve, or deny the application. An application may only be denied when the employee fails to provide the required proof (requisite documentation), or is otherwise ineligible. 

     

    1285.7If the application is approved, the employee shall be credited with a family leave balance equal to the time needed for the qualifying event, up to eight (8) workweeks as specified in Subsections 1283.1 and 1283.2.

     

    1285.8Credited paid family leave may be used in increments for an approved qualifying event, but each increment shall not be less than one (1) day. When used intermittently, the agency may require additional documentation to verify the leave is used for the qualifying event.

     

    1285.9When paid family leave is used intermittently as provided in this chapter, such usage shall be requested in the same manner as sick leave as provided in Subsection 1242.5 of this chapter.

     

    1285.10Employees needing intermittent leave for foreseeable medical treatment must work with their employers to schedule leave so as not to unduly disrupt the employer’s operations, subject to the approval of the employee’s health care provider.

     

    1285.11Leave credited under this section shall expire on the earlier of:

     

    (a)The length of the leave period approved in the application; or

     

    (b)Twelve (12) months following the date of the qualifying event.

     

     

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).