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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-B1299. DEFINITIONS
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1299.1When used in this chapter, the following terms have the meaning ascribed:
Absence without leave - an unauthorized and unapproved absence from duty; also referred to as “AWOL.”
Accrued leave - the leave earned by an employee during the current leave year that is unused at any given time in that leave year.
Accumulated leave - the unused leave remaining to the credit of an employee at the beginning of the leave year.
Administrative leave - an excused absence from duty without loss of pay and without charge to annual leave, sick leave, or compensatory time.
Administrative workweek - a period of seven (7) consecutive calendar days, Sunday through Saturday.
Agency - has the meaning set forth in D.C. Official Code § 1-603.01(1).
Alternative work schedules - means both flexible work schedules and compressed work schedules.
Annual leave - leave earned by an employee to be used for absence from duty, without loss of pay, primarily for a vacation or time off for personal or emergency purposes.
Annual leave bank - a fund of accumulated annual leave donated by employees of a personnel authority for the use of leave bank members of that personnel authority who need such leave because of a medical emergency.
Basic workweek - the days and hours within an administrative workweek that make up the employee’s scheduled tour of duty.
Biweekly pay period - two (2) designated consecutive administrative workweeks as established by the pay authority.
Biweekly rate of basic pay - the biweekly rate of pay fixed by appropriate authority, before deductions and exclusive of any premium pay, authorized for the grade of the position held by the employee.
Child - a person twenty-one (21) years of age, and also persons who, though twenty-one (21) years of age or older, are substantially dependent upon the eligible employee by reason of physical or mental disability, and persons up to twenty-three (23) years of age and a full-time student at an accredited college or university.
Communicable disease - a disease that is ruled as subject to quarantine, requires isolation of the patient, or requires restriction of movement by the patient for a specified period as prescribed by the health authorities having jurisdiction.
Compressed work schedule - in the case of a full-time employee, an eighty-hour (80-hour) biweekly basic work requirement that is scheduled for less than ten (10) workdays; in the case of a part-time employee, a biweekly basic work requirement of less than eighty (80) hours that is scheduled for less than ten (10) workdays and which may require the employee to work more than eight (8) hours in a day (D.C. Official Code § 1-510 (b)) (2006).
Core hours - the time periods during the workday, workweek, or pay period that are within the tour of duty during which an employee under a flexible work schedule is required to be present for work.
District of Columbia Family and Medical Leave Act (DCFMLA) – refers to the District of Columbia Family and Medical Leave Act of 1990 (Act), effective October 3, 1990 (D.C. Law 8-181; D.C. Official Code §§ 32-501, et seq.)
Employee - has the meaning provided in D.C. Official Code § 1-603.01(7), except that it shall mean only an employee who accrues annual leave as provided in D.C. Official Code § 1-612.03.
Excused absence - an absence from duty administratively authorized and approved without loss of pay and without charge to leave.
Family member - the spouse (including the person identified by an employee as his or her “domestic partner” as defined in D.C. Official Code § 32-701 (2006) and parents thereof, children (including foster children) and spouses thereof, parents, brothers and sisters and spouses thereof, and any individual related by blood.
Flexible work schedule - in the case of a full time employee, a work schedule that has an eighty-hour (80-hour) biweekly basic work requirement that allows an employee to determine his or her own schedule within the designated hours (core hours) set by the employing agency; in the case of a part-time employee, a work schedule that has a biweekly basic work requirement of less than eighty (80) hours which allows an employee to determine his or her own schedule within the designated hours set by the employing agency.
FLSA compensatory time - time off in lieu of overtime pay for overtime work performed, earned and accrued under the conditions set forth in Chapter 11 of these regulations.
Full-time employee – earns leave during each full biweekly pay period while in a pay status or in a combination of a pay status and a non-pay status.
Hourly rate of basic pay -
(a)For employees paid on an annual basis, the employee's scheduled rate of pay divided by two thousand eighty (2080) hours; except that for uniformed members of the Fire Fighting Division of the Fire and Emergency Medical Services Department, the employee’s scheduled rate of pay divided by the number of work hours contained in the work year; and
(b)For employees paid on an hourly basis, the hourly rate of pay contained on the salary schedule.
Immediate relative – an individual who is related to an employee covered by this chapter by blood, marriage, adoption, or domestic partnership as father, mother, child, husband, wife, sister, brother, aunt, uncle, grandparent, grandchild, or similar familiar relationship; an individual for whom an employee covered by this chapter is the legal guardian; or fiancé, fiancée, or domestic partner of an employee covered by this chapter.
Leave bank member - an employee who donates at least four (4) hours of annual leave in a leave year to the annual leave bank established by his or her personnel authority.
Leave donor - an employee who donates annual leave to the annual leave bank established by his or her personnel authority.
Leave recipient - a leave bank member whose personnel authority has approved the member’s application to receive annual leave from the annual leave bank.
Leave restriction - a limitation on an employee’s ability to use annual or sick leave as a result of engaging in a pattern or practice of abuse of leave.
Leave to which otherwise entitled - accumulated and accrued annual leave, sick leave, and compensatory time.
Leave without pay - a temporary nonpay status and absence from duty granted at the employee’s request or as otherwise authorized by regulations; also referred to as “LWOP.”
Leave year - the period beginning with the first day of the first complete pay period in a calendar year and ending with the day immediately preceding the first day of the first complete pay period in the following calendar year.
Medical certificate - a written statement signed by a registered practicing physician or other practitioner certifying to the incapacitation, examination, or treatment, or to the period of disability while the patient was receiving professional treatment.
Medical condition - a health impairment that results from injury or disease, including psychiatric disease, or any other physical or mental impairment that may affect an individual’s capacity to safely and satisfactorily perform his or her assigned duties.
Medical emergency - a medical condition of an employee or a member of an employee’s family that is likely to require the employee’s absence from duty for a prolonged period of time and to result in a substantial loss of income to the employee because of the unavailability of paid leave.
Official duty station - the place at which the employee is required to perform duties.
Personnel authority - an individual or entity authorized by D.C. Official Code § 1-604.06(b) to implement personnel rules and regulations for employees of an agency or group of agencies of the District of Columbia; or persons delegated that authority by that individual or entity.
Prolonged period of time - at least ten (10) consecutive workdays.
Scheduled tour of duty - the period within an administrative workweek, within which employees are required to be on duty regularly.
Sick leave - leave with pay earned by an employee to be used while receiving medical, dental, or optical examination or treatment; while incapacitated for the performance of duties by sickness, injury, or pregnancy or childbirth; while required to give care or attendance to a family member who is afflicted with a contagious disease; or when the employee’s presence at his or her official duty station would jeopardize the health of others because of exposure to a contagious disease.
Situational telework – a temporary arrangement approved, in writing, in advance, in which the employee is authorized to telework for, but not limited to, the completion of a project or report, due to an injury or illness which prevents the employee from physically reporting to his or her official worksite, or due to a home repair emergency.
Standby time - period(s) in which an employee is officially ordered to remain at or within the confines of his or her official duty station, not performing actual work but holding himself or herself in readiness to perform actual work when the need arises or when called.
Substantial loss of income - pay which is more than fifty percent (50%) of the employee’s biweekly rate of basic pay.
Substantially similar position – employees in an agency with the same grade, location, tour of duty, and with like duties and responsibilities.
Telework – an arrangement in which an employee regularly, or during a declared emergency, performs officially assigned duties at home or other worksites geographically convenient to the employee’s residence, and which is approved, in advance and in writing, by the employee’s immediate supervisor and agency head.
Uniformed member – for purposes of this chapter, the term uniformed member refers to a sworn employee of the Metropolitan Police Department or an employee who is a firefighter, emergency medical technician, or paramedic with the Fire and Emergency Medical Services Department.
Unscheduled leave –annual leave, compensatory time, exempt time off, or leave without pay during a declared emergency taken by an employee without obtaining advance approval or providing detailed justification. Unscheduled leave is distinct from emergency annual leave, as provided in Section 1236 of this chapter.
Unscheduled telework – an employee who is on an approved telework agreement may telework without obtaining advance approval when a declared emergency is in effect on a day or during a period during which the employee was not previously scheduled to telework.
When Actually Employed (WAE) Appointment – an appointment under which an employee serves on an intermittent basis, that is, nonfull-time without a prescheduled regular tour of duty. A person serving on a WAE appointment provides occasional or irregular services on programs or projects requiring intermittent support. This type of appointment is also referred to as an “intermittent appointment.”