Section 6-B1617. ENFORCED LEAVE ACTION

 

1617.1Enforced leave occurs when an employee is involuntarily placed in a non-duty leave status, which is neither a corrective nor adverse action for purposes of this chapter. This section sets forth the standards for an agency’s implementation of an enforced leave action.

1617.2For any period of enforced leave, the employee shall use any accrued leave, except sick leave, until exhausted. Thereafter, the employee will be held in a leave without pay status.

1617.3An agency may place an employee on enforced leave when there is reliable evidence that he or she:

(a)Utilized fraud in securing his or her appointment;

(b)Falsified officials records;

(c)Has been indicted on, arrested for, charged with, or convicted of a felony charge (including conviction following a plea of nolo contendere); or

(d)Has been indicted on, arrested for, or convicted of any crime that bears a relationship to his or her position.

1617.4Notwithstanding § 1617.3(c), the Metropolitan Police Department may place uniformed members and the Department of Corrections may place a correctional officers on enforced leave when he or she has been arrested, charged, indicted or convicted of any crime irrespective of the relationship between the crime and the employee’s duties and responsibilities.

1617.5Any decision to place an employee on enforced leave under this section shall be approved in writing by the personnel authority. All such approvals shall: 

(a)Identify the evidence relied upon by the agency to support the action; and

(b)Identify the specific subparagraph(s) of § 1617.3 established by that evidence.

1617.6Upon finding that the conditions described in § 1617.3 are met, the personnel authority shall place an employee on administrative leave for five (5) days prior to the effective date of the enforced leave action.

1617.7When enforced leave is warranted, the agency shall –

(a)Provide a notice of proposed action, pursuant to § 1618;

(b)Provide the employee an opportunity to respond in writing, pursuant to § 1621, orally, or both;

(c)Provide the employee a final determination, pursuant to § 1623; and

(d)If placed on enforced leave, advise the employee of his or her applicable appeal rights

1617.8Whenever an employee is placed on enforced leave:

(a)The agency must initiate either corrective or adverse action based on the evidence supporting the enforced leave action; and

(b)The employee shall remain on enforced leave no longer than is required to reach a final determination on corrective or adverse action, or one hundred eighty (180) days, whichever is shorter.

1617.9If the basis for placing an employee on enforced leave pursuant to this section does not result in corrective or adverse action, any annual leave or pay lost as a result of the enforced leave action shall be restored retroactively.

1617.10The personnel authority may extend the time limit prescribed by § 1617.8(b) for good cause.

 

authority

Mayor’s Order 2008-92, dated June 26, 2008, and Sections 404 and 1651 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, and 1-616.51 et seq. (2014 Repl.)).

source

Final Rulemaking published at 34 DCR 1845 (March 20, 1987); as amended by Final Rulemaking published at 47 DCR 7094 (September 1, 2000); as amended by Final Rulemaking published at 49 DCR 11781 (December 27, 2002); as amended by Final Rulemaking published at 51 DCR 7951 (August 13, 2004); as amended by Final Rulemaking published at 63 DCR 1265 (February 5, 2016).