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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 7. EMPLOYMENT BENEFITS |
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Chapter 7-1. [DELETED] |
Section 7-109. TIME OF ACCRUAL OF RIGHT AND CONTINUATION OF PAY
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109.1 When an employee makes a claim for temporary total disability (TTD) compensation, the employee shall be entitled to continuation of his or her full salary, or continuation of pay, pursuant to this section.
109.2An employee is not entitled to indemnity payments or continuation of pay for the first three (3) business days of temporary disability which would otherwise have been work days for the employee, except:
(a) When the disability exceeds fourteen (14) days; or
(b) When the disability is followed by permanent disability.
109.3An employee shall use sick, annual, or other available leave during the first three (3) business days of temporary disability for any days which would otherwise have been work days for the employee.
109.4 Commencing on the first day following the three (3) days described in §§ 109.2 and 109.3, the claimant’s employment agency shall furnish continuation of pay to the employee as follows:
(a) To employees hired before January 1, 1980, for a period of forty-five (45) consecutive calendar days or until the Program has either upheld or denied the employee’s claim for TTD, whichever occurs first; and
(b) To all other employees for twenty-one (21) consecutive calendar days or until the Program has either upheld or denied the employee's claim for TTD, whichever occurs first.
109.5 Claims for continuation of pay may be controverted or denied by the Program in the following situations:
(a) When the injury or occupational disease occurred off the employing agency's premises and the employee was not in the course of employment;
(b) When the injury was caused by the employee's willful misconduct, when the employee intended to bring about the injury or death on himself or herself or another person, or when the employee's intoxication was the direct cause of the injury;
(c) When the injury does not prevent the employee from working;
(d) When the employee was not in active pay status at the time of injury or occupational disease (for example, in the case of leave without pay or absence without official leave);
(e) When the stoppage of work first occurs six (6) months or more after the date of injury, if the claim has already been accepted for medical benefits only;
(f) When the employee initially reports the injury after termination of employment; or
(g) When the Program denies the claim.
109.6 If continuation of pay has been paid to an employee whose claim for TTD is subsequently and finally denied or whose claim for compensation has been denied or controverted pursuant to § 109.5, the Program shall forward to the employee a form for the employee to elect whether the payments made shall be charged to the employee’s sick or annual leave. The employee shall be required to fill out and return the form to the Program within thirty (30) days.
109.7If the employee returns the form to the Program, the Program shall forward it to the Office of Pay and Retirement Services in the Office of the Chief Financial Officer for processing.
109.8If the employee does not return the form to the Program within thirty (30) days, the Program shall inform the employee’s employment agency. The employment agency shall charge the continuation of pay payments to sick leave or, if the employee does not have any available sick leave, to annual leave. If the employee has no leave available, the employment agency shall inform the Program and the payments shall be deemed overpayment of pay, in accordance with section 2329 of the Act.