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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 7-139. EMPLOYEE RETENTION
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139.1In the event an employee resumes employment with the District government after receiving indemnity compensation for a period of time, the entire time during which the employee was receiving compensation under this subchapter shall be credited to the employee for the purposes of within-grade step increases, retention purposes, and other rights and benefits based upon length of service. The credit shall be provided after the employee resumes employment with the District government.
139.2 If the employee resumes employment with the District government within two (2) years of the first date the employee received compensation or medical treatment, the employee’s pre-injury employment agency shall immediately and unconditionally accord the employee the right to resume his or her former, or an equivalent, position as well as all other attendant rights which the employee would have had or acquired in his or her former position had he or she not been injured, including the rights to tenure, promotion, and safeguards in reduction-in-force procedures.
139.3In the event an employee resumes regular full time employment within two (2) years pursuant to § 139.2, and the employee suffers a recurrence of his or her injury that causes him or her to not be able to work, the two (2) years referenced in § 139.2, shall begin to accrue again after the first date the employee receives compensation or medical treatment following the recurrence of the injury. In the event the Program receives evidence that an employee has either fraudulently reported a recurrent injury or intended to bring a recurrent injury on herself or himself after resuming employment, then the employee will not accrue the rights afforded under this section and the Program shall refer the matter to the Office of Inspector General for investigation.
139.4If an employee’s injury or disability is overcome more than two (2) years after the date of commencement of payment of compensation or the provision of medical treatment by the Program, the employee’s employment agency shall make all reasonable efforts to place, and accord priority to placing the employee in his or her former or equivalent position within either the employment agency or within any other department or agency in the District government.
139.5Nothing in this provision shall exclude the responsibility of the employing agency to re-employ an employee in a full-duty or part-time status.
139.6An employee is not entitled to accrue annual, sick, or any other leave while not working for the District government and receiving indemnity compensation under this chapter.