Section 7-3215. PROHIBITED ACTS  


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    3215.1 No employer or person acting on behalf of an employer shall interfere with, restrain, or otherwise deny the exercise or attempt to exercise of any right provided by the Act. 

     

    3215.2 An employer shall not discharge or discriminate in any manner against an employee because the employee: 

     

    (a) Opposes any practice by an employer made unlawful by the Act; 

     

    (b) Files or attempts to file a claim or charge for violation of the Act; 

     

    (c) Institutes or attempts to institute an proceeding under the Act; 

     

    (d) Facilitates the institution of a proceeding under the Act; 

     

    (e) Provides information or testimony in connection with an inquiry or proceeding related to the Act; or 

     

    (f) Uses paid leave in accordance with the Act and this Chapter. 

     

    3215.3 The Act shall not be construed to prohibit an employer from creating and enforcing a policy that prohibits the improper use of paid leave or that requires the more frequent certifications from an employee if there is evidence documenting a pattern of abuse of paid leave.  A pattern of abuse may be evidenced by the following: 

     

    (a) Consistent taking of paid leave without the notice required by the Act;

     

    (b) Consistent taking of leave on days for which vacation or annual leave have been denied; 

     

    (c) A pattern of taking paid leave on days where the employee is scheduled to work a shift or perform duties perceived as undesirable, including high customer volume days; or 

     

    (d) A pattern of taking paid leave on Mondays, Fridays, or the day immediately preceding or following holidays. 


     

authority

Sections 11 and 14 of the Accrued Sick and Safe Leave Act of 2008 (Act), effective May 13, 2008 (D.C. Official Code §§ 32-131.10 and 131.13 (2008 Supp.) and Mayor’s Order 2008-153, dated November 6, 2008.

source

Final Rulemaking published at 57 DCR 5231, 5237 (June 18, 2010).