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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 7-32. ACCRUED SICK AND SAFE LEAVE |
Section 7-3299. DEFINITIONS
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When used in this Chapter, the term:
Act – means the Accrued Safe and Sick Leave Act of 2008, effective May 13, 2008 (D.C. Law 17-152; D.C. Official Code § 32-131.01 et seq.).
Day –means the length of the employee’s customary work day or work shift.
Director – means the Director of the District of Columbia Department of Employment Services, or the Director’s designee.
Discharge –means the involuntary severing of the employment relationship by the employer.
Domestic violence – means an intra-family offense as defined in D.C. Official Code § 16-1001(8).
Emergency – means an unexpected or unforeseen event or events which render an en employee unable to contact the employer or communicate the need to access leave accrued under the Act to the Employer as required by Sec. 3206.1, Sec. 3206.2 or Sec. 3206.3. An emergency shall include a personal illness, illness of a family member, or an act of domestic violence or sexual abuse as defined in the Act which requires the employee to seek medical treatment or law enforcement assistance for the employee or other persons covered by the Act.
Employee – means an individual who has been employed by the same employer for at least one (1) year without a break in service except for regular holiday, sick, or personal leave granted by the employer and who has worked at least one thousand (1,000) hours of service with such employer during the previous 12-month period. The term “employee” also includes an individual who meets the foregoing criteria and who is employed by the employer in more than one location and spends more than fifty percent (50%) of his or her working time for his or her employer in the District of Columbia or whose employment is based in the District of Columbia and who regularly spends a substantial part of his or her time working for the employer in the District of Columbia and does not spend more than fifty percent (50%) of his or her work-time working for the employer in any particular state. The term “employee” shall not include: (1) an independent contractor, (2) a student, (3) health care workers who choose to participate in a premium pay program, or (4) restaurant wait staff and bartenders who work for a combination of wages and tips.
Employer – means (including a for-profit or not-for-profit firm, partnership, proprietorship, sole proprietorship, limited liability company, association or corporation), or any receiver or trustee of such entity (including the legal representative of a deceased individual or receiver or trustee of an individual), who employs an employee. The term “employer” includes the District of Columbia government.
Non-covered employment position — means (1) an independent contractor, (2) a student, (3) a health care worker who choose to participate in a premium pay program, or (4) restaurant wait staff and bartenders who work for a combination of wages and tips.
Family member — means:
(1)A spouse, including the person identified by an employee as his or her domestic partner, as defined in section 2(3) of the Health Care Benefits Expansion Act of 1992, effective June 11, 1992 (D.C. Law 9-114; D.C. Official Code § 32-701(3));
(2)The parents of a spouse;
(3) Children (including step-children, foster children, and grandchildren);
(4)The spouses of children (including step-children, foster children, and grandchildren);
(5)Parents (including step-parents);
(6)Brothers and sisters (including step-brothers and sisters and half-brothers and sisters);
(7)The spouses of brothers and sisters (including step-brothers and sisters and half-brothers and sisters);
(8)A child who lives with the employee and for whom the employee permanently assumes and discharges parental responsibility; and
(9)A person with whom the employee shares or has shared, for not less than the preceding of twelve (12) months a mutual residence and with whom the employee maintains a committed relationship, as defined in section 2(1) of the Health Care Benefits Expansion Act of 1992, effective June 11, 1992 (D.C. Law 9-114; D.C. Official Code §32-701(1)).
Paid leave – means accrued hours of paid leave provided by an employer for use by an employee in hourly increments during an absence from work for any of the reasons specified in section 3(b) of the Act, for which the employee is paid at the same rate as if the employee were working.
Premium pay program – means a plan offered by an employer by which an employee may voluntarily elect to receive additional pay in lieu of benefits.
Restaurant wait staff and bartenders-means waiters, waitresses, counter personnel who serve customers, bus persons, server helpers, service bartenders and barbacks.
Sexual abuse – means an offense described in the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. Official Code § 22-3001 et seq.).
Student – means a person employed by an employer who:
(1)(A) Is a full-time student as defined by an accredited institution of higher education;
(B)Is employed by the institution at which the student is enrolled;
(C)Is employed for less than 25 hours per week (the number of hours being determined based on the standard or usual work week of the employee); and,
(D)Does not replace an employee covered by the Act; or
(2)Is employed as part of the Year Round Program for Youth as established by the Department of Employment Services.