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D.C. DEPARTMENT OF HUMAN RESOURCES
NOTICE OF FINAL RULEMAKING
The Director of the D.C. Department of Human Resources, with the concurrence of the City Administrator, pursuant to Mayor’s Order 2008-92, dated June 26, 2008, and in accordance with Title XII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-612.11 (2006 Repl.)), hereby gives notice that final rulemaking action was taken to adopt these rules.
These rules amended chapter 12, “Hours of Work, Legal Holidays, and Leave,” of Subtitle B of title 6 of the District of Columbia Municipal Regulations (DCMR). The main purpose of these rules is to amend section 1270 to change the term “emergency employees” to “essential employees” when designating employees required to be at work when an emergency situation is declared by the Mayor and to add a new category to be designated as “emergency employees.” These two (2) employee-designation changes impact subsection 1266.23, section 1270, Declared Emergencies – In General, and subsections 1271.3, 1272.4, and 1273.5 of the chapter.
In addition, these rules added new sections 1279 (Paid Leave Pursuant to the Accrued Sick and Safe Leave Act of 2008) and 1280 (Parental Leave) and proposed the following: amended subsection 1204.2(e), regarding the lunch period provided to certain District government employees; amended subsection 1211.8, regarding telecommuting; changed the heading of section 1212 of the chapter from “Rest Periods” to “Rest and Lunch Periods”, and amended the section; amended section 1227 of the chapter to specify that intermittent employees who do not have scheduled tours of duty are ineligible to earn annual and sick leave; amended section 1232 regarding annual leave accrual, and added new subsections 1232.6 through 1232.8; added a new subsection 1233.5 regarding determining creditable service for annual leave accrual purposes to specify that the years of service with the District or federal governments of a person who retires from either of those governments under the Civil Service Retirement System (CSRS) and who is employed (or reemployed) by the District government on or after February 26, 2008, shall not be considered as creditable service for annual leave accrual purposes; amended section 1235 regarding granting of annual leave; changed the heading of section 1236 of the chapter from “Leave Restriction for Abuse of Emergency Annual Leave” to “Emergency Annual Leave and Leave Restriction for Abuse of Emergency Annual Leave” and amended the section; amended section 1237 of the chapter, regarding the granting of annual leave in advance; amended section 1239 of the chapter, regarding Annual Leave – Restoration; amended subsections 1240.3 and 1240.4, regarding payment for annual leave; changed the heading of section 1243 of the chapter from “Leave Restriction for Abuse of Sick Leave” to “Emergency Sick Leave and Leave Restriction for Abuse of Emergency Sick Leave” and further amended the section; added new subsection 1244.2 to the chapter to clarify that all sick leave must be exhausted before sick leave can be advanced and further amended section 1244; and deleted section 1280 of the chapter, “Recording of Hours of Work, Leave, and Legal Holidays”; amended section 1299, Definitions, to add the definition of the terms “full-time employee” and “When Actually Employed (WAE) Appointment”; and updated all citations to the D.C. Official Code and other legal and regulatory citations and references to agencies’ names have been updated, and other minor non-substantive changes were made to subsections 1201.1, 1220.1, 1233.1 through 1233.4, 1244, 1250, 1258.2, 1258.3, and 1266.4 of the chapter.
No comments were received and no substantive changes were made under the notice of emergency and proposed rulemaking published at 59 DCR 796 (February 3, 2012). Final rulemaking action was taken on March 5, 2012. The rules will become effective upon publication in the D.C. Register and will supersede the Notice of Emergency and Proposed Rulemaking.
Chapter 12, “Hours of Work, Legal Holidays, and Leave,” of subtitle B of title 6 of the District of Columbia Municipal Regulations is amended as follows:
Section 1201, “Statutory Authority and Applicability,” is amended as follows:
Subsection 1201.1 is amended to read as follows:
1201.1 The statutory authority for this chapter is Title XII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-612.01, et seq. (2006 Repl. & 2011 Supp.)).
Section 1204, “Establishment of Scheduled Tours of Duty,” is amended as follows:
Subsection 1204.2(e) is amended to read as follows:
(e) As specified in section 1212 of this chapter, and with the exceptions noted in that section, a lunch period shall be provided;
Section 1210, “Compressed Work Schedule,” is amended as follows:
Subsection 1210.5 is added to read as follows:
1210.5 A compressed work schedule may be established by an agency only if agency management determines that the schedule will not have an adverse impact on public service, and that costs will not increase substantially.
Subsection 1210.5 is renumbered as 1210.6 and amended to read as follows:1210.6 A compressed work schedule shall not be combined with a flexible work schedule under section 1208 of this chapter, an alternative work schedule under section 1209 of this chapter, or telecommuting under section 1211 of this chapter.
Section 1211, “Telecommuting,” is amended as follows:
Subsection 1211.8 is amended to read as follows:
1211.8 Authorization to engage in telecommuting may be rescinded by the agency head whenever the agency head determines that the employee has failed to accomplish the work as prescribed, or for other reasons.
Section 1212, “Rest Periods,” is repealed and replaced with:
1212 REST AND LUNCH PERIODS
1212.1 At the discretion of an agency head, a rest period of fifteen (15) minutes during each four (4) hour period of work may be authorized.
(a) Rest periods for an individual employee or small groups of employees are authorized whenever such rest period would accomplish one (1) or more of the following purposes:
(1) Protect employees’ health by providing relief from hazardous work or work that requires continuous or considerable physical exertion;
(2) Reduce accident rates by removing the potential for fatigue;
(3) Provide relief from work that is performed in confined spaces where normal personal activities are restricted; or
(4) Increase or maintain high quality and quantity work product;
(b) When rest periods with a specific duration (such as, fifteen (15) minutes as specified in subsection 1212.1(a) of this section) are offered, they are to be considered as compensable work hours as part of the employee’s regularly scheduled duty hours. The unauthorized extension of a rest period with a specific duration shall not be counted as hours worked; and
(c) Rest periods shall not be utilized by an employee to expand his or her regularly scheduled lunch period of thirty (30) minutes by permitting the employee to take his or her rest periods immediately before or immediately after the employee’s scheduled lunch period.
1212.2 A lunch period of at least thirty (30) minutes shall be provided to employees, except for an employee required to remain at his or her official duty station so that the agency can provide twenty-four (24) hour coverage, in which case, the employee shall be compensated.
1212.3 An employee’s thirty (30)-minute lunch period shall be in addition to his or her regularly scheduled duty hours. That is, a bona fide lunch period shall not be considered as work time and is not compensable. For that reason, the thirty-minute (30-minute) lunch period shall be added to the employee’s regularly scheduled duty hours.
1212.4 At the discretion of the supervisor, an employee who wants to take a one-hour (1-hour) lunch period may be allowed to add the extra half (½) hour to his or her regularly scheduled duty hours to account for the extra non-compensable time for lunch. For example, instead of working from 8:00 a.m. to 4:30 p.m. (for example, eight (8) hours of compensable work time plus a thirty-minute (30-minute) lunch period), the employee may be allowed to work until 5:00 p.m. (for example., eight (8) hours of compensable work time plus a one-hour (1-hour) lunch period). Lunch periods of more than one (1) hour shall not be permitted.
1212.5 The lunch period is separate and distinct from a rest period.
1212.6 An employee shall not be authorized to depart work in order to either begin a period of leave or in order to end the employee’s official tour of duty because he or she refrained from taking a scheduled rest or lunch period.
Section 1220, “Legal Public Holidays,” is amended as follows:
Subsection 1220.1 is amended to read as follows:
1220.1 Pursuant to section 1202(a) of the CMPA (D.C. Official Code § 1‑612.02 (a) (2011 Supp.)) the following days are legal public holidays for District government employees covered by this chapter:
(a) New Year’s Day, January 1st of each year;
(b) Dr. Martin Luther King, Jr.’s Birthday, the third (3rd) Monday in January of each year;
(c) Washington’s Birthday, the third (3rd) Monday in February of each year;
(d) Memorial Day, the last Monday in May of each year;
(e) Independence Day, July 4th of each year;
(f) Labor Day, the first (1st) Monday in September of each year;
(g) Columbus Day, the second (2nd) Monday in October of each year;
(h) Veterans Day, November 11th of each year;
(i) Thanksgiving Day, the fourth (4th) Thursday in November of each year;
(j) Christmas Day, December 25th of each year; and
(k) Beginning in the year 2007, District of Columbia Emancipation Day, April 16th of each year.
Section 1227, “General Provisions for Annual and Sick Leave,” is amended as follows:
Subsection 1227.1 is amended to read as follows:
1227.1 As provided in section 1203(a) of the CMPA (D.C. Official Code § 1‑612.03 (a) (2006 Repl.)), an employee shall be entitled to earn both annual and sick leave as provided herein, except for the following:
(a) An intermittent employee who does not have a scheduled tour of duty;
(b) An elected official; or
(c) A temporary employee appointed for less than ninety (90) days.
Section 1232, “Accrual of Annual Leave,” is amended as follows:
Subsections 1232.1 and 1232.2 are amended to read as follows:
1232.1 Except as specified in subsection 1232.6 of this section, a full-time employee to whom this chapter applies shall earn annual leave as follows:
(a) An employee with less than three (3) years of service shall earn four (4) hours for each full biweekly pay period;
(b) An employee with three (3) but less than fifteen (15) years of service shall earn six (6) hours for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the leave year shall be ten (10) hours; and
(c) An employee with fifteen (15) or more years of service shall earn eight (8) hours for each full biweekly pay period.
1232.2 Except as provided in subsections 1232.5 and 1232.7 of this section, a part-time employee for whom there has been established in advance a regular tour of duty on one (1) or more days during each administrative workweek shall earn annual leave as follows:
(a) An employee with fewer than three (3) years of service shall earn one (1) hour of annual leave for each twenty (20) hours in a pay status;
(b) An employee with three (3) but fewer than fifteen (15) years of service shall earn one (1) hour of annual leave for each thirteen (13) hours in a pay status; and
(c) An employee with fifteen (15) years or more of service shall earn one (1) hour of annual leave for each ten (10) hours in a pay status.
New subsections 1232.6, 1232.7, and 1232.8 are added to read as follows:
1232.6 A person who has retired from either the District or federal government under the regular or early retirement provisions of the Civil Service Retirement System (CSRS) and who is employed by the District government as a full-time employee on or after February 26, 2008, after having retired, shall earn four (4) hours of annual leave for each full biweekly pay period for the first three (3) years of employment after the CSRS-retirement; and shall progress to six (6) and eight (8) hours of annual leave, respectively, as specified in subsection 1232.1(b) and (c) of this section.
1232.7 A person who has retired from either the District or federal government under the regular or early retirement provisions of the CSRS and who is employed by the District government as a part-time employee on or after February 26, 2008, after having retired, shall earn one (1) hour of annual leave for each twenty (20) hours in a pay status for the first three (3) years of employment after the CSRS-retirement; and shall progress to one (1) hour of annual leave for each thirteen (13) hours in a pay status and one (1) hour of annual leave for each ten (10) hours in a pay status, respectively, as specified in subsection 1232.2(b) and (c) of this section.
1232.8 For the purposes of this section and section 1234 of this chapter, the terms “full-time employee” and “part-time employee” shall include full-time and part-time temporary employees; provided that the employee is serving under a temporary appointment of more than ninety (90) days.
Section 1233 is amended to read as follows:
1233 ANNUAL LEAVE—DETERMINING CREDITABLE SERVICE
1233.1 In determining years of creditable service for annual leave accrual, an employee shall be entitled to receive credit for the following service:
(a) All service creditable under 5 U.S.C. § 8332 for the purpose of an annuity; and
(b) Except for employees as described in subsections 1232.6 and 1232.7 of this chapter, all service creditable under the District retirement benefits program established pursuant to section 2605 of the CMPA (D.C. Official Code § 1‑626.05 (2006 Repl.)).
1233.2 An employee who is a retired member of a uniformed service as defined by 5 U.S.C. § 3501 shall be entitled to credit for active military service only if his or her retirement was based on one (1) of the two (2) following types of disabilities:
(a) A disability resulting from injury or disease received in the line of duty as a direct result of armed conflict; or
(b) A disability caused by an instrumentality of war and incurred in the line of duty during a period of war as defined by 38 U.S.C. §§ 101 and 301.
1233.3 The determination of years of service may be made on the basis of an affidavit from the employee subject to verification by the personnel authority.
1233.4 District government service prior to October 1, 1987, that is under Social Security shall be creditable for annual leave accrual purposes, and shall be purchasable for credit toward retirement under 5 U.S.C. § 8332.
1233.5 Notwithstanding any other provision in this section or this chapter, years of service with the District or federal government of a person who has retired from either the District or federal government under the regular or early retirement provisions of the Civil Service Retirement System (CSRS) and who is employed or reemployed, as applicable, by the District government on or after February 26, 2008, after said retirement, shall not be considered as creditable service for annual leave accrual purposes.
Section 1235, “Annual Leave – Granting,” is amended to read as follows:
1235 ANNUAL LEAVE – GRANTING
1235.1 Annual leave may be used by an employee for any reason, but is intended primarily to be used for the following two (2) general purposes:
(a) To allow the employee vacation periods of extended leave every year for rest and recreation; and
(b) To provide periods of time off for personal and emergency purposes.
1235.2 Normally, annual leave shall be requested and approved in advance, preferably prior to the day on which the annual leave is to be used. Employees are required to obtain approval for the use of annual leave by whichever method is formally established within his or her agency. Annual leave requested and approved in advance shall constitute “scheduled annual leave;” approved but not scheduled or requested in advance shall constitute “emergency annual leave.”
1235.3 The annual leave provided by this chapter, including annual leave that has been advanced as provided in section 1237 of this chapter, may be granted at any time during the leave year in accordance with these regulations.
1235.4 An employee is entitled to his or her annual leave, and the taking of annual leave for the purposes set forth in subsection 1235.1 of this section should be encouraged, subject to scheduling approval by the agency head.
1235.5 An approved absence that would otherwise be properly chargeable to sick leave may be charged to annual leave, compensatory time, or leave without pay, if requested in advance by the employee and approved by the agency head.
Section 1236, “Leave Restriction for Abuse of Emergency Annual Leave,” is repealed and replaced with:
1236 EMERGENCY ANNUAL LEAVE AND LEAVE RESTRICTION FOR ABUSE OF EMERGENCY ANNUAL LEAVE
1236.1 “Emergency annual leave” should be granted in all cases of personal emergency, unless the supervisor has sound reason to believe that:
(a) A legitimate emergency does not exist, therefore, the employee made the request for emergency annual leave in bad faith; or
(b) The employee’s presence on duty is essential to maintain minimum public services in the support or maintenance of public health, life, or property and the employee has been so notified.
1236.2 An employee on leave restriction shall inform his or her immediate supervisor or other supervisor within the chain of command of the employee, of his or her need to take emergency annual leave by contacting the immediate supervisor or other supervisor within the chain of command on the day of the absence. Supervisors and managers shall determine, and inform their subordinate employees in writing, whether notifying a co-worker, leaving a message on the supervisor’s voicemail, or sending an electronic mail shall be deemed as “informing the supervisor of the need to take emergency annual leave” or if, in the alternative, employees shall be required to obtain approval by speaking (over the telephone) with the supervisor.
1236.3 An employee’s immediate supervisor may restrict an employee from using annual leave whenever it is established by the preponderance of the evidence that the employee is engaging in a pattern or practice of abuse of annual leave, such as:
(a) Requesting emergency annual leave in order to avoid certain work shifts or work assignments;
(b) Requesting emergency annual leave with such frequency that it results in the employee being unavailable immediately preceding or following the employee’s two (2) consecutive days outside of the basic work week; or
(c) Requesting emergency annual leave with such frequency that it results in the employee being absent part of the workday or an entire workday on a consistent and regular basis.
1236.4 Whenever a supervisor determines that an employee has engaged in the activities set forth in subsection 1236.3 of this section, the employee may be placed on leave restriction.
1236.5 An employee who has been placed on leave restriction shall obtain permission before taking any annual leave without prior approval by the employee’s immediate supervisor or other supervisor within the chain of command of the employee.
1236.6 In order to satisfy the “obtain permission” requirement within subsection 1236.5 of this section, an employee who has been placed on leave restriction shall obtain approval to take emergency annual leave by speaking (either in person or over the telephone directly) with his or her immediate supervisor or other supervisor within the chain of command of the employee.
1236.7 An employee under leave restriction who takes emergency annual leave without receiving prior supervisory approval as specified in subsection 1236.6 of this section shall be placed in an “Absence Without Official Leave” (AWOL) status in accordance with section 1268 of this chapter; and where appropriate, may be subject to administrative action as applicable.
Section 1237, “Annual Leave – Advancing,” is amended to read as follows:
1237 ANNUAL LEAVE – ADVANCING
1237.1 Agency heads or their subordinate supervisor designees are authorized to advance annual leave to eligible employees in advance of its accrual, in individual cases, up to the amount of annual leave expected to be earned during the balance of the current leave year or by the eligible employee’s anticipated termination date, whichever is sooner.
1237.2 In no case shall annual leave be advanced on the basis of leave expected to be earned during the succeeding leave year.
1237. 3 If the reason for an employee’s request for advanced annual leave qualifies for family or medical leave under the District of Columbia Family and Medical Leave Act of 1990 (D.C. FMLA), effective October 3, 1990 (D.C. Law 8-181; D.C. Official Code §§ 32-501, et seq. (2010 Repl. & 2011 Supp.)), and provided that the employee meets the eligibility requirements of the D.C. FMLA, any advanced annual leave granted shall count towards the sixteen (16)-week maximum under the D.C. FMLA.
Section 1239, “Annual Leave – Restoration,” is amended to read as follows:
1239 ANNUAL LEAVE—RESTORATION
1239.1 As provided in section 1203 (h)(2) of the CMPA (D.C. Official Code § 1-612.03 (h)(2) (2006 Repl.)), annual leave may be restored when:
(a) An administrative error causes a loss of annual leave otherwise accruable after June 30, 1960;
(b) Exigencies of the public business, deemed by the agency head to be of major importance, causes denial and forfeiture of annual leave previously scheduled at least three (3) biweekly pay periods prior to the end of the leave year; or
(c) An employee becomes sick while on scheduled annual leave and receives approval to substitute sick leave for the scheduled annual leave. The employee must have had sick leave available at the time of the request for scheduled annual leave.
1239.2 If the annual leave restored under subsection 1239.1 of this section causes the employee’s accumulated annual leave balance to exceed the maximum allowable accumulation under subsection 1238.1 of this chapter such restored leave shall be credited to a separate leave account. Such restored leave that exceeds the maximum allowable accumulation shall be forfeited unless scheduled and used not later than two (2) years after one (1) of the following dates:
(a) The date of restoration of the annual leave forfeited because of administrative error;
(b) The date fixed by the agency head as the termination date of the exigency of the public business that resulted in forfeiture of the annual leave; or
(c) The date the employee is determined to be recovered and able to return to duty if the leave was forfeited because of sickness.
1239.3 Restored leave for separated employees:
(a) Restored leave for separated employees shall be included in a lump-sum payment if unused and still available upon the date of separation; and
(b) Pursuant to section 1203(h)(2)(B) of the CMPA (D.C. Official Code § 1-612.03 (h)(2)(B)), in the event of an administrative error, a separated employee entitled to restored annual leave, otherwise accruable after June 30, 1960, shall be entitled to credit and liquidation by lump-sum payment only if the employee files a claim for restored leave within three (3) years of the date the error was discovered.
1239.4 The agency head shall provide notification to the appropriate authority to effect the restoration of annual leave under this section.
Section 1240, “Payment for Annual Leave,” is amended as follows:
Subsections 1240.3 through 1240.5 are amended to read as follows:
1240.3 An employee who is separated from District government service or who enters into military service shall be entitled to receive a lump-sum payment for annual leave to which entitled.
1240.4 The lump-sum payment pursuant to subsection 1240.3 of this section shall equal the pay that the person would have received had he or she remained in the employ of the District government.
1240.5 The period of leave used for calculating the amount of the lump-sum payment shall not be extended due to any holiday occurring after the separation.
Section 1243, “Leave Restriction for Abuse of Sick Leave,” is repealed and replaced with:
1243 EMERGENCY SICK LEAVE AND LEAVE RESTRICTION FOR ABUSE OF EMERGENCY SICK LEAVE
1243.1 Sick leave that is approved (granted) by an employee’s immediate supervisor even though the leave was not scheduled in advance shall be considered “emergency sick leave.”
1243.2 An employee on leave restriction shall inform his or her immediate supervisor or other supervisor within the chain of command of the employee, of his or her need to take emergency sick leave by contacting the immediate supervisor or other supervisor within the chain of command on the day of the absence. Supervisors and managers shall determine, and inform their subordinate employees in writing, whether notifying a co-worker, leaving a message on the supervisor’s voicemail, or sending an electronic mail shall be deemed as “informing the supervisor of the need to take emergency sick leave” or if, in the alternative, employees shall be required to obtain approval by speaking (over the telephone) with the supervisor.
1243.3 As stated in subsection 1242.5 of this chapter, sick leave for pre-scheduled medical, dental, or optical examinations or treatments shall be requested in advance. In all other situations, the employee shall notify his or her immediate supervisor of the need to take emergency sick leave as early as practicable on the first (1st) day of absence.
1243.4 An employee’s immediate supervisor may restrict an employee from using sick leave whenever it is established by the preponderance that the employee is engaging in a pattern or practice of abuse of sick leave, such as:
(a) Requesting emergency sick leave in order to avoid certain work shifts or work assignments;
(b) Requesting emergency sick leave with such frequency that it results in the employee being unavailable immediately preceding or following the employee’s consecutive two (2) days outside of the basic workweek; or
(c) Requesting emergency sick leave with such frequency that it results in the employee being absent part of the workday or an entire workday on a consistent and regular basis.
1243. 5 Whenever a supervisor determines that an employee has engaged in the activities set forth in subsection 1243.4 of this section, the employee may be placed on leave restriction.
1243.6 An employee who has been placed on leave restriction shall obtain permission before taking any sick leave without prior approval by the employee’s immediate supervisor or other supervisor within the chain of command of the employee.
1243.7 In order to satisfy the “obtain permission” requirement within subsection 1243.6 of this section, an employee who has been placed on leave restriction shall obtain approval to take emergency sick leave by speaking (either in person or over the telephone directly) with his or her immediate supervisor or other supervisor within the employee’s organizational unit.
1243.8 An employee under leave restriction who takes emergency sick leave without receiving prior supervisor approval as specified in subsection 1243.7 of this section, shall be placed in an “Absence Without Official Leave” (LWOP) status in accordance with section 1268 of this chapter; may be ordered to obtain a medical examination in accordance with chapter 20 of these regulations;; and where appropriate, may be subject to administrative action as applicable.
Section 1244, “Sick Leave – Advancing,” is amended as follows:
Subsection 1244.1 is amended to read as follows:
1244.1 Agency heads or their subordinate supervisor designees are authorized to advance to an employee a maximum of two hundred forty (240) hours of sick leave in cases of serious disability or ailments, except:
(a) When the agency head (or designee) has reason to believe that the employee may not be able to repay the advanced leave;
(b) When an employee is serving on an appointment with a not-to-exceed date (such as, a term appointment), in which case sick leave may be advanced only up to the total sick leave the employee would earn during the remainder of the time-limited appointment; or
(c) If the reason for an employee’s request for advanced sick leave would qualify for leave under the D.C. FMLA, any advanced sick leave authorized shall count towards the sixteen (16)-week maximum under the D.C. FMLA.
A new subsection 1244.2 added to read as follows:
1244.2 All accrued and accumulated sick leave must be exhausted before the advanced leave is credited to the employee.
Section 1250, “Annual Leave Bank – General,” is amended to read as follows:
1250 ANNUAL LEAVE BANK – GENERAL
1250.1 Sections 1250 through 1258 of this chapter are promulgated to implement annual leave bank provisions in sections 1205 through 1211 of the CMPA (D.C. Official Code §§ 1-612.05 through 1-612.11 (2006 Repl.)).
1250.2 The Annual Leave Bank Program is applicable to all District government employees who are entitled to accrue annual leave pursuant to section 1203 of the CMPA (D.C. Official Code § 1-612.03 (2006 Repl.)).
Section 1258, “Records and Reports,” is amended as follows:
Subsections 1258.2 through 1258.4 are amended to read as follows:
1258.2 Each personnel authority shall maintain for each leave year quarter, an accounting of the total hours and corresponding dollar value of employee annual leave donations to and withdrawals from its Annual Leave Bank, and shall report such accounting to the Director of the D.C. Department of Human Resources (DCHR) within thirty (30) calendar days following the end of each leave year quarter.
1258.3 The DCHR shall maintain for each leave year quarter, an accounting of the total hours and corresponding dollar value of employee annual leave donations to and withdrawals from the Annual Leave Bank for employees in subordinate agencies.
1258.4 The Director of the DCHR shall review and compile the accounting reports required by subsection 1258.2 of this section and provide a written report to the Mayor within sixty (60) calendar days following the end of each leave year quarter.
Section 1266, “Administrative Leave,” is amended as follows:
Subsections 1266.4 and 1266.23 are amended to read as follows:
1266.4 It shall be appropriate for an agency to use administrative leave in any case where time is needed to complete an investigation that could lead to a corrective or adverse action. However, before placing an employee on administrative leave while an investigation is pending, the agency head shall determine whether the employee could be temporarily reassigned to another unit for the duration of the investigation.
1266.23 The Mayor may authorize the dismissal of employees for special reasons within his or her discretion without first declaring the day or portion of the day a legal public holiday under the provisions of subsection 1220.4 of this chapter. When dismissal is so authorized, affected agencies shall grant administrative leave to employees other than those designated as essential or emergency employees under section 1270 of this chapter.
Section 1270, Declared Emergencies – In General,” is amended to read as follows:
1270 DECLARED EMERGENCIES – IN GENERAL
1270.1 The three (3) situations listed below may result in a declared emergency:
(a) A situation that arises after employees are at work, and that results in early dismissals as provided in section 1271 of this chapter;
(b) A situation that arises prior to normal duty hours and that results in the declaration of an unscheduled leave or late arrival policy, as provided in section 1272 of this chapter; and
(c) A situation that arises prior to normal duty hours, and that results in a shut-down of District government operations as provided in section 1273 of this chapter.
1270.2 The Mayor may declare an emergency whenever he or she deems it to be appropriate in the public interest.
1270.3 For the purposes of this section as well as sections 1271 through 1273 of this chapter, certain District government employees shall be designated as “essential” or “emergency” employees.
1270.4 Because critical District government operations cannot be suspended or interrupted during emergency situations such as those described in subsection 1270.1 of this section, agencies shall identify each agency position with duties that are vital to the continuity of medical facilities, public safety, emergency services, or other crucial operations; and shall designate employees occupying such positions as “essential employees.” Employees designated “essential” shall be required to be at work regardless of the emergency situation declared.
1270.5 Preferably, the position description or job specification for a position or groups (families) of positions with duties as described in subsection 1270.4 of this section shall state that the incumbent of the position or positions shall be considered an essential employee required to be at work when an emergency is declared and regardless of the emergency situation declared.
1270.6 An employee designated “essential employee” under the provisions of subsection 1270.4 of this section shall be identified by position title or other appropriate means and shall be notified in writing of his or her designation as an essential employee and the specific requirements placed upon the employee in emergency situations. The written notification shall occur within one (1) day of the agency determination for current employees, or at the time of hire or appointment to the essential position, as applicable.
1270.7 In addition to employees designated as essential employees and required to be at work regardless of the emergency situation declared, an agency head may designate employees as “emergency employees,” based on the nature and circumstances of a particular declared emergency. That is, employees may be designated as emergency employees on a case-by-case basis and, when so designated, will be called in to work, or required to stay at work during the particular emergency situation.
1270.8 An employee designated “emergency” under the provisions of subsection 1270.7 of this section shall be informed of the designation in writing if practicable, or by any other means the agency deems appropriate (i.e., over the telephone or by electronic mail if the employee is not at work when the emergency is declared). A written notification shall follow a non-written notification.
1270.9 Essential and emergency employees who are required to work during a declared emergency when non-essential and non-emergency employees are on administrative leave shall be entitled to compensation as provided in chapter 11 of these regulations.
Section 1271, “Declared Emergencies – Early Dismissal,” is amended as follows:
Subsection 1271.3 is amended to read as follows:
1271.3 Except as provided in subsection 1271.5 of this section, whenever early dismissal has been authorized, all employees, except essential and emergency employees subject to the provisions of section 1270 of this chapter, shall be permitted to leave their assigned duty stations prior to the close of the normal workday, on administrative leave, if the following conditions are met:
(a) They are in a duty status when the notice of early dismissal is received; and
(b) Their regular tours of duty end after the hour given as the authorized time for early departure, but otherwise end no later than 7:00 p.m.
Section 1272, “Declared Emergencies – Late Arrival or Unscheduled Leave Policy,” is amended as follows:
Subsection 1272.4 is amended to read as follows:
1272.4 Whenever the Mayor determines that an unscheduled leave policy is in effect, an employee, other than an essential or emergency employee subject to the provisions of section 1270 of this chapter, shall be permitted to utilize annual leave, compensatory time, exempt time off, or leave without pay, for all or part of that day, up to a maximum of eight (8) hours or hours worked under a compressed work schedule, if applicable, without obtaining advance approval or providing detailed justification; however, the use of sick leave must be approved in accordance with section 1243 of this chapter.
Section 1273, “Declared Emergencies – Shut Down,” is amended as follows:
Subsection 1273.5 is amended to read as follows:
1273.5 Each essential or emergency employee subject to the provisions of section 1270 of this chapter shall still be required to report for duty and shall make every possible effort to do so, even upon the occurrence of conditions beyond the control of an employee, such as inclement or hazardous weather or transportation disruption.
A new section 1279, “Reserved,” is added to read as follows:
1279 PAID LEAVE PURSUANT TO THE ACCRUED SICK AND SAFE LEAVE ACT OF 2008 (D.C. LAW 17-152)
1279.1 As specified in this section, certain District government employees are covered by the provisions of the Accrued Sick and Safe Leave Act of 2008 (Act), effective May 13, 2008 (D.C. Law 17-152; D.C. Official Code §§ 32-131.01, et seq. (2010 Repl.)).
1279.2 The purpose of the Act is to provide paid leave to covered employees for illness and absences associated with domestic violence and sexual abuse.
1279.3 Pursuant to the Act, covered employees are provided with not less than one (1) hour of paid leave for every thirty seven (37) hours worked, not to exceed seven (7) days a year.
1279.4 Paid leave accrued under this section may be used by a covered employee for any of the following:
(a) An absence resulting from a physical or mental illness, injury, or medical condition of the employee;
(b) An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the employee;
(c) An absence for the purpose of caring for a family member who has any of the conditions or needs for diagnosis or care described in paragraphs (a) and (b) of this subsection; or
(d) An absence if the employee or the employee’s family member is a victim of stalking, domestic violence, or sexual abuse, provided, that the absence is directly related to medical, social or legal services pertaining to the stalking, domestic violence, or sexual abuse, an employee seeking leave under paragraph (d) of this subsection, may do so to:
(1) Seek medical attention for the employee or the employee’s family member to treat or recover from physical or psychological injury or disability caused by the stalking, domestic violence, or sexual abuse;
(2) Obtain services from a victim services organization;
(3) Obtain psychological or other counseling services; temporarily or permanently relocate;
(4) Take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the stalking, domestic violence, or sexual abuse; or
(5) Take other actions to enhance the physical, psychological, or economic health or safety of the employee or the employee’s family member or to enhance the safety of those who associate or work with the employee.
1279.5 Pursuant to section 6 of the Act (D.C. Official Code § 32-131.05), notwithstanding the provisions of subsection 1279.2 of this section, an employer with a paid leave policy providing paid leave options shall not be required to modify such policy if it offers employees the option to accrue and use leave under terms and conditions that are at least equivalent to the paid leave prescribed in the Act.
1279.6 Applicability only to “Intermittent” appointments.
(a) Because the District government currently has paid leave policies, as specified in this chapter, that provide leave options to eligible District government employees at higher accrual rates than those provided in the Act, the provisions of this section shall only apply to temporary employees serving under “When Actually Employed” (WAE) (also known as Intermittent) appointments who:
(1) As of November 13, 2008 have been continuously employed under a WAE appointment for at least one (1) year; and
(2) Are employed at any time after November 13, 2008, but only after they have been employed under the WAE appointment for one (1) year;
(b) Because, by definition, the maximum duration of a WAE appointment is two (2) years, the maximum period an eligible WAE employee could receive paid leave pursuant to the Act after becoming eligible is twelve (12) months; and
(c) Eligible WAE employees shall accrue paid leave on a prorated basis. Because the maximum number of hours a WAE employee is allowed to work in a biweekly pay period is seventy-two (72), and the maximum amount of paid leave the employee may accrue is not less than one (1) hour for every thirty seven (37) hours worked, eligible WAE employees shall accrue one (1) hour of paid leave per biweekly pay period.
1279.7 Paid leave under this section shall accrue in accordance with the District government’s established biweekly pay period. A covered employee shall accrue paid leave at the beginning on the date on which the employee becomes eligible.
1279.8 As applicable, any unused paid leave accrued during a twelve (12)-month period shall carry over annually. A covered employee shall not use in one (1) year more than the maximum hours as allowed in this section, unless the agency chooses otherwise. Unused paid leave accrued under this section shall not be reimbursed upon separation of employment.
1279.9 For the purposes of this section, the following terms shall have the meanings ascribed:
Domestic violence – an intrafamily offense as defined in D.C. Official Code § 16-1001(5)(8).
Employee –any individual who has been employed by the same employer for one (1) year without a break in service except for regular holiday, sick, or personal leave granted and has worked at least one thousand (1000) hours during the twelve (12)-month period immediately preceding the request for family or medical leave.
Employer – the District government.
Family member – (a) 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) (2010 Repl.)); (a-1) the parents of a spouse; (a-2) children (including foster children and grandchildren); (a-4) the spouses of children; (a-4) parents; (a-5) brothers and sisters; and (a-6) the spouses of brothers and sisters; (b) a child who lives with an employee and for whom the employee permanently assumes and discharges parental responsibility; or (c) a person with whom the employee shares or has shared, for not less than the preceding 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, June 11, 1992 (D.C. Law 9-114; D.C. Official Code § 32-701(3).
Paid leave – accrued increments of compensated leave provided by an employer for use by an employee.
Premium pay program – a plan offered by an employer pursuant to which an employee may elect to receive extra pay in lieu of benefits.
Sexual abuse – any 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. (2001 & 2011 Supp.)).
Section 1280, “Recording of Hours of Work, Leave, and Local Holidays,” is repealed and replaced with:
1280 PARENTAL LEAVE
1280.1 District government employees are covered by the provisions of the Parental Leave Act (Act), effective August 17, 1994 (D.C. Law 10-146; D.C. Official Code §§ 32-1201, et seq. (2010 Repl.)). Regulations on the Act, adopted by the Office of Human Rights, are contained in Chapter 17, Parental Leave, of title 4 of the District of Columbia Municipal Regulations.
1280.2 An employee who is a parent shall be entitled to a total of twenty four (24) hours leave during any twelve (12)-month period to attend or participate in school-related events of his or her child.
1280.3 An employer may deny the leave only if the granting of it would disrupt the employer’s business and make the achievement of production or service delivery unusually difficult.
1280.4 For the purposes of this section, the following terms shall have the meaning ascribed:
Parent – (a) the natural mother or father of a child; (b) a person who has legal custody of a child; (c) a person who acts as a guardian of a child regardless of whether he or she has been appointed legally as such; (d) an aunt, uncle, or grandparent of a child; or (e) a person who is married to, or in a domestic partnership with a person listed in categories (a) through (d) of this definition.
School-related event – an activity sponsored by either a school or an associated organization such as a parent-teacher association. A school-related event includes: a student performance such as a concert, play, or rehearsal; the sporting game of a school team or practice; a meeting with a teacher or counselor; or any similar type of activity. A school-related event shall involve the parent’s child directly either as participant or subject but not as a spectator.
1280.5 The parental leave described in subsection 1280.2 of this section may consist of unpaid leave unless the parent elects to use any paid family, vacation, personal, compensatory, or leave bank leave that has been provided by the employer.
1280.6 Eligible employees shall notify the employer of the desire for leave to attend a school-related event at least ten (10) calendar days prior to the event, unless the need to attend the school-related event cannot be reasonably foreseen.
1280.7 Employers shall post and maintain in a conspicuous place, a notice that sets forth excerpts from or summaries of the pertinent provisions of the Act and information that pertains to the filing of a complaint under the Act.
Section 1299, Definitions, is amended to add the definition of the terms “Full-time employee” and “When Actually Employed (WAE) Appointment in alphabetical order:”
Full-time employee – earns leave during each full biweekly pay period while in a pay status or in a combination of a pay status and a non-pay status.
When Actually Employed (WAE) Appointment – temporary appointment under which the employee serves on an intermittent basis, that is, non full-time without a prescheduled regular tour of duty. This type of temporary appointment is also referred to as either “intermittent appointment,” or as “intermittent service.”
