Code of the District of Columbia

§ 1–612.03c. Family leave.

(a) An eligible employee shall receive leave with pay for family leave of not more than 8 workweeks within a 12-month period for a single qualifying event.

(b) Leave authorized by this section for a single qualifying event:

(1) May be exercised by an eligible employee only within the 12-month period following the qualifying event;

(2) May be used in no less than one-day increments, either consecutively or intermittently; and

(3) Shall count against the 16 workweeks of family leave provided under § 32-502.

(c) If an employee using leave under this section is serving in a probationary capacity, the employee’s probationary period shall be extended by the duration of the leave used.

(d) An eligible employee using leave under this section shall enjoy the same employment and benefit protections afforded to an employee under § 32-505; provided, that § 32-505(f) shall not apply under this section.

(e) An agency may require that a request for leave under this section be supported by appropriate certification or other supporting documentation. An agency shall keep any information regarding the family relationship confidential.

(f) Each agency shall maintain an accounting of leave used under this section and any records related to its use.

(g) For the purposes of this section, the term:

(1) “Child” means:

(A) A person under 21 years of age;

(B) A person, regardless of age, who is substantially dependent upon the employee by reason of physical or mental disability; or

(C) A person who is under 23 years of age who is a full-time student at an accredited college or university.

(2) “Eligible employee” means a District government employee; provided, that the term “eligible employee” does not include:

(A) A short-term employee appointed for less than 90 days; or

(B) An employee with intermittent employment.

(3) “Family member” means:

(A) A person to whom the employee is related by blood, legal custody, domestic partnership, or marriage;

(B) A foster child;

(C) A child who lives with the employee and for whom the employee permanently assumes and discharges parental responsibility; or

(D) A person with whom the employee shares or has shared, within the last year, a mutual residence and with whom the employee maintains a committed relationship.

(4) “Qualifying event” means one of the following:

(A) The birth of a child of the employee;

(B) The legal placement of a child with the employee (such as through adoption, guardianship, or foster care);

(C) The placement with the employee of a child for whom the employee permanently assumes and discharges parental responsibilities; or

(D) The care of a family member of the employee who has a serious health condition.


(March 3, 1979, D.C. Law 2-139, § 1203c; as added Feb. 26, 2015, D.C. Law 20-155, § 1052(b), 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 7026, 62 DCR 10905.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 rewrote (g)(2).

Emergency Legislation

For temporary (90 days) addition of D.C. Law 2-139, § 1203c, concerning family leave, see §§ 1052(b) and 1053 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598).

For temporary (90 days) addition of D.C. Law 2-139, § 1203c, concerning family leave, see §§ 1052(b) and 1053 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, as enacted by D.C. Law 20-155, § 1052(b), see § 2(b) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).

For temporary (90 days) repeal of D.C. Law 20-155, § 1053, see § 2(c) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).

For temporary (90 days) addition of D.C. Law 2-139, § 1203c, concerning family leave, see §§ 1052(b) and 1053 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 2(b) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).

For temporary (90 days) repeal of D.C. Law 20-155, § 1053, see § 2(c) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).

For temporary (90 days) amendment of this section, see § 7016(b) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 days) repeal of D.C. Law 20-155, § 1053, see § 7016(3) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(b) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).

For temporary (225 days) repeal of D.C. Law 20-155, § 1053, see § 2(f)( 1) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).

Editor's Notes

Section 1053 of D.C. Law 20-155 provided that an employee may exercise leave under § 1-612.03c for a qualifying event that occurred before Feb. 26, 2015; provided, that the employee otherwise meets the requirements of § 1-612.03c.

Section 1053 of D.C. Law 20-155 was repealed by D.C. Law 21-36, § 7024(a).