*NOTE: This section includes amendments by temporary legislation that will expire on May 22, 2021. To view the text of this section after the expiration of all emergency and/or temporary legislation, click this link: Permanent Version.*
(a) An employer with a paid leave policy providing paid leave options, such as a paid time-off program or universal leave policy, shall not be required to modify such policy if the policy offers an employee the option, at the employee’s discretion, to accrue and use leave under terms and conditions that are at least equivalent to the paid leave prescribed in this subchapter.
(b) The terms and conditions of an employer’s policy shall be presumed equivalent if they allow an employee to:
(1) Access and accrue paid leave at least at the same rate as or greater than the hours of paid leave provided in § 32-531.02(a)(1), (2), and (3);
(2) Use the paid leave for the same purposes as those set forth in § 32-531.02(b), including unscheduled leave; and
(3) Access and use paid leave as provided in § 32-502.01.
2001 Ed., § 32-131.05.
For temporary (90 days) amendment of this section, see § 104(a)(5) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 [Effective August 19, 2020 through October 8, 2020] (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).