Code of the District of Columbia

§ 32–541.08. Appeals.

*NOTE: This section includes amendments by emergency legislation that will expire on August 24, 2021. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a) No later than 60 days after an individual who has submitted a claim for paid-leave benefits pursuant to this subchapter is notified that a determination has been made by the Mayor regarding his or her claim, the individual may appeal the claim determination to the Office of Administrative Hearings, including with respect to his or her eligibility for benefits, the weekly amount of benefits to be provided, or the duration of the time period during which benefits are to be paid.

(b) In connection with an appeal made pursuant to subsection (a) of this section, the Office of Administrative Hearings shall consider as evidence documentation including but not limited to: paystubs; personal checks, cash receipts, or bank deposits; work schedules; communications between employer and employee; and any circumstantial evidence regarding the employee's eligibility.

(c) In any case in which an employer has failed to keep or provide an employee with employment records as required under District law or has failed to make contributions on wages paid to an employee as required under this subchapter, the Office of Administrative Hearings shall consider, as a rebuttable presumption, that the employee is eligible and shall consider broadly evidence of the employee's eligibility for the benefit.

(d) A complaint, other than a claim determination, shall be filed within one year of the occurrence or discovery of the alleged violation of this subchapter, whichever is later.

(e) For complaints, other than a claim determination, that arise under this subchapter, the administrative enforcement procedure and relief shall be the same as that in D.C. FMLA; except, that complaints arising from a violation of § 32-541.07(j) shall be filed with the Department of Insurance, Securities, and Banking for resolution pursuant to Chapter 22A of Title 31.

(f) Notwithstanding any other provision of this subchapter:

(1) All correspondence, notices, determinations, or decisions required for the administration of this act may be transmitted to claimants, employers, or necessary parties by electronic mail or other means of communication as the claimant, employer, or necessary party may select from the alternative methods of communication approved by the Mayor. The Mayor shall issue a list of such approved methods of communication within 180 days after April 7, 2017.

(2) All correspondence, notices, determinations, or decisions issued by the Mayor may be signed by an electronic signature that complies with the requirements of § 28-4917 and Mayor's Order 2009-118, issued June 25, 2009 (56 DCR 6867).


(Apr. 7, 2017, D.C. Law 21-264, § 108, 64 DCR 2121; May 26, 2021, D.C. Act 24-90, § 2(c), 68 DCR 005853.)

Applicability

Section 7034 of D.C. Law 22-33 repealed § 301 of D.C. Law 21-264. Therefore the changes made to this section by D.C. Law 21-264 have been given effect.

Applicability of D.C. Law 21-264: § 301 of D.C. Law 21-264 provided that the creation of this section by § 108 of D.C. Law 21-264 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(c) of Short-term Disability Insurance Benefit Protection Emergency Amendment Act of 2021 (D.C. Act 24-90, May 26, 2021, 68 DCR 005853).

For temporary (90 days) repeal of § 301 of D.C. Law 21-264, see § 7034 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 301 of D.C. Law 21-264, see § 7034 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).