Code of the District of Columbia

Chapter 5. Leave from Work.


Subchapter I. Family and Medical Leave.

§ 32–501. Definitions.

For purposes of this chapter, the term:

(1) "Employee" means:

(A) For leave provided under § 32-502 or § 32-503, any individual who has been employed by the same employer for one year without a break in service except for regular holiday, sick, or personal leave granted by the employer and has worked at least 1000 hours during the 12-month period immediately preceding the request for family or medical leave; or

(B) For leave provided under section 3a, an individual employed by an employer for at least 30 days prior to the request for leave.

(2) “Employer” means any individual, firm, association, or corporation, any receiver or trustee of any individual firm, association, or corporation, or the legal representative of a deceased employer, including the District of Columbia (“District”) government, who uses the services of another individual for pay in the District.

(3) “Employment benefit” means any benefit, other than salary or wages, provided or made available to an employee by an employer, including, but not limited to, group life, health, and disability insurance, sick and annual leave, and educational and pension benefits, regardless of whether the benefit is provided by a policy or practice of an employer or by an employee welfare benefit plan as defined in title 1, subtitle A, section 3(3) of the Employee Retirement Income Security Act of 1974, effective September 2, 1974 (88 Stat. 833; 29 U.S.C. 1002(1)).

(4) “Family member” means:

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

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

(C) 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; or

(D) A foster child.

(5) “Health care provider” means any person licensed under federal, state, or District law to provide health care services.

(6) “Public safety agency” means the Metropolitan Police Department of the District of Columbia, the Fire Department of the District of Columbia, or the Department of Corrections.

(7) “Mayor” means Mayor of the District of Columbia.

(8) “Reduced leave schedule” means leave scheduled for a fewer number of hours than an employee usually works during each workweek or workday.

(9) “Serious health condition” means a physical or mental illness, injury, or impairment that involves:

(A) Inpatient care in a hospital, hospice, or residential health care facility; or

(B) Continuing treatment or supervision at home by a health care provider or other competent individual.

(10) “Local educational agency” shall have the same meaning as the term has in section 1471(12) of the Elementary and Secondary Education Act of 1965, approved April 28, 1988 (102 Stat. 201; 20 U.S.C. 2891(12)) [omitted].


(Oct. 3, 1990, D.C. Law 8-181, § 2, 37 DCR 5043; Apr. 7, 2017, D.C. Law 21-264, § 202, 64 DCR 2121; June 8, 2020, D.C. Act 23-328, § 104(a), 67 DCR 7598.)

Prior Codifications

1981 Ed., § 36-1301.

Section References

This section is referenced in § 2-1411.03, § 32-131.01, and § 32-131.04.

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 change made to this section by § 202 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) 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).

References in Text

The reference in (10) to “ 20 U.S.C. 2891(12)” is obsolete and should now read “ 20 U.S.C. 8801(18).”.

Delegation of Authority

Delegation of authority pursuant to D.C. Law 8-181, the “D.C. Family and Medical Leave Act of 1990.”, see Mayor’s Order 91-38, March 14, 1991.

Delegation of Authority-The District of Columbia Family and Medical Leave Act of 1990, see Mayor’s Order 2009-45, March 31, 2009 ( 56 DCR 6783).


§ 32–502. Family leave requirement.

(a) An employee shall be entitled to a total of 16 workweeks of family leave during any 24-month period for:

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

(2) The placement of a child with the employee for adoption or foster care;

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

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

(b) The entitlement to family leave under subsection (a)(1) through (3) of this section shall expire 12 months after the birth of the child or placement of the child with the employee.

(c) Subject to the requirements of subsection (h) of this section, in the case of a family member who has a serious health condition, the family leave may be taken intermittently when medically necessary.

(d) Upon agreement between the employer and the employee, family leave may be taken on a reduced leave schedule, during which the 16 workweeks of family leave may be taken over a period not to exceed 24 consecutive workweeks.

(e)(1) Except as provided in paragraphs (2) and (3) of this subsection, family leave may consist of unpaid leave.

(2) Any paid family, vacation, personal, or compensatory leave provided by an employer that the employee elects to use for family leave shall count against the 16 workweeks of allowable family leave provided in this chapter.

(3) If an employer has a program that allows an employee to use the paid leave of another employee under certain conditions, and the conditions have been met, the employee may use the paid leave as family leave and the leave shall count against the 16 workweeks of family leave provided in this chapter.

(4) Nothing in this section shall require an employer to provide paid family leave.

(f) If the necessity for leave under this section is foreseeable based on an expected birth or placement of a child with an employee, the employee shall provide the employer with reasonable prior notice of the expected birth or placement of a child with the employee.

(g) If the necessity for family leave under this section is foreseeable based on planned medical treatment or supervision, an employee shall:

(1) Provide the employer with reasonable prior notice of the medical treatment or supervision; and

(2) Make a reasonable effort to schedule the medical treatment or supervision, subject to the approval of the health care provider of the employee or family member, in a manner that does not disrupt unduly the operations of the employer.

(h)(1) If 2 family members are employees of the same employer:

(A) The employer may limit to 16 workweeks during a 24-month period the aggregate number of family leave workweeks to which the family members are entitled; and

(B) The employer may limit to 4 workweeks during a 24-month period the aggregate number of family leave workweeks to which the family members are entitled to take simultaneously.

(2) For the purposes of this subsection, the term “same employer” includes an office, division, subdivision, or other organizational section of an employer in which both employees have the same or interrelated duties and the absence of both employees would disrupt unduly the conduct of the employer’s business.

(i)(1) Information that an employee gives to an employer regarding a family relationship, pursuant to which the employee seeks to take family leave under this section, shall be used only to make a decision in regard to the provisions of this chapter. An employer shall keep any information regarding the family relationship confidential.

(2) Any employer who willfully violates this subsection shall be assessed a civil penalty of $1,000 for each offense.


(Oct. 3, 1990, D.C. Law 8-181, § 3, 37 DCR 5043.)

Prior Codifications

1981 Ed., § 36-1302.

Section References

This section is referenced in § 32-504, § 32-505, § 32-506, and § 32-705.

Cross References

Adoption of a child, see § 32-705.


§ 32–502.01. COVID-19 leave.

(a) During the COVID-19 public health emergency, an employee shall be entitled to leave if the employee is unable to work due to:

(1) A recommendation from a health care provider that the employee isolate or quarantine, including because the employee or an individual with whom the employee shares a household is at high risk for serious illness from COVID-19;

(2) A need to care for a family member or an individual with whom the employee shares a household who is under a government or health care provider's order to quarantine or isolate; or

(3) A need to care for a child whose school or place of care is closed or whose childcare provider is unavailable to the employee.

(b)(1) An employee may use no more than 16 weeks of leave pursuant to this section during the COVID-19 public health emergency.

(2) The right to leave pursuant to this section expires on the date the COVID-19 public health emergency expires.

(c) An employer may require reasonable certification of the need for COVID-19 leave as follows:

(1) If the leave is necessitated by the recommendation of a health care provider to the employee, a written, dated statement from a health care provider stating that the employee has such need and the probable duration of the need for leave.

(2) If the leave is necessitated by the recommendation of a health care provider to an employee's family member or individual with whom the employee shares a household, a written, dated statement from a health care provider stating that the individual has such need and the probable duration of the condition.

(3) If the leave is needed because a school, place of care, or childcare provider is unavailable, a statement by the head of the agency, company, or childcare provider stating such closure or unavailability, which may include a printed statement obtained from the institution's website.

(d) Notwithstanding § 32-516, this section shall apply to any employer regardless of the number of persons in the District that the employer employs.

(e)(1) Except as provided in paragraphs (2) and (3) of this subsection, leave under this section may consist of unpaid leave.

(2) Any paid leave provided by an employer that the employee elects to use for leave under this section shall count against the 16 workweeks of allowable leave provided in this section.

(3) If an employer has a program that allows an employee to use the paid leave of another employee under certain conditions and the conditions have been met, the employee may use the paid leave and the leave shall count against the 16 workweeks of leave provided in this section.

(4) An employee shall not be required, but may elect, to use leave provided under this section before other leave to which the employee is entitled under federal or District law or an employer's policies, unless otherwise barred by District or federal law.

(f) The provisions of § 32-505 shall apply to an employee who takes leave pursuant to this section.

(g) An employer who willfully violates subsections (a) through (e) of this section shall be assessed a civil penalty of $1,000 for each offense.

(h) The rights provided to an employee under this section may not be diminished by any collective bargaining agreement or any employment benefit program or plan; except, that this section shall not supersede any clause on family or medical leave in a collective bargaining agreement in force on the applicability date of this section for the time that the collective bargaining agreement is in effect.

(i) For the purposes of this section, the term "COVID-19 public health emergency" means the emergencies declared in the Declaration of Public Emergency (Mayor's Order 2020-045) together with the Declaration of Public Health Emergency (Mayor's Order 2020-046), declared on March 11, 2020, including any extension of those declared emergencies.


(Oct. 3, 1990, D.C. Law 8-181, § 3a; as added June 8, 2020, D.C. Act 23-328, § 104(b), 67 DCR 7598; July 7, 2020, D.C. Act 23-332, § 6, 0 DCR 0.)


§ 32–503. Medical leave requirement.

(a) Subject to the provisions of § 32-504, any employee who becomes unable to perform the functions of the employee’s position because of a serious health condition shall be entitled to medical leave for as long as the employee is unable to perform the functions, except that the medical leave shall not exceed 16 workweeks during any 24-month period. The medical leave may be taken intermittently when medically necessary.

(b)(1) Except as provided in paragraphs (2) through (4) of this subsection, medical leave may consist of unpaid leave.

(2) Any paid medical or sick leave provided by an employer that the employee elects to use for medical leave shall count against the 16 workweeks of allowable medical leave under this chapter.

(3) If an employer and employee agree that an employee may use paid vacation, personal, or compensatory leave as medical leave, the paid vacation, personal, or compensatory leave shall count against the 16 workweeks of medical leave provided in this chapter.

(4) If an employer has a program that allows an employee to use the paid leave of another employee under certain conditions, and the conditions have been met, the employee may use the paid leave as medical leave and the leave shall count against the 16 workweeks of medical leave provided in this chapter.

(c) If the need for medical leave is foreseeable based on planned medical treatment or supervision, the employee shall:

(1) Provide the employer with prior reasonable notice of the medical treatment or supervision; and

(2) Make a reasonable effort to schedule the medical treatment or supervision, subject to the approval of the health care provider of the employee, in a manner that does not disrupt unduly the operations of the employer.


(Oct. 3, 1990, D.C. Law 8-181, § 4, 37 DCR 5043.)

Prior Codifications

1981 Ed., § 36-1303.

Section References

This section is referenced in § 32-504, § 32-505, and § 32-506.


§ 32–504. Certification.

(a) An employer may require that a request for family leave under § 32-502(a)(4) or medical leave under § 32-503 be supported by a certification issued by the health care provider of the employee or family member. The employee shall provide a copy of the certification to the employer.

(b) The certification provided by the employee to the employer shall state:

(1) The date on which the serious health condition commenced;

(2) The probable duration of the condition;

(3) The appropriate medical facts within the knowledge of the health care provider that would entitle the employee to take leave under this chapter; and

(4)(A) For purposes of medical leave under § 32-503, a statement that the employee is unable to perform the functions of the employee’s position; or

(B) For purposes of family leave under § 32-502(a)(4), an estimate of the amount of time that the employee is needed to care for the family member.

(c) For the purposes of § 32-505(c), the employer may request that certification issued in any case involving medical leave under § 32-503 include an explanation of the extent to which the employee is unable to perform the functions of the employee’s position.

(d)(1) If the employer has reason to doubt the validity of the certification provided under subsection (a) of this section, the employer may require that the employee obtain, at the expense of the employer, the opinion of a 2nd health care provider approved by the employer, in regard to any information required to be certified under subsection (b) of this section.

(2)(A) If the 2nd opinion provided under this subsection differs from the original certification provided under subsection (a) of this section, the employee may obtain the opinion of a 3rd health care provider mutually agreed upon by the employer and the employee, in regard to any information required to be certified under subsection (b) of this section. The employer shall pay the cost of the opinion of the 3rd health care provider.

(B) The opinion of the 3rd health care provider in regard to the information certified under subsection (b) of this section shall be final and binding on the employer and employee.

(e) Any health care provider approved or mutually agreed upon under subsection (d)(1) or (2) of this section may not be retained on a regular basis by the employer or employee or otherwise bear a close relationship to the employer or employee that would give the appearance that the certification is biased.

(f) The employer may require that the employee obtain subsequent recertifications on a reasonable basis.

(g)(1) Certification information requested under this section shall be used only to make a decision in regard to the provisions of this chapter. An employer shall keep any medical information obtained from a certification request confidential.

(2) Any employer who willfully violates this subsection shall be assessed a civil penalty of $1,000 for each offense.


(Oct. 3, 1990, D.C. Law 8-181, § 5, 37 DCR 5043.)

Prior Codifications

1981 Ed., § 36-1304.

Section References

This section is referenced in § 32-503.


§ 32–505. Employment and benefits protection.

(a) Any employee who takes family or medical leave under this chapter shall not lose any employment benefit or seniority accrued before the date on which the family or medical leave commenced.

(b)(1) During any period in which an employee takes family or medical leave under § 32-502 or § 32-503, the employer shall maintain coverage under any group health plan, as defined in section 5000(b) of the Internal Revenue Code of 1986, approved October 21, 1986 (100 Stat. 2012; 26 U.S.C. 5000(b)), except that for the purposes of this chapter, the term “group health plan” shall include a group health plan provided by the District of Columbia government. The employer shall maintain coverage for the duration of the family or medical leave at the same level and under the same conditions that coverage would have been provided if the employee had continued in employment from the date the employee commenced the family or medical leave until the date the employee was restored to employment pursuant to subsection (d) of this section.

(2) An employer may require the employee to continue to make any contribution to a group health plan that the employee would have made if the employee had not taken family or medical leave. If an employee is unable or refuses to make the contribution to the group health plan, the employee shall forfeit the health plan benefit until the employee is restored to employment pursuant to subsection (d) of this section and resumes payment to the plan.

(c)(1) Nothing in this chapter shall prohibit an employer and an employee with a serious health condition from agreeing mutually to alternative employment for the employee throughout the duration of the serious health condition of the employee. Any period of alternative employment shall not cause a reduction in the amount of family or medical leave to which the employee is entitled under § 32-502 or § 32-503.

(2) When the employee who agreed to alternative employment is able to perform the functions of the employee’s original position, the employee shall be restored to the original position pursuant to subsection (d) of this section.

(d) Except as provided in subsection (f) of this section, upon return from family or medical leave taken pursuant to § 32-502 or § 32-503, the employee shall be:

(1) Restored by the employer to the position of employment held by the employee when the family or medical leave commenced; or

(2) Restored to a position of employment equivalent to the position held by the employee when the family or medical leave commenced that includes equivalent employment benefits, pay, seniority, and other terms and conditions of employment.

(e) Except as provided in subsection (b) of this section, nothing in this section shall entitle an employee restored by an employer to a position of employment to:

(1) The accrual of any seniority or employment benefit during any period of family or medical leave; or

(2) Any right, employment benefit, or position of employment other than any right, employment benefit, or position of employment to which the employee would have been entitled had the employee not taken the family or medical leave.

(f)(1) Except as provided in paragraph (2) of this subsection, an employer in the District may deny restoration of employment to a salaried employee if the employee is among the 5 highest paid employees of an employer of fewer than 50 persons or among the highest paid 10% of employees of an employer of 50 or more persons and the following conditions are met:

(A) The employer demonstrates that denial of restoration of employment is necessary to prevent substantial economic injury to the employer’s operations and the injury is not directly related to the leave that the employee took pursuant to this chapter; and

(B) The employer notifies the employee of the intent to deny restoration of employment and the basis for the decision at the time the employer determines denial of restoration of employment is necessary.

(2) The condition in paragraph (1)(A) of this subsection shall not apply if the following conditions have been met:

(A) The employer is under a contract to provide work or services and the absence of the employee prohibits the employer from completing the contract in accordance with the terms of the contract;

(B) Failure to complete the contract will cause substantial economic injury to the employer; and

(C) After the employer made reasonable attempts, the employer failed to find a temporary replacement for the employee.


(Oct. 3, 1990, D.C. Law 8-181, § 6, 37 DCR 5043.)

Prior Codifications

1981 Ed., § 36-1305.

Section References

This section is referenced in § 32-504 and § 32-506.


§ 32–506. School employees.

(a) If the conditions in subsection (b) of this section are met, a local educational agency (“educational agency”) or private elementary or secondary school (“school”) may require an employee who is employed principally in an instructional capacity to elect to:

(1) Take the family or medical leave for periods of particular duration not to exceed the planned medical treatment or supervision; or

(2) Transfer temporarily to an available alternative position offered by the educational agency or school for which the employee is qualified, which has equivalent pay and benefits, and better accommodates the recurring periods of leave than the employee’s regular employment position.

(b) The provisions of subsection (a) of this section shall apply if the employee described in subsection (a) of this section:

(1) Elects to take family leave pursuant to § 32-502(a)(4) or medical leave pursuant to § 32-503 that is foreseeable based on planned medical treatment or supervision;

(2) Would be on leave for greater than 20% of the total number of working days in the period during which leave would extend; and

(3) Complies with § 32-502(g) or § 32-503(c).

(c)(1) If an employee of an educational agency or school who is employed principally in an instructional capacity begins family or medical leave more than 5 weeks before the end of the academic term, the educational agency or school may require the employee to continue to take leave until the end of the term if:

(A) The leave is at least 3 weeks in duration; and

(B) The return to employment would occur during the 3-week period before the end of the academic term.

(2) If the employee described in paragraph (1) of this subsection begins leave under § 32-502 or § 32-503 during the period that commences from more than 3 weeks and up to and including 5 weeks before the end of the academic term, the educational agency or school may require the employee to continue to take leave until the end of the term if:

(A) The leave is greater than 2 weeks in duration; and

(B) The return to employment would occur during the 2-week period before the end of the academic term.

(3) If the employee described in paragraph (1) of this subsection begins leave under § 32-502 or § 32-503 during the period that commences 3 weeks or less before the end of the academic term and the duration of the leave is greater than 5 working days, the educational agency or school may require the employee to continue to take leave until the end of the term.

(d) For purposes of a restoration of employment determination under § 32-505(d)(2), in the case of an educational agency or school, the determination shall be made on the basis of established school board or private school policies and practices and collective bargaining agreements.


(Oct. 3, 1990, D.C. Law 8-181, § 7, 37 DCR 5043.)

Prior Codifications

1981 Ed., § 36-1306.


§ 32–507. Prohibited acts.

(a) It shall be unlawful for any person to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided by this chapter.

(b) It shall be unlawful for an employer to discharge or discriminate in any manner against any person because the person:

(1) Opposes any practice made unlawful by this chapter;

(2) Pursuant or related to this chapter:

(A) Files or attempts to file a charge;

(B) Institutes or attempts to institute a proceeding; or

(C) Facilitates the institution of a proceeding; or

(3) Gives any information or testimony in connection with an inquiry or proceeding related to this chapter.


(Oct. 3, 1990, D.C. Law 8-181, § 8, 37 DCR 5043.)

Prior Codifications

1981 Ed., § 36-1307.


§ 32–508. Investigative authority.

(a) An employer shall develop, maintain, and make available to the Mayor records regarding the employer’s activities related to this chapter that the Mayor may prescribe by rule.

(b) To ensure compliance with the provisions of this chapter, the Mayor, consistent with constitutional guidelines, may:

(1) Investigate and gather data regarding any wage, hour, condition, or practice of employment related to this chapter; and

(2) Enter or inspect any place of employment or record required by this chapter.

(c) For the purpose of any investigation provided for in this section, the Mayor may exercise the subpoena authority provided in § 1-301.21.


(Oct. 3, 1990, D.C. Law 8-181, § 9, 37 DCR 5043.)

Prior Codifications

1981 Ed., § 36-1308.


§ 32–509. Administrative enforcement procedure; relief.

(a) The Mayor shall provide an administrative procedure pursuant to which a person claimed to be aggrieved under this chapter may file a complaint against an employer alleged to have violated this chapter. A complaint shall be filed within 1 year of the occurrence or discovery of the alleged violation of this chapter.

(b) The administrative procedure shall include, but not be limited to:

(1) An investigation of the complaint and an attempt to resolve the complaint by conference, conciliation, or persuasion;

(2) If the complaint is not resolved, a determination on the existence of probable cause to believe a violation of this chapter has occurred;

(3) If there is a determination that probable cause exists, the issuance and service of a written notice and a copy of the complaint to the employer alleged to have committed the violation that requires the employer to answer the charges of the complaint at a formal hearing;

(4) A hearing conducted in accordance with procedures that the Mayor shall promulgate pursuant to subchapter I of Chapter 5 of Title 2;

(5) A decision and order accompanied by findings of fact and conclusions of law;

(6) If there is a determination that an employer committed a violation of this chapter, the issuance of an order that requires the employer to pay the employee damages in an amount equal to:

(A) Any wages, salary, employment benefits, or other compensation denied or lost to the employee due to the violation plus interest on the amount calculated at the rate prescribed in § 28-3302(b) or (c); and

(B) An amount equal to the greater of:

(i) The amount determined under subparagraph (A) of this paragraph; or

(ii) Consequential damages not to exceed an amount equal to 3 times the amount determined under subparagraph (A) of this paragraph plus any medical expenses not covered by the health insurance of the employee; or

(C) A reduction in damages, within the discretion of the trier of fact, for an employer who violates this chapter and proves that the violation occurred in good faith and that the employer had reasonable grounds to believe that the employer’s action or omission was not in violation of this chapter; and

(7) A provision that authorizes the award of costs and reasonable attorney’s fees to the prevailing party in addition to other relief awarded under this chapter.

(c) Any person who is adversely affected or aggrieved by an order or decision issued pursuant to subsection (b) of this section is entitled to judicial review of the order or decision in accordance with § 2-510, upon filing a written petition for review in the District of Columbia Court of Appeals.

(d)(1) If the Mayor determines that the employer has not complied with an order after 20 days following service of the order, the Mayor shall certify the matter to the Corporation Counsel and to any other agency as may be appropriate for enforcement.

(2) The Corporation Counsel shall institute, in the name of the District, a civil proceeding that may include seeking injunctive relief, as is necessary to obtain complete compliance with the order.

(3) An enforcement action shall not be instituted pending judicial review as provided in subsection (c) of this section.

(e) The entire administrative enforcement procedure outlined in subsections (a) and (b) of this section, including the formal hearing, shall take no longer than 150 days to complete from the date the complaint is filed. If the Mayor fails to make a reasonable effort to comply with the deadline requirements of the administrative enforcement provisions prescribed by this subsection and the rules promulgated by the Mayor, the person who initiated the administrative enforcement procedure against the employer may file a civil action against the employer pursuant to § 32-510.


(Oct. 3, 1990, D.C. Law 8-181, § 10, 37 DCR 5043.)

Prior Codifications

1981 Ed., § 36-1309.

Section References

This section is referenced in § 32-510.


§ 32–510. Enforcement by civil action.

(a) Subject to the provisions in subsection (b) of this section, an employee or the Mayor may bring a civil action against any employer to enforce the provisions of this chapter in any court of competent jurisdiction.

(b) No civil action may be commenced more than 1 year after the occurrence or discovery of the alleged violation of this chapter.

(c) If a court determines that an employer violated any provision of this chapter, the damages provision prescribed in § 32-509(b)(6) and § 32-509(b)(7) shall apply.


(Oct. 3, 1990, D.C. Law 8-181, § 11, 37 DCR 5043; July 23, 1994, D.C. Law 10-143, § 2, 41 DCR 3059.)

Prior Codifications

1981 Ed., § 36-1310.

Section References

This section is referenced in § 32-509.


§ 32–511. Notice.

(a) The Mayor shall devise, and an employer shall post and maintain in a conspicuous place, a notice that sets forth excerpts from or summaries of the pertinent provisions of this chapter and information that pertains to the filing of a complaint under this chapter.

(b) Any employer who willfully violates this section shall be assessed a civil penalty not to exceed $100 for each day that employer fails to post the notice.


(Oct. 3, 1990, D.C. Law 8-181, § 12, 37 DCR 5043.)

Prior Codifications

1981 Ed., § 36-1311.


§ 32–512. Effect on other laws.

Nothing in this chapter shall supersede any provision of law that provides greater employee family or medical leave rights than the family or medical rights established under this chapter.


(Oct. 3, 1990, D.C. Law 8-181, § 13, 37 DCR 5043.)

Prior Codifications

1981 Ed., § 36-1312.


§ 32–513. Effect on existing employment benefits.

(a) Nothing in this chapter shall diminish an employer’s obligation to comply with any collective bargaining agreement or any employment benefit program or plan that provides greater family or medical leave rights to an employee than the family or medical leave rights provided under this chapter.

(b) The rights provided to an employee under this chapter may not be diminished by any collective bargaining agreement or any employment benefit program or plan, except that this chapter shall not supersede any clause on family or medical leave in any collective bargaining agreement in force on October 3, 1990, for the time that the collective bargaining agreement is in effect.

(c) The rights provided to an employee under this chapter may be suspended temporarily for an employee of a public safety agency if the employee is required by rules or regulations of the agency or by the provisions of a collective bargaining agreement to return to duty because of an emergency declared by the agency head or the Mayor.


(Oct. 3, 1990, D.C. Law 8-181, § 14, 37 DCR 5043.)

Prior Codifications

1981 Ed., § 36-1313.


§ 32–514. Encouragement of more generous leave policies.

Nothing in this chapter shall be construed to discourage an employer from the adoption or retention of a family and medical leave policy more generous than the family and medical leave required by this chapter.


(Oct. 3, 1990, D.C. Law 8-181, § 15, 37 DCR 5043.)

Prior Codifications

1981 Ed., § 36-1314.


§ 32–515. Family and Medical Leave Commission established.

Expired.


Prior Codifications

1981 Ed., § 36-1315.

Editor's Notes

Expiration of Family and Medical Leave Commission: Subsection (e) of former § 36-1315, which was derived from D.C. Law 8-181, § 16, provided that the Family and Medical Leave Commission “shall continue in existence for 5 years at which time the Commission shall terminate unless the Council determines that the Commission shall continue in existence or be reestablished.” The Family and Medical Leave Commission is deemed to have expired October 3, 1995.


§ 32–516. Applicability.

The rights and responsibilities established by this chapter shall apply:

(1) During the 3-year period beginning 180 days from October 3, 1990, to any employer who employs 50 or more persons in the District; and

(2) After the 3-year period beginning 180 days from October 3, 1990, to any employer who employs 20 or more persons in the District.


(Oct. 3, 1990, D.C. Law 8-181, § 17, 37 DCR 5043.)

Prior Codifications

1981 Ed., § 36-1316.


§ 32–517. Rules.

(a) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this chapter within 90 days from October 3, 1990. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period the proposed rules shall be deemed approved.

(b) The proposed rules shall include standards for:

(1) The definition of the term “family member”;

(2) The reasonable notice that an employee who seeks to take family or medical leave shall give to an employer; and

(3) The administrative enforcement procedure.


(Oct. 3, 1990, D.C. Law 8-181, § 18, 37 DCR 5043.)

Prior Codifications

1981 Ed., § 36-1317.

Editor's Notes

Family and Medical Leave Act Rulemaking Approval Resolution of 1991: Pursuant to Resolution 9-64, effective June 14, 1991, the Council approved proposed rules to implement the District of Columbia Family and Medical Leave Act of 1990.


Subchapter II. Parental Leave.

§ 32–521.01. Definitions.

For purposes of this subchapter, the term:

(1) “Employer” means any individual, firm, association, corporation, the District of Columbia government, any receiver or trustee of any individual firm, association, or corporation, or the legal representative of a deceased employer, who uses the services of an individual (“employee”) for pay in the District.

(1A) “Employee” means any individual whose services are used for pay in the District by any of the entities provided for in paragraph (1) of this section.

(2) “Parent” means:

(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 subparagraphs (A) through (D) of this paragraph.

(3) “School-related event” means 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.

(4) “District of Columbia Emancipation Day” means April 16th of each year.

(5) “Domestic partnership” shall have the same meaning as provided in § 32-701(4).


(Aug. 17, 1994, D.C. Law 10-146, § 2, 41 DCR 4477; Apr. 18, 1996, D.C. Law 11-110, § 44(a), 43 DCR 530; Apr. 3, 2001, D.C. Law 13-237, § 4(a), 48 DCR 597; July 18, 2008, D.C. Law 18-33, § 5, 56 DCR 4269.)

Prior Codifications

2001 Ed., § 32-1201.

1981 Ed., § 36-1601.

Section References

This section is referenced in § 2-1411.03.

Effect of Amendments

D.C. Law 18-33, in par. (2)(E), substituted “married to, or in a domestic partnership with,” for “married to”; and added par. (5).

D.C. Law 13-237 added pars. (1A) and (4).

Cross References

Complaints of violations, enforcement, see § 2-1411.03.

Emergency Legislation

For temporary (90 day) amendment of section, see § 4(a) of District of Columbia Emancipation Day Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-20, March 16, 2001, 48 DCR 2699).

For temporary (90-day) amendment of section, see § 4(a) of the District of Columbia Emancipation Day Emergency Amendment Act of 2000 (D.C. Act 13-307, April 7, 2000, 47 DCR 2710).

Temporary Legislation

For temporary (225 day) amendment of section, see § 4(a) of District of Columbia Emancipation Day Temporary Act of 2000 (D.C. Law 13-152, July 18, 2000, law notification 47 DCR 6102).

Delegation of Authority

Delegation of authority pursuant to D.C. Law 10-146, the “D.C. Parental Leave Act of 1994”, see Mayor’s Order 95-66, May 2, 1995.

Resolutions

Resolution 14-409, the “Council Emancipation Day Delegation Emergency Resolution of 2002”, was approved effective April 9, 2002.


§ 32–521.02. Amount of leave; denial; form; notice.

(a) Except as provided in this section, an employee who is a parent shall be entitled to a total of 24 hours leave during any 12 month period to attend or participate in a school-related event for his or her child.

(b) Except as provided in this section, an employee shall be entitled to a day of leave each year on April 16th, the District of Columbia Emancipation Day.

(c) An employer may deny the use of leave provided by subsections (a) and (b) of this section only if the granting of leave would disrupt the employer’s business and make the achievement of production or service delivery unusually difficult.

(d) The leave provided by this section may consist of unpaid leave unless the parent or employee elects to use any paid family, vacation, personal, compensatory, or leave bank leave that has been provided by the employer.

(e) An employee shall notify the employer of the desire for leave to attend a school-related event or to celebrate the District of Columbia Emancipation Day at least 10 calendar days in advance, unless, in the case of a school event, the need to attend the school-related event cannot be reasonably foreseen.


(Aug. 17, 1994, D.C. Law 10-146, § 3, 41 DCR 4477; Apr. 3, 2001, D.C. Law 13-237, § 4(b), 48 DCR 597.)

Prior Codifications

2001 Ed., § 32-1202.

1981 Ed., § 36-1602.

Section References

This section is referenced in § 32-1203.

Effect of Amendments

“(d) Any employee shall notify the employer of the desire for leave to attend a school-related event at least 10 calendar days prior to the event, unless the need to attend the school-related event cannot be reasonably foreseen.”

“(c) The leave provided by 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.

“(b) An employer may deny the leave provided by subsection (a) of this section only if the granting of leave would disrupt the employer’s business and make the achievement of production or service delivery unusually difficult.

“(a) Except as provided in this section, an employee who is a parent shall be entitled to a total of 24 hours leave during any 12 month period to attend or participate in school-related events for his or her child.

D.C. Law 13-237 rewrote the section which had read:

Emergency Legislation

For temporary (90 day) amendment of section, see § 4(b) of District of Columbia Emancipation Day Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-20, March 16, 2001, 48 DCR 2699).

For temporary (90-day) amendment of section, see § 4(b) of the District of Columbia Emancipation Day Emergency Amendment Act of 2000 (D.C. Act 13-307, April 7, 2000, 47 DCR 2710).

For temporary (90-day) authorization of legislative findings, see § 2 of the District of Columbia Emancipation Day Emergency Amendment Act of 2000 (D.C. Act 13-307, April 7, 2000, 47 DCR 2710).

Temporary Legislation

For temporary (225 day) amendment of section, see §§ 2, 4(a) of District of Columbia Emancipation Day Temporary Act of 2000 (D.C. Law 13-152, July 18, 2000, law notification 47 DCR 6102).


§ 32–521.03. Effect of leave on employment benefits or seniority.

An employee who takes leave pursuant to § 32-1202 shall not lose any employment benefit or seniority accrued before or during the date of such leave.


(Aug. 17, 1994, D.C. Law 10-146, § 4, 41 DCR 4477.)

Prior Codifications

2001 Ed., § 32-1203.

1981 Ed., § 36-1603.


§ 32–521.04. Administrative enforcement procedure; relief.

(a) The Mayor shall provide an administrative procedure pursuant to which a person claimed to be aggrieved under this subchapter may file a complaint against an employer alleged to have violated this subchapter. A complaint shall be filed within 1 year of the occurrence or discovery of the alleged violation of this subchapter.

(b) The administrative procedure shall include, but not be limited to:

(1) An investigation of the complaint and an attempt to resolve the complaint by conference, conciliation, or persuasion;

(2) If the complaint is not resolved, a determination on the existence of probable cause to believe a violation of this subchapter has occurred;

(3) If there is a determination that probable cause exists, the issuance and service of a written notice and a copy of the complaint to the employer alleged to have committed the violation that requires the employer to answer the charges of the complaint at a formal hearing;

(4) A hearing conducted in accordance with procedures that the Mayor shall promulgate pursuant to subchapter I of Chapter 5 of Title 2;

(5) A decision and order accompanied by findings of fact and conclusions of law;

(6) If there is a determination that an employer committed a violation of this subchapter, the issuance of an order that requires the employer to pay the employee damages in an amount equal to:

(A) Any wages, salary, employment benefits, or other compensation denied or lost to the employee due to the violation plus interest on the amount calculated at the rate prescribed in § 28-3302(b) or (c);

(B) An amount equal to the greater of:

(i) The amount determined under subparagraph (A) of this paragraph; or

(ii) Consequential damages not to exceed an amount equal to 3 times the amount determined under subparagraph (A) of this paragraph plus any medical expenses not covered by the health insurance of the employee; and

(C) A reduction in damages, within the discretion of the trier of fact, for an employer who violates this subchapter and proves that the violation occurred in good faith and that the employer had reasonable grounds to believe that the employer’s action or omission was not in violation of this subchapter; and

(7) A provision that authorizes the award of costs and reasonable attorney’s fees to the prevailing party in addition to other relief awarded under this subchapter.

(c) Any person who is adversely affected or aggrieved by an order or decision issued pursuant to subsection (b) of this section is entitled to judicial review of the order or decision in accordance with § 2-510, upon filing a written petition for review in the District of Columbia Court of Appeals.

(d)(1) If the Mayor determines that the employer has not complied with an order after 20 days following service of the order, the Mayor shall certify the matter to the Corporation Counsel and to any other agency as may be appropriate for enforcement.

(2) The Corporation Counsel shall institute, in the name of the District, a civil proceeding that may include seeking injunctive relief, as is necessary to obtain complete compliance with the order.

(3) An enforcement action shall not be instituted pending judicial review as provided in subsection (c) of this section.

(e) The entire administrative enforcement procedure outlined in subsections (a) and (b) of this section, including the formal hearing, shall take no longer than 150 days to complete from the date the complaint is filed. If the Mayor fails to make a reasonable effort to comply with the deadline requirements of the administrative enforcement provisions prescribed by this subsection and the rules promulgated by the Mayor, the person who initiated the administrative enforcement procedure against the employer may file a civil action against the employer pursuant to § 32-1205.


(Aug. 17, 1994, D.C. Law 10-146, § 5, 41 DCR 4477; Apr. 18, 1996, D.C. Law 11-110, § 44(b), 43 DCR 530.)

Prior Codifications

2001 Ed., § 32-1204.

1981 Ed., § 36-1604.

Section References

This section is referenced in § 32-1205.


§ 32–521.05. Enforcement by civil action.

(a) Subject to the provisions in subsection (b) of this section, an employee or the Mayor may bring a civil action against any employer to enforce the provisions of this subchapter in any court of competent jurisdiction.

(b) No civil action may be commenced more than 1 year after the occurrence or discovery of the alleged violation of this subchapter.

(c) If a court determines that an employer violated any provision of this subchapter, the damages provision prescribed in § 32-1204(b)(6) and (c) shall apply.


(Aug. 17, 1994, D.C. Law 10-146, § 6, 41 DCR 4477.)

Prior Codifications

2001 Ed., § 32-1205.

1981 Ed., § 36-1605.

Section References

This section is referenced in § 32-1204.


§ 32–521.06. Notice.

(a) The Mayor shall devise and an employer shall post and maintain in a conspicuous place, a notice that sets forth excerpts from or summaries of the pertinent provisions of this subchapter and information that pertains to the filing of a complaint under this subchapter.

(b) Any employer who willfully violates this section shall be assessed a civil penalty not to exceed $100 for each day that employer fails to post the notice.


(Aug. 17, 1994, D.C. Law 10-146, § 7, 41 DCR 4477.)

Prior Codifications

2001 Ed., § 32-1206.

1981 Ed., § 36-1606.


Subchapter III. Employee Sick Leave.

§ 32–531.01. Definitions.

For the purposes of this subchapter, the term:

(1) “Domestic violence” means an intrafamily offense as defined in § 16-1001(5) [now (8)].

(2) “Employee” means any individual employed by an employer, but shall not include:

(A) Any individual who, without payment and without expectation of any gain, directly or indirectly, volunteers to engage in the activities of an educational, charitable, religious, or nonprofit organization;

(B) Any lay member elected or appointed to office within the discipline of any religious organization and engaged in religious functions;

(C) Any individual employed as a casual babysitter, in or about the residence of the employer.

(D) An independent contractor;

(E) A student;

(F) Health care workers who choose to participate in a premium pay program; or

(G) A substitute teacher or a substitute aide who is employed by District of Columbia Public Schools for a period of 30 or fewer consecutive work days.

(3)(A) “Employer” means a legal entity (including a for-profit or nonprofit firm, partnership, proprietorship, sole proprietorship, limited liability company, association, or corporation), or any receiver or trustee of an entity (including the legal representative of a deceased individual or receiver or trustee of an individual), who directly or indirectly or through an agent or any other person, including through the services of a temporary services or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of an employee.

(B) The term “employer” shall include the District government.

(4) “Family member” means:

(A)(i) A spouse, including the person identified by an employee as his or her domestic partner, as defined in § 32-701(3);

(ii) The parents of a spouse;

(iii) Children (including foster children and grandchildren);

(iv) The spouses of children;

(v) Parents;

(vi) Brothers and sisters; and

(vii) 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 12 months, a mutual residence and with whom the employee maintains a committed relationship, as defined in § 32-701(1).

(5) “Paid leave” means accrued increments of compensated leave provided by an employer for use by an employee during an absence from employment for any of the reasons specified in § 32-531.02(b).

(6) “Premium pay program” means a plan offered by an employer pursuant to which an employee may elect to receive extra pay in lieu of benefits.

(7) “Sexual abuse” means any offense described in Chapter 30 of Title 22 [§ 22-3001 et seq.]

(8) “Student” means an employee who:

(A)(i) Is a full-time student, as defined by an accredited institution of higher education;

(ii) Is employed by the institution at which the student is enrolled;

(iii) Is employed for less than 25 hours per week; and

(iv) Does not replace an employee subject to this subchapter; or

(B) Is employed as part of the Year Round Program for Youth, as established by the Department of Employment Services.

(9) "Substitute aide" means an individual who is employed by District of Columbia Public Schools to provide instructional assistance (general, specialized, or concentrated) to students on a temporary basis when the regular instructional aide is unavailable. The term "substitute aide" does not include an individual employed by District of Columbia Public Schools on a term or full-time assignment.

(10) "Substitute teacher" means an individual who is employed by District of Columbia Public Schools to work as a classroom teacher on a temporary basis when the regular teacher is unavailable. The term "substitute teacher" does not include an individual employed by District of Columbia Public Schools on a term or full-time assignment.


(May 13, 2008, D.C. Law 17-152, § 2, 55 DCR 3452; Feb. 22, 2014, D.C. Law 20-89, § 2(a), 61 DCR 317; Oct. 8, 2016, D.C. Law 21-160, § 7025, 63 DCR 10775.)

Prior Codifications

2001 Ed., § 32-131.01.

Effect of Amendments

The 2014 amendment by D.C. Law 20-89 rewrote (2); and substituted “who directly or indirectly or through an agent or any other person, including through the services of a temporary services or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of” for “who employs” in (3).

Cross References

As to applicability of subchapter being contingent upon the inclusion of its fiscal effect in an approved budget and financial plan, see §  32-131.17.

Emergency Legislation

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-293, Jan. 27, 2016, 63 DCR 1215).

For temporary (90 days) amendment of this section, see § 6 of the Fiscal Year 2016 Budget Support Clarification Emergency Amendment Act of 2016 (D.C. Act 21-292, Jan. 27, 2016, 63 DCR 1211).

For temporary (90 days) repeal of D.C. Law 20-157, §  7, see §  4 of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2015 (D.C. Act 21-188, Oct. 27, 2015, 62DCR 14224).

For temporary (90 days) amendment of section, see § 12 of the Fiscal Year 2016 Budget Support Clarification Emergency Amendment Act of 2015 (D.C. Act 21-164, Oct. 16, 2015, 62 DCR 13734).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 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).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 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) repeal of D.C. Law 20-89, § 3, see § 7003 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 8 of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264).

For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2015 (D.C. Law 21-57, Jan. 30, 2016, 62 DCR 15602).

Editor's Notes

Applicability of D.C. Law 20-157: Section 7 of D.C. Law 20-157 provided that the act shall apply as of October 1, 2014, and that the act shall apply to violations occurring after October 1, 2014.

Section 3 of D.C. Law 20-91 was repealed by D.C. Law 20-155, § 7003, effective Feb. 26, 2015.

Applicability of D.C. Law 20-89: Section 3 of D.C. Law 20-89 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7095 of D.C. Law 17-219 repealed section 18 of D.C. Law 17-152.


§ 32–531.02. Provision of paid leave.

(a)(1) An employer with 100 or more employees shall provide for each employee not less than one hour of paid leave for every 37 hours worked, not to exceed 7 days per calendar year.

(2) An employer with at least 25, but not more than 99, employees shall provide for each employee not less than one hour of paid leave for every 43 hours worked, not to exceed 5 days per calendar year.

(3) An employer with 24 or fewer employees shall provide not less than one hour of paid leave for every 87 hours worked, not to exceed 3 days per calendar year.

(4) For the purposes of paragraphs (1) through (3) of this subsection, the number of employees of an employer shall be determined by the average monthly number of full-time equivalent employees for the prior calendar year. The average monthly number shall be calculated by adding the total monthly full-time equivalent employees for each month and dividing by 12.

(5) In the case of employees who are exempt from overtime payment under section 213(a)(1) of the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. § 201 et seq.), employees shall not accrue leave for hours worked beyond a 40-hour work week.

(b) Paid leave accrued under this section may be used by an employee for any of the following:

(1) An absence resulting from a physical or mental illness, injury, or medical condition of the employee;

(2) An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the employee, subject to the requirement of subsection (d) of this section;

(3) An absence for the purpose of caring for a child, a parent, a spouse, domestic partner, or any other family member who has any of the conditions or needs for diagnosis or care described in paragraph (1) or (2) of this subsection; or

(4) 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 social or legal services pertaining to the stalking, domestic violence, or sexual abuse, to:

(A) Seek medical attention for the employee or the employee’s family member to recover from physical or psychological injury or disability caused by domestic violence or sexual abuse;

(B) Obtain services from a victim services organization;

(C) Obtain psychological or other counseling;

(D) Temporarily or permanently relocate;

(E) Take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic violence or sexual abuse; or

(F) 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.

(c)(1) Except as provided in § 32-531.02a, paid leave underr this subchapter shall accrue in accordance with the employer’s established pay period. An individual shall accrue paid leave at the beginning of his or her employment. An employee may begin to access paid leave after 90 days of service with his or her employer.

(2) If an employee is transferred to a separate division, entity, or location within the District, or transferred out of the District and then transferred back to a division, entity, or location within the District, but remains employed by the same employer, the employee shall be entitled to all paid leave accrued at the prior division, entity, or location and shall be entitled to use all paid leave as provided in this subchapter.

(3) When there is a separation from employment and the employee is rehired within one year of separation by the same employer, previously accrued unused paid leave shall be reinstated. The employee shall be entitled to use accrued paid leave and accrue additional paid leave immediately upon the re-commencement of employment; provided, that the employee had previously been eligible to use paid leave. If there is a separation of more than one year, an employer shall not be required to reinstate accrued paid leave and the rehired employee shall be considered to have newly commenced employment.

(4) An employee who is discharged after the completion of a probationary period of 90 days or more, and is rehired within 12 months, may access paid leave immediately.

(d) An employee shall make a reasonable effort to schedule paid leave under subsection (b) of this section in a manner that does not unduly disrupt the operations of the employer.

(e) If an employee does not suffer a loss of income when absent from work, for the number of days up to the days of paid leave provided for in subsection (a)(1), (2), and (3) of this section, an employer shall not be required to provide paid leave for such employee in accordance with this subchapter. Notwithstanding the foregoing sentence, the provisions of § 32-131.08 shall apply to employees who do not suffer a loss of income when absent from work.

(f) If employees of beauty, hair, and nail salons are paid by commission (whether commission only or base wage plus commission), the sick leave rate of pay shall be calculated as follows: divide the employee’s total earnings in base wages and commissions for the prior calendar year by the total hours worked as a commissioned employee during the prior calendar year. If employees do not have a prior calendar year’s work history, divide the employee’s total earnings in base wages and commissions since the employee’s date of hire by the total hours worked as a commissioned employee since that date.

(g) Notwithstanding the requirements in subsections (a)(1)-(4) of this section, for an employee of a restaurant or bar who regularly receive [sic] tips, commissions, or other gratuities to supplement a base wage that is below the minimum wage as established in § 32-1003(a), the employer shall provide the employee not less than one hour of paid leave for every 43 hours worked, not to exceed 5 days per calendar year. The paid leave shall be compensated in accordance with the District minimum wage, as established in § 32-1003(a).


(May 13, 2008, D.C. Law 17-152, § 3, 55 DCR 3452; Mar. 25, 2009, D.C. Law 17-353, § 311(a), 56 DCR 1117; Feb. 22, 2014, D.C. Law 20-89, § 2(b), 61 DCR 317; June 8, 2020, D.C. Act 23-328, § 105(a)(1), 67 DCR 7598.)

Prior Codifications

2001 Ed., § 32-131.02.

Section References

This section is referenced in § 32-131.01, § 32-131.04, and § 32-131.05.

Effect of Amendments

The 2014 amendment by D.C. Law 20-89 rewrote (c); and added (g).

D.C. Law 17-353, in subsec. (c), substituted “when he or she qualifies as an employee” for “at the beginning of his or her employment. An employee may begin to access paid leave after 90 days of service with his or her employer” in par. (1), and repealed par. (3), which had read as follows: “(3) An employee who is discharged after the completion of a 90-day probationary period and is rehired within 12 months may access paid leave immediately.”

Emergency Legislation

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-293, Jan. 27, 2016, 63 DCR 1215).

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2015 (D.C. Act 21-188, Oct. 27, 2015, 62 DCR 14224).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 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).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 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) repeal of D.C. Law 20-89, § 3, see § 7003 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

Temporary Legislation

For temporary (225 days) repeal of D.C. Law 20-157, §  7, see §  4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2015 (D.C. Law 21-57, Jan. 30, 2016, 62 DCR 15602).

Editor's Notes

Applicability of D.C. Law 20-157: Section 7 of D.C. Law 20-157 provided that the act shall apply as of October 1, 2014, and that the act shall apply to violations occurring after October 1, 2014.

Section 3 of D.C. Law 20-89 was repealed by D.C. Law 20-155, § 7003, effective Feb. 26, 2015.

Applicability of D.C. Law 20-89: Section 3 of D.C. Law 20-89 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.


§ 32–531.02a. Paid public health emergency leave requirement.

(a)(1) Beginning April 10, 2020, and for the duration of the COVID-19 emergency, an employer with between 50 and 499 employees, that is not a health care provider, shall provide paid leave to an employee pursuant to this section for an absence from work due to covered reasons.

(2) An employer shall provide paid leave to an employee in an amount sufficient to ensure that an employee who must be absent from work for covered reasons be able to remain away from work for 2 full weeks of work up to 80 hours, or, for a part-time employee, for the usual number of hours the employee works in a 2-week period.

(3)(A) Subject to subparagraph (B) of this paragraph, an employer shall compensate an employee for leave provided pursuant to this section at the employee's regular rate of pay. In the case of an employee who does not have a regular rate of pay, the employee's rate of pay shall be determined by dividing the employee's total gross earnings, including all tips, commission, piecework, or other earnings earned on an irregular basis for the most recent 2-week period that the employee worked for the employer, by the number of hours the employee worked during that 2-week period.

(B) In no case shall an employee's rate of pay fall below the minimum wage established by § 32-1003(a).

(4) An employer shall provide paid leave under this section to any employee who commenced work for the employer at least 15 days before the request for leave.

(b)(1) An employee may only use paid leave provided under this section concurrently with or after exhausting any other paid leave to which the employee may be entitled for covered reasons under federal or District law or an employer's policies.

(2) If an employee elects to use paid leave provided under this section concurrently with other paid leave, the employer may reduce the monetary benefit of the paid leave provided under this section by the amount of the monetary benefit the employee will receive for paid leave taken under federal or District law or the employer's policies.

(3) If an employee elects to use paid leave provided under this section after exhausting other paid leave, the employer may reduce the number of hours of paid leave an employee may use under this section by the number of hours of paid leave taken under federal or District law or the employer's policies.

(c) Nothing in this section shall be construed to require an employer to provide an employee with paid leave pursuant to this section for more than 2 full weeks of work up to 80 hours. If an employee uses all of the leave available under this section and subsequently informs the employer of the employee's continued need to be absent from work, the employer shall inform the employee of any paid or unpaid leave to which the employee may be entitled pursuant to federal or District law or the employer's policies.

(d) Before taking any other administrative action on a complaint filed pursuant to § 32-512, the Mayor shall promptly provide the employer with written notice of the alleged violation, in a form or manner to be determined by the Mayor, and give the employer 5 business days to cure the alleged violation. The time to cure the violation shall run from the date the employer receives the notice.

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

(1) "Covered reasons" means any of the reasons for which federal paid leave is available pursuant to section 5102 of the Families First Coronavirus Response Act, approved March 18, 2020 (Pub. L. No. 116-127; 134 Stat. 195).

(2) "COVID-19 emergency" means the emergencies declared in the Declaration of Public Emergency (Mayor's Order 2020-045) together with the Declaration of Public Health Emergency (Mayor's Order 2020-046), declared on March 11, 2020, including any extension of those declared emergencies.

(3) "Health care provider" means any doctor's office, hospital, health care center, clinic, post-secondary educational institution offering health care instruction, medical school, local health department or agency, nursing facility, retirement facility, nursing home, home health care provider, any facility that performs laboratory or medical testing, pharmacy, or any similar institution, employer, or entity. The term "health care provider" includes any permanent or temporary institution, facility, location, or site where medical services are provided that are similar to such institutions.


(May 13, 2008, D.C. Law 17-152, § 3a; as added June 8, 2020, D.C. Act 23-328, § 105(a)(2), 67 DCR 7598.)


§ 32–531.03. Notification.

(a) Paid leave shall be provided upon the written request of an employee upon notice as provided in this section. The request shall include a reason for the absence involved and the expected duration of the paid leave. If the paid leave is foreseeable, the request shall be provided at least 10 days, or as early as possible, in advance of the paid leave. If the paid leave is unforeseeable, an oral request for paid leave shall be provided prior to the start of the work shift for which the paid leave is requested. In the case of an emergency, the employer shall be notified prior to the start of the next work shift or within 24 hours of the onset of the emergency, whichever occurs sooner.

(b) An employer may not require an employee who seeks to use paid leave pursuant to § 32-502.01 to:

(1) For any reason, provide more than 48 hours' notice of the need to use such leave;

(2) In the event of an emergency, provide more than reasonable notice of the employee's need to use such leave; and

(3) Search for or identify another employee to perform the work hours or work of the employee using paid leave.


(May 13, 2008, D.C. Law 17-152, § 4, 55 DCR 3452; June 8, 2020, D.C. Act 23-328, § 105(a)(3), 67 DCR 7598.)

Prior Codifications

2001 Ed., § 32-131.03.


§ 32–531.04. Certification.

(a)(1) An employer may require that paid leave under § 32-131.02(b) for 3 or more consecutive days be supported by reasonable certification.

(2) Reasonable certification may include:

(A) A signed document from a health care provider, as defined in § 32-501(5), affirming the illness of the employee;

(B) A police report indicating that the employee was a victim of stalking, domestic violence, or sexual abuse;

(C) A court order; or

(D) A signed statement from a victim and witness advocate, or domestic violence counselor, as defined in § 14-310(a)(2), affirming that the employee is involved in legal action related to stalking, domestic violence, or sexual abuse.

(3) If certification is required by an employer, the employee shall provide a copy of the certification to the employer upon the employee’s return to work.

(a-1)(1) An employer may not require an employee who uses paid leave pursuant to § 32-502.01 to provide certification of the need to use such paid leave unless the employee uses 3 or more consecutive working days of paid leave.

(2) When certification is required by an employer for the use of paid leave pursuant to § 32-502.01, the employer may not require the employee to provide it until one week after the employee's return to work.

(3) An employer that does not contribute payments toward a health insurance plan on behalf of the employee shall not require certification from the employee who uses paid leave pursuant to § 32-502.01.

(b)(1) This subchapter shall not require a health care professional to disclose information in violation of section 1177 of the Social Security Act, approved August 21, 1996 (110 Stat. 2029; 42 U.S.C. § 1320d-6), or the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (110 Stat. 2033; 42 U.S.C. § 1320d-2, note).

(2) All information provided to the employer under § 32-131.02 shall not be disclosed by the employer, except to the extent that the disclosure is:

(A) Requested or consented to by the employee;

(B) Ordered by a court or administrative agency; or

(C) Otherwise required by applicable federal or local law.


(May 13, 2008, D.C. Law 17-152, § 5, 55 DCR 3452; June 8, 2020, D.C. Act 23-328, § 105(a)(4), 67 DCR 7598.)

Prior Codifications

2001 Ed., § 32-131.04.


§ 32–531.05. Current paid leave policies.

(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.


(May 13, 2008, D.C. Law 17-152, § 6, 55 DCR 3452; Oct. 8, 2016, D.C. Law 21-160, § 2092(a), 63 DCR 10775; June 8, 2020, D.C. Act 23-328, § 105(a)(5), 67 DCR 7598.)

Prior Codifications

2001 Ed., § 32-131.05.


§ 32–531.06. Effect on existing employment benefits.

(a) This subchapter shall not diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that provides greater paid leave rights to employees than the rights established under this subchapter.

(b) The paid leave requirements under this subchapter shall not be waived for less than 3 paid leave days per calendar year by the written terms of a bona fide collective bargaining agreement; provided, that the paid leave requirements under this subchapter shall not apply to any employee in the building and construction industry covered by a bona fide collective bargaining agreement that expressly waives the requirements in clear and unambiguous terms.


(May 13, 2008, D.C. Law 17-152, § 7, 55 DCR 3452; Feb. 22, 2014, D.C. Law 20-89, § 2(c), 61 DCR 317; Feb. 26, 2015, D.C. Law 20-157, § 4(a), 61 DCR 10157; Oct. 8, 2016, D.C. Law 21-160, § 2092(b), 63 DCR 10775.)

Prior Codifications

2001 Ed., § 32-131.06.

Effect of Amendments

The 2015 amendment by D.C. Law 20-157 deleted “that expressly waives the requirements in clear and unambiguous terms” from the end of (b).

The 2014 amendment by D.C. Law 20-89 rewrote (b).

Emergency Legislation

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-293, Jan. 27, 2016, 63 DCR 1215).

For temporary (90 days) amendment of this section, see § 2 of the Wage Theft Prevention Clarification Emergency Amendment Act of 2016 (D.C. Act 21-291, Jan. 27, 2016, 63 DCR 1207).

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2015 (D.C. Act 21-188, Oct. 27, 2015, 62 DCR 14224).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 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) repeal of D.C. Law 20-89, § 3, see § 7003 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) repeal of D.C. Law 20-89, § 3, see § 7003 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

Temporary Legislation

For temporary (225 days) amendment of section, see § 2 of the Wage Theft Prevention Clarification Temporary Amendment Act of 2016 D.C. Law 21-101, April 6, 2016, 63 DCR 2220, 20 DCSTAT 3142).

For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2015 (D.C. Law 21-57, Jan. 30, 2016, 62 DCR 15602).

For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2014 (D.C. Law 20-240, March 13, 2015, 62 DCR 1332).

Editor's Notes

Applicability of D.C. Law 20-157: Section 7 of D.C. Law 20-157 provided that the act shall apply as of October 1, 2014, and that the act shall apply to violations occurring after October 1, 2014.

Section 3 of D.C. Law 20-89 was repealed by D.C. Law 20-155, § 7003, effective Feb. 26, 2015.

Applicability of D.C. Law 20-89: Section 3 of D.C. Law 20-89 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.


§ 32–531.07. Encouragement of more generous paid leave policies.

This subchapter shall not prevent an employer from the adoption or retention of a paid leave policy more generous than the one required by this subchapter.


(May 13, 2008, D.C. Law 17-152, § 8, 55 DCR 3452.)

Prior Codifications

2001 Ed., § 32-131.07.


§ 32–531.08. Prohibited acts.

(a) A person shall not interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided by this subchapter.

(b) An employer shall not discharge or discriminate in any manner against an employee because the employee:

(1) Opposes any practice by an employer made unlawful by this subchapter;

(2) Pursuant or related to this subchapter:

(A) Complains to the employer;

(B) Files a complaint with the Department of Employment Services;

(C) Files a civil or administrative complaint alleging a violation of any provision of this subchapter;

(D) Informs any person about an employer’s alleged violation of this subchapter;

(E) Cooperates with the Department of Employment Services or another person’s investigation or prosecution of any alleged violation of this subchapter;

(F) Opposes any policy, practice, or act that is a violation of this subchapter; or

(G) Informs any person of his or her rights under this subchapter.

(3) Gives any information or testimony in connection with an inquiry or proceeding related to this subchapter; or

(4) Uses paid leave provided under this subchapter.

(c) Nothing in this subchapter shall prohibit an employer from establishing and enforcing a lawful policy relating to improper use of paid leave or from seeking more frequent certifications from an employee if there is evidence of a pattern of abuse of paid leave.

(d) An employer taking an adverse action against an employee within 90 days of any of the actions set forth in subsection (b)(2) of this section shall raise a rebuttable presumption that the employer has violated this subchapter.

(e) It shall be unlawful for an employer’s absence control policy to count paid leave taken under this subchapter as an absence that may lead to, or result in, discipline, discharge, demotion, suspension, or other adverse action.


(May 13, 2008, D.C. Law 17-152, § 9, 55 DCR 3452; Feb. 22, 2014, D.C. Law 20-89, § 2(d), 61 DCR 317; Feb. 26, 2015, D.C. Law 20-157, § 4(b), 61 DCR 10157.)

Prior Codifications

2001 Ed., § 32-131.08.

Section References

This section is referenced in § 32-131.02.

Effect of Amendments

The 2015 amendment by D.C. Law 20-157 substituted “civil or administrative complaint” for “civil complaint” in (b)(2)(C); and substituted “a violation of this chapter” for “unlawful under this chapter” in (b)(2)(F).

The 2014 amendment by D.C. Law 20-89 rewrote (b)(2); and added (d) and (e).

Emergency Legislation

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 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).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 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) repeal of D.C. Law 20-89, § 3, see § 7003 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

Temporary Legislation

For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2014 (D.C. Law 20-240, March 13, 2015, 62 DCR 1332).

Editor's Notes

Applicability of D.C. Law 20-157: Section 7 of D.C. Law 20-157 provided that the act shall apply as of October 1, 2014, and that the act shall apply to violations occurring after October 1, 2014.

Section 3 of D.C. Law 20-89 was repealed by D.C. Law 20-155, § 7003, effective Feb. 26, 2015.

Applicability of D.C. Law 20-89: Section 3 of D.C. Law 20-89 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.


§ 32–531.09. Posting requirement.

(a) The Mayor shall prescribe, and the Mayor shall provide to employers, and an employer shall post and maintain in a conspicuous place, a notice that sets forth excerpts from or summaries of the pertinent provisions of this subchapter and information that pertains to the filing of a complaint under this subchapter. The notice shall be published in all languages spoken by 3% of or 500 individuals in the District of Columbia population, whichever is less.

(b)(1) An employer who violates this section shall be assessed a civil penalty not to exceed $100 for each day that the employer fails to post the notice; provided, that the total penalty shall not exceed $500 unless the ongoing violation is willful.

(2) No liability for failure to post notice will arise under this section if the Mayor has failed to provide to the business the notice required by this section.

(c) An employer shall post the notice in English and all languages spoken by employees with Limited or no-English Proficiency, as defined in § 2-1931(5).

(d) Employers shall be furnished copies or summaries of this subchapter prepared by the Mayor on request.


(May 13, 2008, D.C. Law 17-152, § 10, 55 DCR 3452; Mar. 25, 2009, D.C. Law 17-353, § 311(b), 56 DCR 1117; Feb. 22, 2014, D.C. Law 20-89, § 2(e), 61 DCR 317.)

Prior Codifications

2001 Ed., § 32-131.09.

Section References

This section is referenced in § 32-131.12.

Effect of Amendments

The 2014 amendment by D.C. Law 20-89 rewrote (b)(1).

D.C. Law 17-353, in subsec. (a), deleted “in languages in accordance with subchapter II of Chapter 19 of Title 2,” following “provide to employers,”.

Emergency Legislation

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-293, Jan. 27, 2016, 63 DCR 1215).

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2015 (D.C. Act 21-188, Oct. 27, 2015, 62 DCR 14224).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 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).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 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) repeal of D.C. Law 20-89, § 3, see § 7003 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

Temporary Legislation

For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2015 (D.C. Law 21-57, Jan. 30, 2016, 62 DCR 15602).

Editor's Notes

Applicability of D.C. Law 20-157: Section 7 of D.C. Law 20-157 provided that the act shall apply as of October 1, 2014, and that the act shall apply to violations occurring after October 1, 2014.

Section 3 of D.C. Law 20-89 was repealed by D.C. Law 20-155, § 7003, effective Feb. 26, 2015.

Applicability of D.C. Law 20-89: Section 3 of D.C. Law 20-89 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.


§ 32–531.10. Administration.

This subchapter shall be administered by the Department of Employment Services.


(May 13, 2008, D.C. Law 17-152, § 11, 55 DCR 3452.)

Prior Codifications

2001 Ed., § 32-131.10.


§ 32–531.10a. Statute of limitations.

All civil or administrative complaints brought under this chapter shall be filed within 3 years of the event or final instance of a series of events on which the complaint is based, except the 3-year period shall be tolled for the duration of any period during which the employer does not post the notice required under § 32-531.09, or, for civil complaints, when an administrative complaint is filed.


(May 13, 2008, D.C. Law 17-152, § 11a; as added Feb. 22, 2014, D.C. Law 20-89, § 2(f), 61 DCR 317; Feb. 26, 2015, D.C. Law 20-157, § 4(c), 61 DCR 10157.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-157 rewrote this section.

The 2014 amendment by D.C. Law 20-89 added this section.

Emergency Legislation

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Emergency Act of 2015 (D.C. Act 21-188, Oct. 27, 2015, 62 DCR 14224).

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-293, Jan. 27, 2016, 63 DCR 1215).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 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) repeal of D.C. Law 20-157, § 7, see § 2(c) of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2014 (D.C. Act 20-544, Dec. 29, 2014, 62 DCR 243, 20 STAT 4458).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 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) repeal of D.C. Law 20-89, § 3, see § 7003 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

Temporary Legislation

For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2015 (D.C. Law 21-57, Jan. 30, 2016, 62 DCR 15602).

For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2014 (D.C. Law 20-240, March 13, 2015, 62 DCR 1332).

Editor's Notes

Applicability of D.C. Law 20-157: Section 7 of D.C. Law 20-157 provided that the act shall apply as of October 1, 2014, and that the act shall apply to violations occurring after October 1, 2014.

Section 3 of D.C. Law 20-89 was repealed by D.C. Law 20-155, § 7003, effective Feb. 26, 2015.

Applicability of D.C. Law 20-89: Section 3 of D.C. Law 20-89 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.


§ 32–531.10b. Employer records.

(a) Employers shall retain records documenting hours worked by employees and paid leave taken by employees for a period of 3 years or the prevailing federal standard at the time the record is created, which shall be identified in rules issued pursuant to this subchapter, whichever is greater, and shall allow the Mayor and the Office of the District of Columbia Auditor access to the records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this chapter.

(b) When an issue arises as to an employee’s entitlement to paid leave under this chapter, if the employer does not maintain or retain adequate records documenting hours worked by the employee and paid leave taken by the employee, or does not allow the Mayor or the Office of the District of Columbia Auditor reasonable access to the records, there shall be a rebuttable presumption that the employer has violated this chapter.


(May 13, 2008, D.C. Law 17-152, § 11b; as added Feb. 22, 2014, D.C. Law 20-89, § 2(f), 61 DCR 317; Apr. 7, 2017, D.C. Law 21-266, § 4(a), 64 DCR 2140.)

Effect of Amendments

The 2014 amendment by D.C. Law 20-89 added this section.

Emergency Legislation

For temporary (90 days) creation of this section, see § 4(a) of Wage Theft Prevention Clarification and Overtime Fairness Emergency Amendment Act of 2016 (D.C. Act 21-583, Dec. 21, 2016, 63 DCR 16031).

For temporary (90 days) amendment of this section, see § 4(a)of the Wage Theft Prevention Clarification and Overtime Fairness Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-33, Mar. 28, 2017, 64 DCR 3089).

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-293, Jan. 27, 2016, 63 DCR 1215).

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2015 (D.C. Act 21-188, Oct. 27, 2015, 62 DCR 14224).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 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).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 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) repeal of D.C. Law 20-89, § 3, see § 7003 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

Temporary Legislation

For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2015 (D.C. Law 21-57, Jan. 30, 2016, 62 DCR 15602).

Editor's Notes

Applicability of D.C. Law 20-157: Section 7 of D.C. Law 20-157 provided that the act shall apply as of October 1, 2014, and that the act shall apply to violations occurring after October 1, 2014.

Section 3 of D.C. Law 20-89 was repealed by D.C. Law 20-155, § 7003, effective Feb. 26, 2015.

Applicability of D.C. Law 20-89: Section 3 of D.C. Law 20-89 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.


§ 32–531.11. Effect on other laws.

This subchapter shall not:

(1) Supersede any provision of law or contract that provides greater employee paid leave rights than the rights established under this subchapter; or

(2) Modify or affect any federal or District law prohibiting discrimination on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, or political affiliation.


(May 13, 2008, D.C. Law 17-152, § 12, 55 DCR 3452.)

Prior Codifications

2001 Ed., § 32-131.11.


§ 32–531.12. Enforcement and penalties.

(a)(1) An employee or similarly situated employees injured by a violation of this subchapter shall be entitled to maintain a civil action or an administrative action.

(2) When an administrative complaint is filed against any employer or other person alleged to have violated this subchapter, a hearing by an administrative law judge shall be scheduled following the same procedure available in § 32-1308.01 for a violation of Chapter 13 of this title [§ 32-1301 et seq.].

(b) If an employer fails to allow an employee to use paid leave as required by this subchapter, the employer shall pay $500 in additional damages to the employee for each accrued day denied, regardless of whether the employee takes unpaid leave or reports to work on that day.

(c) Except as provided in § 32-531.09(b), an employer who willfully violates the requirements of this subchapter shall be subject to a civil penalty for each affected employee of $1,000 for the 1st offense, $1,500 for the 2nd offense, and $2,000 for the 3rd and each subsequent offense.

(d) If the Mayor determines that an employer has violated any provision of this subchapter, the Mayor shall order the employer to provide affirmative remedies including:

(1) Back pay for lost wages caused by the employer’s violation of this subchapter;

(2) Reinstatement or other injunctive relief;

(3) Compensatory damages, punitive damages, and additional damages as provided in subsection (b) of this section; and

(4) Reasonable attorney’s fees and costs of enforcement.

(e) An action may be maintained against any employer in a court of competent jurisdiction by any one or more employees for and on behalf of himself or themselves. An employer who violates the provisions of this subchapter shall be liable to the employee or employees affected for:

(1) Back pay for lost wages caused by the employer’s violation of this subchapter;

(2) Reinstatement or other injunctive relief;

(3) Compensatory damages, punitive damages, and additional damages as provided in subsection (b) of this section; and

(4) Reasonable attorney’s fees and costs.

(f)(1) Where compliance with this subchapter or regulations enacted to implement this subchapter is not forthcoming, the Mayor shall take any appropriate enforcement action to secure compliance, including initiating a civil action and, except where prohibited by another law, revoking or suspending any registration certificates, permits or licenses held or requested by the employer or person until the violation is remedied.

(2) To compensate the District for the costs of investigating and remedying the violation, the Department of Employment Services may also order the violating employer or person to pay to the District a sum of not more than $500 for each day or portion thereof and for each employee or person as to whom the violation occurred or continued. The funds recovered by the District under this subchapter shall be allocated to offset the costs of implementing and enforcing this subchapter.

(g) In any administrative or civil action brought under this subchapter, the Mayor or court shall award interest on all amounts due and unpaid at the rate of interest specified in § 28-3302(b) or § 28-3302(c).

(h) Any money awarded to an employee under this subchapter shall be enforceable by the employee to whom the debt is owed or may be collected by the District on behalf of the employee.

(i) The administrative fines and penalties collected under this section shall be deposited into the Wage Theft Prevention Fund, established by § 32-1307.01.


(May 13, 2008, D.C. Law 17-152, § 13, 55 DCR 3452; Feb. 22, 2014, D.C. Law 20-89, § 2(g), 61 DCR 317; Feb. 26, 2015, D.C. Law 20-157, § 4(d), 61 DCR 10157.)

Prior Codifications

2001 Ed., § 32-131.12.

Effect of Amendments

The 2015 amendment by D.C. Law 20-157 added (a)(2); substituted “civil penalty for each affected employee” for “civil penalty” in (c); rewrote (d)(3) and (e)(3); and added (i).

The 2014 amendment by D.C. Law 20-89 rewrote this section.

Emergency Legislation

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-293, Jan. 27, 2016, 63 DCR 1215)..

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2015 (D.C. Act 21-188, Oct. 27, 2015, 62 DCR 14224).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 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) repeal of D.C. Law 20-89, § 3, see § 7003 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) repeal of D.C. Law 20-89, § 3, see § 7003 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

Temporary Legislation

For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2015 (D.C. Law 21-57, Jan. 30, 2016, 62 DCR 15602).

For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2014 (D.C. Law 20-240, March 13, 2015, 62 DCR 1332).

Editor's Notes

Applicability of D.C. Law 20-157: Section 7 of D.C. Law 20-157 provided that the act shall apply as of October 1, 2014, and that the act shall apply to violations occurring after October 1, 2014.

Section 3 of D.C. Law 20-89 was repealed by D.C. Law 20-155, § 7003, effective Feb. 26, 2015.

Applicability of D.C. Law 20-89: Section 3 of D.C. Law 20-89 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.


§ 32–531.13. Rules.

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this subchapter. If rules are promulgated, the Mayor shall submit the proposed rules to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 30-day review period, the proposed rules shall be deemed approved.


(May 13, 2008, D.C. Law 17-152, § 14, 55 DCR 3452; Feb. 22, 2014, D.C. Law 20-89, § 2(h), 61 DCR 317.)

Prior Codifications

2001 Ed., § 32-131.13.

Effect of Amendments

The 2014 amendment by D.C. Law 20-89 deleted “within 60 days after May 13, 2008” from the end of the first sentence.

Emergency Legislation

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-293, Jan. 27, 2016, 63 DCR 1215).

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2015 (D.C. Act 21-188, Oct. 27, 2015, 62 DCR 14224).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 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).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 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) repeal of D.C. Law 20-89, § 3, see § 7003 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

Temporary Legislation

For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2015 (D.C. Law 21-57, Jan. 30, 2016, 62 DCR 15602).

Editor's Notes

Applicability of D.C. Law 20-157: Section 7 of D.C. Law 20-157 provided that the act shall apply as of October 1, 2014, and that the act shall apply to violations occurring after October 1, 2014.

Section 3 of D.C. Law 20-89 was repealed by D.C. Law 20-155, § 7003, effective Feb. 26, 2015.

Applicability of D.C. Law 20-89: Section 3 of D.C. Law 20-89 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Delegation of Authority

Delegation of Rule Making Authority to the Director of the Department of Employment Services pursuant to D.C. Law 17-152, the Accrued Sick Leave and Safe Leave Act of 2008, see Mayor’s Order 2008-153, November 6, 2008 (55 DCR 12534).


§ 32–531.14. Hardship exemption.

The Mayor shall exempt, by rule, businesses that can prove hardship as a result of this subchapter. The Mayor shall submit the proposed hardship exemption rules to the Council for a 45-day period of review, excluding Saturdays, Sunday, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within the 45-day review period, the proposed rules shall be deemed disapproved.


(May 13, 2008, D.C. Law 17-152, § 15, 55 DCR 3452.)

Prior Codifications

2001 Ed., § 32-131.14.


§ 32–531.15. Report by the [Department of Employment Services].

The Department of Employment Services shall prepare and submit to the Mayor and Council, annually, a report of this chapter’s economic impact on the private sector. Among other things, the Department of Employment Services shall obtain a sample of statistics on District businesses to determine:

(1) The compliance level of businesses; and

(2) Whether companies are utilizing staffing patterns to circumvent the intention of this subchapter.


(May 13, 2008, D.C. Law 17-152, § 16, 55 DCR 3452; Feb. 22, 2014, D.C. Law 20-89, § 2(i), 61 DCR 317; Aug. 17, 2016, D.C. Law 21-143, § 7, 63 DCR 7589.)

Prior Codifications

2001 Ed., § 32-131.15.

Effect of Amendments

The 2014 amendment by D.C. Law 20-89 deleted “with the posting requirements” following “businesses” in (1).

Applicability

Section 7008 of D.C. Law 21-160 repealed § 14 of D.C. Law 21-143. Therefore the changes made to this section by D.C. Law 21-143 have been given effect.

Applicability of D.C. Law 21-143: § 14 of D.C. Law 21-143 provided that the change made to this section by § 7 of D.C. Law 21-143 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been given effect.

Emergency Legislation

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-293, Jan. 27, 2016, 63 DCR 1215).

For temporary (90 days) repeal of D.C. Law 20-157, §  7, see §  4 of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2015 (D.C. Act 21-188, Oct. 27, 2015, 62 DCR 14224).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 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).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 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) repeal of D.C. Law 20-89, § 3, see § 7003 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

Temporary Legislation

For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2015 (D.C. Law 21-57, Jan. 30, 2016, 62 DCR 15602).

Editor's Notes

Applicability of D.C. Law 20-157: Section 7 of D.C. Law 20-157 provided that the act shall apply as of October 1, 2014, and that the act shall apply to violations occurring after October 1, 2014.

Section 3 of D.C. Law 20-89 was repealed by D.C. Law 20-155, § 7003, effective Feb. 26, 2015.

Applicability of D.C. Law 20-89: Section 3 of D.C. Law 20-89 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.


§ 32–531.15a. Public education and outreach.

(a) The Department of Employment Services shall develop and implement a multilingual outreach program to inform employees of the availability of paid leave under this chapter.

(b) The program shall include the distribution of notices and other written materials in English and in other languages to all childcare and elder care providers, domestic violence shelters, schools, hospitals, community health centers, and other health care providers within the District.


(May 13, 2008, D.C. Law 17-152, § 16a; as added Feb. 22, 2014, D.C. Law 20-89, § 2(j), 61 DCR 317.)

Prior Codifications

2001 Ed., § 32-131.15a.

Effect of Amendments

The 2014 amendment by D.C. Law 20-89 added this section.

Emergency Legislation

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-293, Jan. 27, 2016, 63 DCR 1215).

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-293, Jan. 27, 2016, 63 DCR 1215).

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Emergency Ameendment Act of 2015 (D.C. Act 21-188, Oct. 27, 2015, 62 DCR 14224).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 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).

For temporary (90 days) repeal of D.C. Law 20-89, § 3, see § 7003 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) repeal of D.C. Law 20-89, § 3, see § 7003 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

Temporary Legislation

For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2015 (D.C. Law 21-57, Jan. 30, 2016, 62 DCR 15602).

Editor's Notes

Section 3 of D.C. Law 20-89 was repealed by D.C. Law 20-155, § 7003, effective Feb. 26, 2015.

Applicability of D.C. Law 20-157: Section 7 of D.C. Law 20-157 provided that the act shall apply as of October 1, 2014, and that the act shall apply to violations occurring after October 1, 2014.

Applicability of D.C. Law 20-89: Section 3 of D.C. Law 20-89 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.


§ 32–531.16. Applicability.

(a) This subchapter shall apply 6 months after May 13, 2008.

(b) In the case of a collective bargaining agreement in effect on the effective date set forth in subsection (a) of this section, this subchapter shall apply on the earlier of the date of the termination of the agreement or the date that occurs 18 months after the effective date set forth in subsection (a) of this section.


(May 13, 2008, D.C. Law 17-152, § 17, 55 DCR 3452.)

Prior Codifications

2001 Ed., § 32-131.16.


§ 32–531.17. Appropriations contingency. [Repealed]

Repealed.


(May 13, 2008, D.C. Law 17-152, § 18, 55 DCR 3452; Aug. 16, 2008, D.C. Law 17-219, § 7095, 55 DCR 7598.)

Prior Codifications

2001 Ed., § 32-131.17.


Subchapter IV. Universal Paid Leave.

§ 32–541.01. Definitions.

For the purposes of this subchapter, the term:

(1) "Average weekly wage" means the total wages subject to contribution under § 32-541.03 earned by an eligible individual during the 4 out of the 5 quarters immediately preceding the qualifying event during which the eligible individual's wages were highest, divided by 52.

(2) "Bonding" means the formation of a close emotional and psychological relationship between a parent or primary caregiver and an infant or child.

(3) "Covered employee" means an employee of a covered employer:

(A) Who spends more than 50% of his or her work time for that employer working in the District of Columbia; or

(B) Whose employment for the covered employer is based in the District of Columbia and who regularly spends a substantial amount of his or her work time for that covered employer in the District of Columbia and not more than 50% of his or her work time for that covered employer in another jurisdiction.

(4) "Covered employer" means:

(A) Any individual, partnership, general contractor, subcontractor, association, corporation, business trust, or any group of persons who directly or indirectly or through an agent or any other person, including through the services of a temporary services or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of an employee and is required to pay unemployment insurance on behalf of its employees by § 51-103; provided, that the term "covered employer" shall not include the United States, the District of Columbia, or any employer that the District of Columbia is not authorized to tax under federal law or treaty; or

(B) A self-employed individual who has opted into the paid-leave program established pursuant to this subchapter.

(5) "D.C. FMLA" means the subchapter I of this chapter.

(6) "Eligible individual" means a person whose claim for paid-leave benefits is not based on employment for the United States, the District of Columbia, or an employer that the District of Columbia is not authorized to tax under federal law or treaty, who meets the requirements of this subchapter and regulations issued pursuant to this subchapter and:

(A) Has been a covered employee during some or all of the 52 calendar weeks immediately preceding the qualifying event for which paid leave is being taken; or

(B) Is a self-employed individual who has:

(i) Opted into the paid-leave program established pursuant to this subchapter; and

(ii) Earned self-employment income for work performed more than 50% of the time in the District of Columbia during some or all of the 52 calendar weeks immediately preceding the qualifying event for which paid leave is being taken.

(7) "Family member" means:

(A) A biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or a person to whom an eligible individual stands in loco parentis;

(B) A biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to an eligible individual when the eligible individual was a child;

(C) A person to whom an eligible individual is related by domestic partnership, as defined by § 32-701(4), or marriage;

(D) A grandparent of an eligible individual; or

(E) A sibling of an eligible individual.

(8) "Health care provider" shall have the same meaning as provided in § 32-501(5).

(9) "Intermittent leave" means paid leave taken in increments of no less than one day, rather than for one continuous period of time.

(10) "Open enrollment period" means:

(A) The first 90 days after the date on which the Mayor, pursuant to § 32-541.03, begins to collect contributions to the Universal Paid Leave Implementation Fund;

(B) The 60 days following the commencement of business in the District of Columbia by a self-employed individual; or

(C) Beginning with calendar year 2020 and in each calendar year thereafter, the months of November and December.

(11) "Paid-leave benefits" means the monetary benefits provided pursuant to this subchapter.

(12) "Qualifying family leave" means paid leave for up to a maximum amount of 6 workweeks within a 52-workweek period that an eligible individual may take in order to provide care or companionship to a family member because of the occurrence of a qualifying family leave event.

(13) "Qualifying family leave event" means the diagnosis or occurrence of a serious health condition of a family member of an eligible individual.

(14) "Qualifying medical leave" means paid leave for up to a maximum of 2 workweeks within a 52-workweek period that an eligible individual may take following the occurrence of a qualifying medical leave event.

(15) "Qualifying medical leave event" means the diagnosis or occurrence of a serious health condition of an eligible individual.

(16) "Qualifying parental leave" means paid leave for up to a maximum of 8 workweeks within a 52-workweek period that an eligible individual may take within one year of the occurrence of a qualifying parental leave event.

(17) "Qualifying parental leave event" means events, including bonding, associated with:

(A) The birth of a child of an eligible individual;

(B) The placement of a child with an eligible individual for adoption or foster care; or

(C) The placement of a child with an eligible individual for whom the eligible individual legally assumes and discharges parental responsibility.

(18) "Retaliate" means to:

(A) Commit any form of intimidation, threat, reprisal, harassment, discrimination, or adverse employment action, including discipline, discharge, suspension, transfer or assignment to a lesser position in terms of job classification, job security, or other condition of employment;

(B) Reduce pay or hours or deny an individual additional hours;

(C) Inform another employer that the person has engaged in activities protected by this subchapter; or

(D) Report, or threaten to report, the actual or suspected citizenship or immigration status of an employee, former employee, or family member of an employee or former employee, to a federal, state, or local agency.

(19) "Self-employment income" means gross income earned from carrying on a trade or business as a sole proprietor, an independent contractor, or a member of a partnership.

(20) "Serious health condition" means a physical or mental illness, injury, or impairment that requires inpatient care in a hospital, hospice, or residential health care facility, or continuing treatment or supervision at home by a health care provider or other competent individual. For the purposes of this definition:

(A)(i) The term "treatment" includes, but is not limited to, examinations to determine if a serious health condition exists and evaluations of the condition.

(ii) Treatment does not include routine physical examinations, eye examinations, or dental examinations.

(iii) A regimen of continuing treatment such as the taking of over-the-counter medications, bed rest, or similar activities that can be initiated without a visit to a health care provider is not, by itself, sufficient to constitute continuing treatment for the purposes of this subchapter.

(B) The term "inpatient care" is the care of a patient in a hospital, hospice, or residential medical care facility for the duration of one overnight period or longer, or any subsequent treatment in connection with such inpatient care.

(C) The term "incapacity" means inability to work, attend school, or perform other regular daily activities due to the serious health condition, treatment of the serious health condition, or recovery from the serious health condition.

(D) Conditions for which cosmetic treatments are administered are not serious health conditions; provided, that procedures related to an individual's gender transition shall not be considered cosmetic treatments for the purposes of this subparagraph.

(E) A serious health condition involving continuing treatment by a health care provider means any one or more of the following:

(i) A period of incapacity of more than 3 consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also involves:

(I) Treatment of 2 or more times within 30 days of the first day of incapacity, unless extenuating circumstances exist, by a health care provider, by a nurse under direct supervision of a health care provider, or by a provider of health care services under orders of, or on referral by, a health care provider. For the purposes of this sub-subparagraph, "extenuating circumstances" means circumstances beyond an individual's control that prevent the follow-up visit from occurring as planned by the health care provider;

(II) The first, or only, in-person treatment visit within 10 days after the first day of incapacity if extenuating circumstances exist; or

(III) Treatment by a health care provider on at least one occasion, which results in a regimen of continuing treatment under the supervision of the health care provider;

(ii) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:

(I) Requires 2 or more periodic visits annually for treatment by a health care provider or by a nurse under direct supervision of a health care provider;

(II) Continues over an extended period of time, which shall include recurring episodes of a single underlying condition; and

(III) May cause episodic rather than a continuing period of incapacity;

(iii) A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. The family member of an eligible individual must be under continuing supervision of, but need not be receiving active treatment by, a health care provider; or

(iv) Any period of absence to receive multiple treatments (including any period of recovery from the treatments) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, for:

(I) Restorative surgery after an accident or other injury; or

(II) A condition that would likely result in a period of incapacity of more than 3 consecutive, full calendar days in the absence of medical intervention or treatment.

(21) "Uniform Paid Leave Implementation Fund" means § 32-551.01

(22) "Wages" shall have the same meaning as provided in § 51-101(3); provided, that the term "wages" also shall include self-employment income earned by a self-employed individual who has opted into the paid-leave program established pursuant to this subchapter.


(Apr. 7, 2017, D.C. Law 21-264, § 101, 64 DCR 2121.)

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 § 101 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) 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).


§ 32–541.02. Establishment of a paid-leave program; rules.

(a) The Mayor shall establish a paid-leave program to administer the paid-leave benefits provided for in this subchapter.

(b)(1) Within 180 days after April 7, 2017, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this act.

(2) The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the 45-day period, the proposed rules shall be deemed approved.


(Apr. 7, 2017, D.C. Law 21-264, § 102, 64 DCR 2121.)

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 § 102 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) 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).


§ 32–541.03. Contributions to the Universal Paid Leave Implementation Fund.

(a) A covered employer shall contribute an amount equal to 0.62% of the wages of each of its covered employees to the Universal Paid Leave Implementation Fund in a manner prescribed by the Mayor.

(b) A covered employer who is a self-employed individual who has opted-in to the paid-leave program established pursuant to this subchapter shall contribute an amount equal to 0.62% of his or her annual self-employment income to the Universal Paid Leave Implementation Fund in a manner prescribed by the Mayor.

(c) Within 180 days after April 7, 2017, the Mayor shall provide public notice to covered employers regarding the manner in which the Mayor shall collect contributions to the Universal Paid Leave Implementation Fund.

(d) By July 1, 2019, the Mayor shall begin to collect contributions to the Universal Paid Leave Implementation Fund from covered employers.

(e) Upon a self-employed individual's becoming a covered employer by opting into the paid-leave program established pursuant to this subchapter, the Mayor shall provide notice to that individual regarding the manner in which contributions to the Universal Paid Leave Implementation Fund shall be collected from the individual.

(f) A covered employer who fails to contribute any amount required by this section to the Universal Paid Leave Implementation Fund shall be subject to the same notice requirements, procedures, interest, penalties, and remedies set forth in § 51-104.


(Apr. 7, 2017, D.C. Law 21-264, § 103, 64 DCR 2121.)

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 § 103 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) 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).


§ 32–541.04. Duration and amount of benefits.

(a) Upon the occurrence of a qualifying family leave event, qualifying medical leave event, or qualifying parental leave event, an eligible individual may file a claim for benefits to be paid pursuant to this subchapter.

(b) After the occurrence of a qualifying family leave event, qualifying medical leave event, or qualifying parental leave event, an eligible individual shall wait one week during and for which no benefits are payable before being entitled to receive payment of his or her paid-leave benefits; provided, that regardless of the number of qualifying events for which an eligible individual files a claim for paid-leave benefits, he or she shall only have one waiting period during and for which no benefits are payable within a 52-week period.

(c) Following the filing of a claim and the one-week waiting period, if applicable, an eligible individual shall be entitled to receive payment of his or her paid-leave benefits; provided, that the payment of such benefits shall be made in the amount and manner set forth in the Mayor's initial determination made pursuant to § 32-541.06, as modified by the result of any appeal brought pursuant to § 32-541.08, and otherwise shall be subject to the provisions of this subchapter.

(d) An eligible individual may submit a claim for payment of his or her paid-leave benefits for a period during which he or she does not perform his or her regular and customary work because of the occurrence of a qualifying family leave event, qualifying medical leave event, or qualifying parental leave event; provided, that an eligible individual shall not be entitled to receive payment for more than 8 workweeks total of paid-leave benefits in a 52-workweek period regardless of the number of qualifying leave events that occurred during that period.

(e) The International Classification of Diseases, Tenth Revision (ICD-10), or subsequent revisions by the World Health Organization to the International Classification of Diseases, along with the health care provider or caretaker assessments, shall be used to determine the appropriate length of paid family leave an eligible individual is entitled to, up to a maximum of 6 workweeks, based on the serious health condition of the eligible individual's family member, or medical leave an eligible individual is entitled to, up to a maximum of 2 workweeks, based on the serious health condition of the eligible individual.

(f) An eligible individual may receive payment for intermittent leave; provided, that the total amount of intermittent leave shall not exceed 6 workweeks in a 52-workweek period for a qualifying family leave event, 2 workweeks in a 52-workweek period for a qualifying medical leave event, or 8 workweeks in a 52-workweek period for a qualifying parental leave event.

(g)(1) An eligible individual who earns an average weekly wage that is equal to or less than 150% of the District's minimum wage multiplied by 40 shall be entitled to weekly paid-leave benefits that shall equal 90% of that eligible individual's average weekly wage.

(2) An eligible individual who earns an average weekly wage that is greater than 150% of the District's minimum wage multiplied by 40 shall be entitled to payment of weekly paid-leave benefits that shall equal:

(A) 90% of 150% of the District's minimum wage multiplied by 40; plus

(B) 50% of the amount by which the eligible individual's average weekly wage exceeds 150% of the District's minimum wage multiplied by 40; provided, that no eligible individual shall be entitled to payment of paid-leave benefits at a rate in excess of the maximum weekly benefit amount.

(3) If an eligible individual has multiple sources of income, his or her wages may be combined to determine his or her average weekly wage; provided, that if an individual's combined wages result in an average weekly wage more than the maximum weekly benefit amount, the individual shall be entitled to no more than the maximum weekly benefit amount.

(4) Medical, family, and parental leave benefits for partial weeks of leave shall be prorated.

(5) Before October 1, 2021, the maximum weekly benefit amount shall be $1,000.

(6)(A) On October 1, 2021, and on October 1 of each successive year, the maximum weekly benefit amount provided in this subsection shall increase in proportion to the annual average increase, if any, in the Consumer Price Index for All Urban Consumers, Washington-Baltimore Metropolitan area published by the Bureau of Labor Statistics of the United States Department of Labor for the previous calendar year; provided, that the Chief Financial Officer of the District of Columbia shall certify that funds are sufficient in the Universal Paid Leave Implementation Fund each year before the maximum weekly benefit amount increases pursuant to this paragraph.

(B) Any increase under this paragraph shall be adjusted to the nearest multiple of $1.

(h) By September 30, 2017, and quarterly thereafter, the Mayor shall submit to the Council a project plan that explains in detail the timeline, including specific dates by which milestones of the project will be accomplished, for the development of all software necessary to administer the paid-leave system established pursuant to this subchapter.

(i) By December 30, 2017, and quarterly thereafter, the Mayor shall submit to the Council a requirements document that explains in detail the requirements needed in order to develop all software necessary to administer the paid-leave system established pursuant to this subchapter.

(j) By July 1, 2020, the Mayor shall commence the payment of paid-leave benefits provided for in this subchapter.

(k) Covered employers are not responsible for collecting or tracking any taxes from individuals related to paid-leave payments received pursuant to this subchapter from the District of Columbia government.


(Apr. 7, 2017, D.C. Law 21-264, § 104, 64 DCR 2121.)

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 § 104 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) 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).


§ 32–541.05. Self-employed individuals.

(a)(1) An individual who earns self-employment income and who opts into the paid-leave program established pursuant to this subchapter shall remain continuously enrolled in the program until such time as he or she elects to opt out; provided, that an individual who earns self-employment income who has opted into the program may only opt out of the program during an open enrollment period.

(2) If an individual who earns self-employment income has chosen not to opt into the paid-leave program established pursuant to this subchapter, he or she shall only be permitted to enroll, or re-enroll, in the program during an open enrollment period in a manner prescribed by the Mayor and shall make contributions to the Universal Paid Leave Implementation Fund for no less than 3 consecutive years.

(b) If an individual who earns self-employment income withdraws from the paid-leave program established pursuant to this subchapter 2 or more times, he or she shall be barred from re-enrolling in the program for a period of 5 years from the date of his or her withdrawal from the program.

(c) Beginning on January 1, 2020, an individual who earns self-employment income who previously opted out of or withdrew from the paid-leave program established pursuant to this subchapter shall not be eligible to receive benefits pursuant to this subchapter for the first year after enrolling or reenrolling in the program.

(d)(1) If an individual who earns self-employment income does not make a timely payment required by this subchapter, the District shall notify the individual of the payment due. After notice has been given, and if payment is not received, the individual shall be disenrolled and shall not be eligible for paid-leave benefits pursuant to this subchapter.

(2) An individual who has been disenrolled pursuant to this subsection may re-enroll consistent with requirements of this section following the payment of any amounts due to the District pursuant to this subchapter.


(Apr. 7, 2017, D.C. Law 21-264, § 105, 64 DCR 2121.)

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 § 105 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) 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).


§ 32–541.06. Administration of the paid-leave program.

(a) The Mayor shall establish reasonable procedures and forms for filing claims for benefits under this subchapter and shall specify the supporting documentation necessary to support a claim for benefits, including, for qualifying family leave or qualifying medical leave, proof of a serious health condition and the length of leave expected based on industry standards used by health care professionals to label diagnosis of medical conditions and treatments.

(b) Claims for paid-leave benefits shall be made in accordance with this subchapter and any regulations that the Mayor may prescribe for administration of the program established pursuant to this subchapter; provided, that, for qualifying family leave, the Mayor shall require an applicant to affirm that he or she will be taking the leave in order to provide care or companionship for a family member with a serious health condition and submit a description of the care or companionship to be provided.

(c) The Mayor shall notify the eligible individual's employer within 3 business days of the filing of a claim for benefits under this subchapter.

(d) No later than 10 business days after an eligible individual files a claim for benefits under this subchapter, the Mayor shall make, and notify an individual of, an initial determination as to:

(1) Whether an eligible individual may receive benefits pursuant to this subchapter;

(2) The weekly amount of benefits payable to the eligible individual;

(3) The date on which payment to the eligible individual shall commence;

(4) The number of weeks for which the eligible individual shall receive benefits and the dates on which the corresponding payments shall be made; provided, that the Mayor shall employ the International Classification of Diseases, Tenth Revision (ICD-10), or any subsequent revision by the World Health Organization to the International Classification of Diseases, along with health care provider or caretaker assessments, when making this determination for purposes of qualifying family leave or qualifying medical leave; and

(5) The right to appeal to the Office of Administrative Hearings if an eligible individual does not agree with one or more of the determinations made by the Mayor pursuant to this subsection.

(e) If an individual is determined eligible to receive paid-leave benefits provided for under this subchapter, the Mayor shall make the first payment to the eligible individual within 10 business days of the determination of eligibility and subsequent payments shall be made biweekly thereafter.

(f) The Mayor may use information sharing and integration technology to facilitate the disclosure of relevant information or records so long as an individual consents to the disclosure as required under District law.

(g)(1) The Mayor shall create a user-friendly, online portal for the submission and management of forms and documents necessary to administer the paid-leave program established pursuant to this subchapter.

(2) The portal shall be accessible to the public via the Internet, and shall be designed with a privacy protected, user-friendly, interactive, searchable interface that provides information relevant to claimants, employers, and the public.

(3) No individual information shall be posted on this portal.

(4) The portal shall be compliant with Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (Pub. L. No. 104-191; 110 Stat. 1936).

(5) The components of the portal accessible to the general public shall include at a minimum, real-time, searchable parameters for the purpose of collection of reportable data, tracking program use, and to use data to reduce the cost of the program and to integrate the program with existing District benefit programs.

(6) The portal, and all associated software necessary to administer the paid-leave program established pursuant to this subchapter, shall be designed to be able to handle the benefits provided for in this subchapter and future changes to the parameters of the program, including the maximum number of weeks an eligible individual may claim for a qualifying leave event or the formula for calculating weekly benefits.

(h) Information contained in the files and records pertaining to an individual under this subchapter are confidential and not open to public inspection, other than to public employees in the performance of their official duties. An individual or an authorized representative of an individual may review his or her own records or receive specific information from his or her own records. All documents may be accepted and distributed electronically pursuant to § 28-4917.

(i)(1) The Mayor shall prescribe and provide to covered employers a notice explaining:

(A) The employees' right to paid-leave benefits under this subchapter and the terms under which such leave may be used;

(B) That retaliation by the covered employer against the covered employee for requesting, applying for, or using paid-leave benefits is prohibited;

(C) That an employee who works for a covered employer with under 20 employees shall not be entitled to job protection if he or she decides to take paid leave pursuant to this subchapter; and

(D) That the covered employee has a right to file a complaint and the procedures established by the Mayor for filing a complaint.

(2) The notice shall comply with subchapter II of Chapter 19 of Title 2.

(3) (3)Each covered employer shall, at the time of hiring and annually thereafter, and at the time the covered employer is aware that the leave is needed, provide this notice to each covered employee. Each covered employer shall also post and maintain the notice in a conspicuous place in English and in all languages in which the Mayor has published the notice.

(4) A covered employer who violates this notice requirement shall be assessed a civil penalty not to exceed $100 for each covered employee to whom individual notice was not delivered and $100 for each day that the covered employer fails to post the notice in a conspicuous place. No liability for failure to post notice will arise under this section if the Mayor has not prescribed the notice required by this section.

(j)(1) The Mayor shall conduct a public-education campaign, which shall be paid for out of the Universal Paid Leave Implementation Fund, to inform individuals of the benefits provided for in this subchapter; provided, that no more than 0.25% of annual revenue deposited into the Universal Paid Leave Implementation Fund shall be used for this purpose.

(2) The Mayor shall coordinate with the Office of Human Rights and other agencies the Mayor deems appropriate to create an awareness campaign for the paid-leave program established pursuant to this subchapter.

(3) All outreach information shall comply with subchapter II of Chapter 19 of Title 2.


(Apr. 7, 2017, D.C. Law 21-264, § 106, 64 DCR 2121.)

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 § 106 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) 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).


§ 32–541.07. Coordination of benefits.

(a)(1) To the extent practicable, an eligible individual shall provide written notice to his or her employer of the need for the use of paid-leave benefits provided in this subchapter before taking leave.

(2) The written notice shall include a reason for the absence involved, within the parameters of the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (Pub. L. No. 104-191; 110 Stat. 1936), and the expected duration of the paid leave.

(3) If the paid leave is foreseeable, the written notice shall be provided at least 10 days, or as early as possible, in advance of the paid leave.

(4) If the paid leave is unforeseeable, a notification, either oral or written, shall be provided before the start of the work shift for which the paid leave is being used.

(5) In the case of an emergency, the eligible individual, or another individual on behalf of the eligible individual, shall notify the eligible individual's employer, either orally or in writing, within 48 hours of the emergency occurring.

(6) Nothing in this subsection shall be construed to deny an eligible individual paid-leave benefits to which he or she is otherwise entitled pursuant to this subchapter.

(b) If paid leave taken pursuant to this subchapter also qualifies as protected leave pursuant to the Family and Medical Leave Act of 1993, approved February 5, 1993 (107 Stat. 6; 29 U.S.C. § 2601 et seq.), or D.C. FMLA, the paid leave taken pursuant to this subchapter shall run concurrently with, and not in addition to, leave taken under those other acts.

(c) Nothing in this subchapter shall be construed to provide job protection to any eligible individual beyond that to which an individual is entitled under D.C. FMLA.

(d) A covered employer may provide an eligible individual with leave benefits in addition to those provided by this subchapter; provided, that the provision of such benefits, including a paid-leave program, shall not exempt the covered employer from making contributions under § 32-541.03 or an eligible individual from receiving benefits pursuant to this subchapter.

(e) An eligible individual receiving benefits pursuant to part A of subchapter I of Chapter 1 of Title 51, shall not be eligible to receive the benefits provided for in this subchapter.

(f) If an eligible individual is receiving long-term disability payments, he or she shall not be eligible to receive the benefits provided for in this subchapter.

(g)(1) If an individual concurrently earns self-employment income and is a covered employee employed by a covered employer, the individual shall not be entitled to receive double payments.

(2) If the self-employed individual has opted into the paid-leave program established pursuant to this subchapter, his or her benefit payment amount shall be based on the combined wages from covered employment and self-employment.

(h) This subchapter shall not:

(1) Supersede any provision of law, collective-bargaining agreement, or other contract that provides paid-leave rights in addition to the rights established pursuant to this subchapter; or

(2) Prevent a covered employer from adopting or retaining a paid-leave policy that supplements or otherwise provides greater benefits than are required by this subchapter.

(i)(1) An individual's right to benefits provided for in this subchapter shall not be diminished by a collective-bargaining agreement or other contract entered into or renewed after December 31, 2017.

(2) An individual's right to benefits provided for in this subchapter shall not be diminished by an employer policy.

(3) Any agreement by an individual to waive his or her rights under this subchapter is void as against public policy.


(Apr. 7, 2017, D.C. Law 21-264, § 107, 64 DCR 2121.)

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 § 107 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) 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).


§ 32–541.08. Appeals.

(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.

(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.)

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) 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).


§ 32–541.09. Erroneous payments and disqualification for benefits.

(a) An individual who intentionally makes a false statement or misrepresentation regarding a material fact, or who intentionally fails to report a material fact, to obtain a benefit under this subchapter is disqualified from receiving paid-leave benefits under this subchapter for a period of 3 years.

(b) If paid-leave benefits provided for in this subchapter are paid erroneously or as a result of willful misrepresentation, or if a claim for paid-leave benefits is rejected after benefits are paid, the Mayor shall seek repayment of benefits from the recipient; provided, that the Mayor may exercise his or her discretion to waive, in whole or in part, the amount of any such payments when the recovery would be against equity and good conscience.

(c)(1) If the Mayor obtains repayment of benefits from an individual who has made a willful misrepresentation or otherwise perpetrated fraud to obtain paid-leave benefits provided for in this subchapter, the Mayor shall distribute a proportional share of the recovered amount to each covered employer who paid into the Universal Paid Leave Implementation Fund on behalf of that individual during the period that he or she improperly obtained benefits.

(2) For the purposes of paragraph (1) of this subsection, a covered employer's proportional share of the recovered amount shall be equal to the amount paid into the Universal Paid Leave Implementation Fund by that covered employer on behalf of the individual during the period that he or she improperly obtained benefits, expressed as a percentage of the total amount paid into the Universal Paid Leave Implementation Fund by all covered employers on behalf of the individual during the period that he or she improperly obtained benefits.


(Apr. 7, 2017, D.C. Law 21-264, § 109, 64 DCR 2121.)

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 § 109 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) 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).


§ 32–541.10. Prohibited acts.

(a) It shall be unlawful for any person to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided by this subchapter.

(b) It shall be unlawful for an employer to retaliate in any manner against any person because the person:

(1) Opposes any practice made unlawful by this subchapter;

(2) Pursuant to or related to this subchapter:

(A) Files or attempts to file a charge;

(B) Institutes or attempts to institute a proceeding;

(C) Facilitates the institution of a proceeding; or

(D) Requests, applies for, or uses paid-leave benefits; or

(3) Gives any information or testimony in connection with an inquiry or proceeding related to this subchapter.

(c) It shall be unlawful for any individual to provide intentionally false statements in order to obtain paid-leave benefits.


(Apr. 7, 2017, D.C. Law 21-264, § 110, 64 DCR 2121.)

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 § 110 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) 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).


§ 32–541.11. Investigative authority.

(a) An employer shall develop, maintain, and make available to the Mayor records regarding the employer's activities related to this subchapter that the Mayor may prescribe by rule.

(b) To ensure compliance with the provisions of this subchapter, the Mayor, consistent with constitutional guidelines, may:

(1) Investigate and gather data regarding any wage, hour, condition, or practice of employment related to this subchapter; and

(2) Enter or inspect any place of employment or record required by this subchapter after written notice has been given.

(c) For the purpose of any investigation provided for in this section, the Mayor may exercise the subpoena authority provided in § 1-301.21.


(Apr. 7, 2017, D.C. Law 21-264, § 111, 64 DCR 2121.)

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 § 111 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) 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).


§ 32–541.12. Enforcement by civil action.

(a) Subject to the provisions in subsection (b) of this section, an eligible individual, the Attorney General of the District of Columbia, or the Mayor may bring a civil action against any employer to enforce the provisions of this subchapter in any court of competent jurisdiction.

(b)(1) No civil action may be commenced more than one year after the occurrence or discovery of the alleged violation of this subchapter.

(2) This one-year limitations period shall be tolled during the course of any administrative proceedings or during any period when a covered employer has failed to comply with the notice provisions of this subchapter.

(c) If a court determines that an employer violated any provision of this subchapter, § 32-509(b)(6) and (7) shall apply.


(Apr. 7, 2017, D.C. Law 21-264, § 112, 64 DCR 2121.)

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 § 112 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) 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).


Subchapter V. Universal Paid Leave Implementation Fund.

§ 32–551.01. Universal Paid Leave Implementation Fund.

(a) There is established as a special fund the Universal Paid Leave Implementation Fund ("Fund"), which shall be administered by the Chief Financial Officer in accordance with subsections (b), (c), (d), (e), (f), (g), (h), (i), and (m) of this section.

(b) Money in the Fund shall be used to fund the implementation of subchapter IV of this chapter, which shall include paying for benefits, public education, and administrative costs required pursuant to subchapter IV of this chapter; provided, that no more than 10% of the funds deposited into the Fund shall be used to pay for the administration of subchapter IV of this chapter for each fiscal year.

(b-1)(1) Notwithstanding subsections (b) and (f) of this section, during the COVID-19 emergency, no more than $500,000 of the money in the Fund may be used for activities related to enforcement of the paid public health emergency leave requirement contained in § 32-502.01.

(2) For the purposes of this subsection, "COVID-19 emergency" means the emergencies declared in the Declaration of Public Emergency (Mayor's Order 2020-045) together with the Declaration of Public Health Emergency (Mayor's Order 2020-046), declared on March 11, 2020, including any extension of those declared emergencies.

(c)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of the fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(d) There shall be deposited into the Fund $20,039,000 of local funds in Fiscal Year 2016.

(e) Revenue from the following sources shall be deposited into the Fund:

(1) Monies collected pursuant to § 32-541.03;

(2) Annual appropriations, if any;

(3) Interest earned upon the money in the Fund; and

(4) All other money received for the Fund from any other source.

(f) Money in the Fund may not be used other than for the purposes of the paid-leave program established pursuant to subchapter IV of this chapter.

(g) Beginning with October 1, 2017, and quarterly thereafter, the Chief Financial Officer of the District of Columbia shall certify the balance of the Fund.

(h) Claims paid pursuant to subchapter IV of this chapter shall not be administered from the Fund until:

(1) At least one year after April 7, 2017; and

(2) After the Chief Financial Officer of the District of Columbia certifies that the Fund will remain solvent for at least one year after claims have begun to be paid from the Fund.

(i) The balance in the Fund shall not fall below the equivalent of 9 months of benefits provided pursuant to subchapter IV of this chapter, at any time during a fiscal year. If the Chief Financial Officer determines that the balance in the Fund will fall below the equivalent of 9 months of benefits during a fiscal year, the Chief Financial Officer shall promptly notify the Mayor and the Council and present a plan, including recommended legislative changes, if any, to address the shortfall. If the balance in the Fund falls below the equivalent of 6 months of benefits, the District shall immediately cease any further payments of benefits. If payment of benefits is ceased in accordance with this section, payment of benefits shall not resume until the Fund balance is equal to the equivalent of 12 months of benefits.

(j) By December 30, 2017, the Mayor, in coordination with the Office of the Chief Financial Officer, shall provide an update to the Council as to the funds that have thus far been deposited into the Fund and the expected timeline for beginning to make payment of claims under subchapter IV of this chapter.

(k) By October 1, 2018, and annually thereafter, the Mayor shall submit a report to the Council about the financial management, claim management, operation, and use of the Fund and the paid-leave program established pursuant to subchapter IV of this chapter.

(l) By October 1 of the year following the first 3 full years of implementation of subchapter IV of this chapter, the Chief Financial Officer shall review the status of the Fund and compare that status against original projections. If the Fund is running an annual surplus, the Chief Financial Officer shall issue a report to the Council that outlines options for bringing the Fund's annual revenues and expenditures into balance, including a reduction in the employer contribution rate and changes to benefits under the paid-leave program established pursuant to subchapter IV of this chapter.

(m) After benefits begin to be paid pursuant to subchapter IV of this chapter, no funds from any contingency fund or any other local funds shall be transferred to the Fund to be used for the paid-leave program established pursuant to subchapter IV of this chapter.


(Oct. 8, 2016, D.C. Law 21-160, § 1152, 63 DCR 10775; Apr. 7, 2017, D.C. Law 21-264, § 203, 64 DCR 2121; June 8, 2020, D.C. Act 23-328, § 105(b), 67 DCR 7598.)

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 change made to this section by § 203 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) 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).