Code of the District of Columbia

Subchapter V. Universal Paid Leave Implementation Fund.


§ 32–551.01. Universal Paid Leave Fund.

*NOTE: This section includes amendments by emergency legislation that will expire on September 5, 2021. To view the text of this section after the expiration of all emergency and/or temporary legislation, click this link: Permanent Version.*

(a) There is established as a special fund the Universal Paid Leave 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:

(1) Pay benefits provided under subchapter IV of this chapter; and

(2) Fund the Universal Paid Leave Administration Fund established pursuant to § 32-551.02(a) in the following amounts:

(A) No more than 8.75% of money in the Fund for the purposes described in § 32-551.02(c)(1);

(B) No more than .75% of the money in the Fund for the purposes described in § 32-551.02(c)(2); and

(C) No more than 0.5% of the money in the Fund for the purposes described in § 32-551.02(c)(3).

(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; Dec. 3, 2020, D.C. Law 23-149, § 2142(b), 67 DCR 10493; June 7, 2021, D.C. Act 24-96, § 105(b), 0 DCR 0.)

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) amendment of this section, see § 105(b) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 105(b) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).

For temporary (90 days) amendment of this section, see § 104(b) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).

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).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 105(b) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).


§ 32–551.02. Universal Paid Leave Administration Fund.

(a) There is established as a special fund the Universal Paid Leave Administration Fund ("Fund"), which shall be administered by the Department of Employment Services ("DOES") in accordance with subsections (c), (d), (e), and (f) of this section.

(b) Pursuant to § 32-551.01(b)(2), amounts appropriated from the Universal Paid Leave Fund annually for the purposes described in subsection (c) of this section shall be deposited in the Fund.

(c) Money in the Fund shall be used for the following purposes:

(1) Administration of the Act by DOES, including public education pursuant to § 32-541.06(j); provided, that no more than 6% of the money appropriated annually for administration may be used for public education and of those public education funds, at least $500,000 shall be used to fund the Workplace Leave Navigators Program established pursuant to § 32-561.02;

(2) Enforcement of § 32-541.08(e) and § 32-541.10(a) and (b) by the Office of Human Rights, which may include education and outreach on individuals' rights under subchapter IV of this chapter; and

(3) Hearing of appeals of claim determinations by the Office of Administrative Hearings, pursuant to § 32-541.08(a), and (b), and and (c).

(d) Beginning no later than October 1, 2020, and by October 1 annually thereafter, DOES shall execute a Memorandum of Understanding with the Office of Human Rights for the intradistrict transfer of funds appropriated, pursuant to subsection (c)(2) of this section, for enforcement; provided, that DOES shall transfer funds appropriated for enforcement to the Office of Human Rights no later than October 2 of any year even if the agencies fail to execute a Memorandum of Understanding by October 1 of that year.

(e) Beginning no later than October 1, 2020 and by October 1 annually thereafter, DOES shall execute a Memorandum of Understanding with the Office of Administrative Hearings for the intradistrict transfer of funds appropriated, pursuant to subsection (c)(3) of this section, for hearing of appeals of claim determinations; provided, that DOES shall transfer funds appropriated for hearing of appeals of claim determinations to the Office of Administrative Hearings no later than October 2 of any year even if the agencies fail to execute a Memorandum of Understanding by October 1 of that year.

(f) Money deposited into the Fund but not expended in a fiscal year shall revert to the Universal Paid Leave Fund, established pursuant to § 32-551.01.


(Oct. 8, 2016, D.C. Law 21-160, § 1153; as added Dec. 3, 2020, D.C. Law 23-149, § 2142(c), 67 DCR 10493.)


§ 32–551.03. Definitions.

For the purposes of this subchapter, the term "Act" means subchapter IV of this chapter.


(Oct. 8, 2016, D.C. Law 21-160, § 1151a; as added Dec. 3, 2020, D.C. Law 23-149, § 2142(a), 67 DCR 10493.)