§ 1–612.05. Paid Family and Medical Leave Supplemental Bank.

(a) There is established within the District government the Paid Family and Medical Leave Supplemental Bank, which shall consist of hours of leave from the following sources deposited in accordance with § 1-612.06 and rules promulgated by the Mayor pursuant to § 1-612.11:

(1) Annual, restored, or universal leave an employee accrued or accumulated and voluntarily contributed to the PFML Bank;

(2) Annual, restored, or universal leave an employee accrued or accumulated and voluntarily contributed to the PFML Bank for use by a specific leave recipient; and

(3) Annual or universal leave that an employee may not carry over to the following leave year pursuant to § 1-612.03(h) or § 1-610.61(a)(5).

(b) The Department of Human Resources shall administer the PFML Bank.

(c) The PFML Bank Administrator shall maintain an overall accounting of deposits and withdrawals to and from the PFML Bank.

(d) An eligible employee may receive leave from the PFML Bank when:

(1) The employee:

(A) Is absent from work due to a qualifying medical leave event or qualifying family leave event; or

(B) Provides certification from a physician or other licensed healthcare professional of an upcoming or existing qualifying medical leave event or qualifying family leave event; and

(2) The employee has exhausted accrued annual leave and sick leave, compensatory time, paid family leave, paid medical leave, universal leave, or paid donor leave provided under this chapter, to the extent such other leave is available for the purpose for which the employee seeks to use leave from the PFML Bank.

(e) The PFML Bank Administrator may enter written agreements with the Council, independent agencies, and subordinate agencies with independent personnel authority to facilitate eligible employees' access to and use of leave from the PFML Bank, including agreements to allow employees not eligible to accrue annual or sick leave pursuant to § 1-612.03(a) or universal leave pursuant to § 1-610.61(a)(2) to contribute and withdraw leave from the PFML Bank.

(f) A leave recipient may receive a maximum of 8 workweeks of leave from the PFML Bank during any 12-month period. Any unused withdrawn leave after the 12-month period shall become the property of the PFML Bank for use by other leave recipients.

(g)(1) During the period in which transferred leave is being used, the leave recipient shall not accrue annual or sick leave.

(2) Leave taken using leave transferred from the PFML Bank shall count against the 16 workweeks of family leave or medical leave provided under §§ 32-502 and 32-503.

(Mar. 3, 1979, D.C. Law 2-139, § 1205; as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159; June 10, 1998, D.C. Law 12-124, § 101(o)(4), 45 DCR 2464; Dec. 21, 2022, D.C. Law 24-212, § 2(e), 69 DCR 13950.)

Prior Codifications

1981 Ed., § 1-613.5.

Section References

This section is referenced in § 1-612.04.

Applicability

Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.

Editor's Notes

Applicability of § 101(o)(4) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.