Code of the District of Columbia

§ 32–541.08. Appeals.

*NOTE: This section includes amendments by temporary legislation that will expire on March 11, 2022. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

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

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

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

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

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

(f) Notwithstanding any other provision of this subchapter:

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

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