§ 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.