Chapter 1A. Employee Sick Leave. [Recodified]

§ 32–131.01. Definitions.

(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.)

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 chapter 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 20-89, § 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).

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 Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884).

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 20-157, § 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 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 Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-293, Jan. 27, 2016, 63 DCR 1215).

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) 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).

Editor's Notes

Applicability of D.C. Law 20-157: Section 6(a) of D.C. Law 21-266 repealed section 7 of D.C. Law 20-157.

§ 32–131.02. Provision of paid leave.

Recodified as § 32-531.02

(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.)

Section References

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

Effect of Amendments

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.”

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

Emergency Legislation

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

§ 32–131.03. Notification.

Recodified as § 32-531.03

§ 32–131.04. Certification.

Recodified as § 32-531.04

§ 32–131.05. Current paid leave policies.

Recodified as § 32-531.05

§ 32–131.06. Effect on existing employment benefits.

Recodified as § 32-531.06

(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.)

Effect of Amendments

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

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).

Emergency Legislation

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).

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).

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).

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).

§ 32–131.07. Encouragement of more generous paid leave policies.

Recodified as § 32-531.07

§ 32–131.08. Prohibited acts.

Recodified as § 32-531.08

(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.)

Section References

This section is referenced in § 32-131.02.

Effect of Amendments

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

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).

Emergency Legislation

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

§ 32–131.09. Posting requirement.

Recodified as § 32-531.09

(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.)

Section References

This section is referenced in § 32-131.12.

Effect of Amendments

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,”.

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

Emergency Legislation

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

§ 32–131.10. Administration.

Recodified as § 32-531.10

§ 32–131.10a. Statute of limitations.

Recodified as § 32-531.10a

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

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

Emergency Legislation

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).

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 20-157, § 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).

Temporary Legislation

§ 32–131.10b. Employer Records.

Recodified as § 32-531.10b

(May 13, 2008, D.C. Law 17-152, § 11b; as added Feb. 22, 2014, D.C. Law 20-89, § 2(f), 61 DCR 317.)

Effect of Amendments

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

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4(a) of 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) amendment 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) 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

Editor's Notes

Section 5 of D.C. Law 21-266 provided that all rules, forms, and regulations issued pursuant to the Wage Theft Prevention Amendment Act of 2014, effective February 26, 2015 (D.C. Law 20-157; 61 DCR 10157), and any rules, forms, and regulations issued pursuant to any like succeeding emergency and temporary acts, includingthe Wage Theft Prevention Clarification Temporary Amendment Act of 2016, effective April 6, 2016 (D.C. Law 21-101; 63 DCR 2220), and the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2016, effective November 30, 2016 (D.C. Law 21-170; 63 DCR 12600), shall continue in effect according to their terms until lawfully amended, repealed, or superseded.

§ 32–131.11. Effect on other laws.

Recodified as § 32-531.11

§ 32–131.12. Penalties.

Recodified as § 32-531.12

(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.)

Effect of Amendments

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

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).

Emergency Legislation

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

§ 32–131.13. Rules.

Recodified as § 32-531.13

(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.)

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 20-89, § 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

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).

§ 32–131.14. Hardship exemption.

Recodified as § 32-531.14

§ 32–131.15. Report by the District of Columbia Auditor.

Recodified as § 32-531.15

(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.)

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 implemented.

Emergency Legislation

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

§ 32–131.15a. Public education and outreach.

Recodified as § 32-531.15a

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

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 20-89, § 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).

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).

Temporary Legislation

§ 32–131.16. Applicability.

Recodified as § 32-531.16

§ 32–131.17. Appropriations contingency.

Recodified as § 32-531.17