Chapter 5. Leave from Work.
Subchapter I. Family and Medical Leave.
§ 32–501. Definitions.
For purposes of this chapter, the term:
(1) "Employee" means:
(A) For leave provided under §§ 32-502 or 32-503, an individual who has:
(i) Been employed by the same employer for at least 12 consecutive or non-consecutive months, inclusive of holiday, sick, or personal leave granted by the employer as part of its regular benefits whether such leave was paid or unpaid, in the 7 years immediately preceding the date on which the period of family or medical leave is to commence; and
(ii) Worked at least 1,000 hours for the employer during the 12-month period referenced in sub-subparagraph (i) of this paragraph preceding the date on which the period of family or medical leave is to commence.
(B) For leave provided under section 3a [temporary law § 32-502.01], an individual employed bay [by] an employer for at least 30 days prior to the request for leave.
(2) “Employer” means any individual, firm, association, or corporation, any receiver or trustee of any individual firm, association, or corporation, or the legal representative of a deceased employer, including the District of Columbia (“District”) government, who uses the services of another individual for pay in the District.
(3) “Employment benefit” means any benefit, other than salary or wages, provided or made available to an employee by an employer, including, but not limited to, group life, health, and disability insurance, sick and annual leave, and educational and pension benefits, regardless of whether the benefit is provided by a policy or practice of an employer or by an employee welfare benefit plan as defined in title 1, subtitle A, section 3(3) of the Employee Retirement Income Security Act of 1974, effective September 2, 1974 (88 Stat. 833; 29 U.S.C. 1002(1)).
(4) “Family member” means:
(A) A person to whom the employee is related by blood, legal custody, or marriage;
(B) A child who lives with an employee and for whom the employee permanently assumes and discharges parental responsibility;
(C) A person with whom the employee shares or has shared, within the last year, a mutual residence and with whom the employee maintains a committed relationship; or
(D) A foster child.
(5) “Health care provider” means any person licensed under federal, state, or District law to provide health care services.
(6) “Public safety agency” means the Metropolitan Police Department of the District of Columbia, the Fire Department of the District of Columbia, or the Department of Corrections.
(7) “Mayor” means Mayor of the District of Columbia.
(8) “Reduced leave schedule” means leave scheduled for a fewer number of hours than an employee usually works during each workweek or workday.
(9) “Serious health condition” means a physical or mental illness, injury, or impairment that involves:
(A) Inpatient care in a hospital, hospice, or residential health care facility; or
(B) Continuing treatment or supervision at home by a health care provider or other competent individual.
(10) “Local educational agency” shall have the same meaning as the term has in section 1471(12) of the Elementary and Secondary Education Act of 1965, approved April 28, 1988 (102 Stat. 201; 20 U.S.C. 2891(12)) [omitted].
§ 32–502. Family leave requirement.
(a) An employee shall be entitled to a total of 16 workweeks of family leave during any 24-month period for:
(1) The birth of a child of the employee;
(2) The placement of a child with the employee for adoption or foster care;
(3) The placement of a child with the employee for whom the employee permanently assumes and discharges parental responsibility; or
(4) The care of a family member of the employee who has a serious health condition.
(b) The entitlement to family leave under subsection (a)(1) through (3) of this section shall expire 12 months after the birth of the child or placement of the child with the employee.
(c) Subject to the requirements of subsection (h) of this section, in the case of a family member who has a serious health condition, the family leave may be taken intermittently when medically necessary.
(d) Upon agreement between the employer and the employee, family leave may be taken on a reduced leave schedule, during which the 16 workweeks of family leave may be taken over a period not to exceed 24 consecutive workweeks.
(e)(1) Except as provided in paragraphs (2) and (3) of this subsection, family leave may consist of unpaid leave.
(2) Any paid family, vacation, personal, or compensatory leave provided by an employer that the employee elects to use for family leave shall count against the 16 workweeks of allowable family leave provided in this chapter.
(3) If an employer has a program that allows an employee to use the paid leave of another employee under certain conditions, and the conditions have been met, the employee may use the paid leave as family leave and the leave shall count against the 16 workweeks of family leave provided in this chapter.
(4) Nothing in this section shall require an employer to provide paid family leave.
(f) If the necessity for leave under this section is foreseeable based on an expected birth or placement of a child with an employee, the employee shall provide the employer with reasonable prior notice of the expected birth or placement of a child with the employee.
(g) If the necessity for family leave under this section is foreseeable based on planned medical treatment or supervision, an employee shall:
(1) Provide the employer with reasonable prior notice of the medical treatment or supervision; and
(2) Make a reasonable effort to schedule the medical treatment or supervision, subject to the approval of the health care provider of the employee or family member, in a manner that does not disrupt unduly the operations of the employer.
(h)(1) If 2 family members are employees of the same employer:
(A) The employer may limit to 16 workweeks during a 24-month period the aggregate number of family leave workweeks to which the family members are entitled; and
(B) The employer may limit to 4 workweeks during a 24-month period the aggregate number of family leave workweeks to which the family members are entitled to take simultaneously.
(2) For the purposes of this subsection, the term “same employer” includes an office, division, subdivision, or other organizational section of an employer in which both employees have the same or interrelated duties and the absence of both employees would disrupt unduly the conduct of the employer’s business.
(i)(1) Information that an employee gives to an employer regarding a family relationship, pursuant to which the employee seeks to take family leave under this section, shall be used only to make a decision in regard to the provisions of this chapter. An employer shall keep any information regarding the family relationship confidential.
(2) Any employer who willfully violates this subsection shall be assessed a civil penalty of $1,000 for each offense.
§ 32–503. Medical leave requirement.
(a) Subject to the provisions of § 32-504, any employee who becomes unable to perform the functions of the employee’s position because of a serious health condition shall be entitled to medical leave for as long as the employee is unable to perform the functions, except that the medical leave shall not exceed 16 workweeks during any 24-month period. The medical leave may be taken intermittently when medically necessary.
(b)(1) Except as provided in paragraphs (2) through (4) of this subsection, medical leave may consist of unpaid leave.
(2) Any paid medical or sick leave provided by an employer that the employee elects to use for medical leave shall count against the 16 workweeks of allowable medical leave under this chapter.
(3) If an employer and employee agree that an employee may use paid vacation, personal, or compensatory leave as medical leave, the paid vacation, personal, or compensatory leave shall count against the 16 workweeks of medical leave provided in this chapter.
(4) If an employer has a program that allows an employee to use the paid leave of another employee under certain conditions, and the conditions have been met, the employee may use the paid leave as medical leave and the leave shall count against the 16 workweeks of medical leave provided in this chapter.
(c) If the need for medical leave is foreseeable based on planned medical treatment or supervision, the employee shall:
(1) Provide the employer with prior reasonable notice of the medical treatment or supervision; and
(2) Make a reasonable effort to schedule the medical treatment or supervision, subject to the approval of the health care provider of the employee, in a manner that does not disrupt unduly the operations of the employer.
§ 32–504. Certification.
(a) An employer may require that a request for family leave under § 32-502(a)(4) or medical leave under § 32-503 be supported by a certification issued by the health care provider of the employee or family member. The employee shall provide a copy of the certification to the employer.
(b) The certification provided by the employee to the employer shall state:
(1) The date on which the serious health condition commenced;
(2) The probable duration of the condition;
(3) The appropriate medical facts within the knowledge of the health care provider that would entitle the employee to take leave under this chapter; and
(4)(A) For purposes of medical leave under § 32-503, a statement that the employee is unable to perform the functions of the employee’s position; or
(B) For purposes of family leave under § 32-502(a)(4), an estimate of the amount of time that the employee is needed to care for the family member.
(c) For the purposes of § 32-505(c), the employer may request that certification issued in any case involving medical leave under § 32-503 include an explanation of the extent to which the employee is unable to perform the functions of the employee’s position.
(d)(1) If the employer has reason to doubt the validity of the certification provided under subsection (a) of this section, the employer may require that the employee obtain, at the expense of the employer, the opinion of a 2nd health care provider approved by the employer, in regard to any information required to be certified under subsection (b) of this section.
(2)(A) If the 2nd opinion provided under this subsection differs from the original certification provided under subsection (a) of this section, the employee may obtain the opinion of a 3rd health care provider mutually agreed upon by the employer and the employee, in regard to any information required to be certified under subsection (b) of this section. The employer shall pay the cost of the opinion of the 3rd health care provider.
(B) The opinion of the 3rd health care provider in regard to the information certified under subsection (b) of this section shall be final and binding on the employer and employee.
(e) Any health care provider approved or mutually agreed upon under subsection (d)(1) or (2) of this section may not be retained on a regular basis by the employer or employee or otherwise bear a close relationship to the employer or employee that would give the appearance that the certification is biased.
(f) The employer may require that the employee obtain subsequent recertifications on a reasonable basis.
(g)(1) Certification information requested under this section shall be used only to make a decision in regard to the provisions of this chapter. An employer shall keep any medical information obtained from a certification request confidential.
(2) Any employer who willfully violates this subsection shall be assessed a civil penalty of $1,000 for each offense.
§ 32–505. Employment and benefits protection.
(a) Any employee who takes family or medical leave under this chapter shall not lose any employment benefit or seniority accrued before the date on which the family or medical leave commenced.
(b)(1) During any period in which an employee takes family or medical leave under § 32-502 or § 32-503, the employer shall maintain coverage under any group health plan, as defined in section 5000(b) of the Internal Revenue Code of 1986, approved October 21, 1986 (100 Stat. 2012; 26 U.S.C. 5000(b)), except that for the purposes of this chapter, the term “group health plan” shall include a group health plan provided by the District of Columbia government. The employer shall maintain coverage for the duration of the family or medical leave at the same level and under the same conditions that coverage would have been provided if the employee had continued in employment from the date the employee commenced the family or medical leave until the date the employee was restored to employment pursuant to subsection (d) of this section.
(2) An employer may require the employee to continue to make any contribution to a group health plan that the employee would have made if the employee had not taken family or medical leave. If an employee is unable or refuses to make the contribution to the group health plan, the employee shall forfeit the health plan benefit until the employee is restored to employment pursuant to subsection (d) of this section and resumes payment to the plan.
(c)(1) Nothing in this chapter shall prohibit an employer and an employee with a serious health condition from agreeing mutually to alternative employment for the employee throughout the duration of the serious health condition of the employee. Any period of alternative employment shall not cause a reduction in the amount of family or medical leave to which the employee is entitled under § 32-502 or § 32-503.
(2) When the employee who agreed to alternative employment is able to perform the functions of the employee’s original position, the employee shall be restored to the original position pursuant to subsection (d) of this section.
(d) Except as provided in subsection (f) of this section, upon return from family or medical leave taken pursuant to § 32-502 or § 32-503, the employee shall be:
(1) Restored by the employer to the position of employment held by the employee when the family or medical leave commenced; or
(2) Restored to a position of employment equivalent to the position held by the employee when the family or medical leave commenced that includes equivalent employment benefits, pay, seniority, and other terms and conditions of employment.
(e) Except as provided in subsection (b) of this section, nothing in this section shall entitle an employee restored by an employer to a position of employment to:
(1) The accrual of any seniority or employment benefit during any period of family or medical leave; or
(2) Any right, employment benefit, or position of employment other than any right, employment benefit, or position of employment to which the employee would have been entitled had the employee not taken the family or medical leave.
(f)(1) Except as provided in paragraph (2) of this subsection, an employer in the District may deny restoration of employment to a salaried employee if the employee is among the 5 highest paid employees of an employer of fewer than 50 persons or among the highest paid 10% of employees of an employer of 50 or more persons and the following conditions are met:
(A) The employer demonstrates that denial of restoration of employment is necessary to prevent substantial economic injury to the employer’s operations and the injury is not directly related to the leave that the employee took pursuant to this chapter; and
(B) The employer notifies the employee of the intent to deny restoration of employment and the basis for the decision at the time the employer determines denial of restoration of employment is necessary.
(2) The condition in paragraph (1)(A) of this subsection shall not apply if the following conditions have been met:
(A) The employer is under a contract to provide work or services and the absence of the employee prohibits the employer from completing the contract in accordance with the terms of the contract;
(B) Failure to complete the contract will cause substantial economic injury to the employer; and
(C) After the employer made reasonable attempts, the employer failed to find a temporary replacement for the employee.
§ 32–506. School employees.
(a) If the conditions in subsection (b) of this section are met, a local educational agency (“educational agency”) or private elementary or secondary school (“school”) may require an employee who is employed principally in an instructional capacity to elect to:
(1) Take the family or medical leave for periods of particular duration not to exceed the planned medical treatment or supervision; or
(2) Transfer temporarily to an available alternative position offered by the educational agency or school for which the employee is qualified, which has equivalent pay and benefits, and better accommodates the recurring periods of leave than the employee’s regular employment position.
(b) The provisions of subsection (a) of this section shall apply if the employee described in subsection (a) of this section:
(1) Elects to take family leave pursuant to § 32-502(a)(4) or medical leave pursuant to § 32-503 that is foreseeable based on planned medical treatment or supervision;
(2) Would be on leave for greater than 20% of the total number of working days in the period during which leave would extend; and
(3) Complies with § 32-502(g) or § 32-503(c).
(c)(1) If an employee of an educational agency or school who is employed principally in an instructional capacity begins family or medical leave more than 5 weeks before the end of the academic term, the educational agency or school may require the employee to continue to take leave until the end of the term if:
(A) The leave is at least 3 weeks in duration; and
(B) The return to employment would occur during the 3-week period before the end of the academic term.
(2) If the employee described in paragraph (1) of this subsection begins leave under § 32-502 or § 32-503 during the period that commences from more than 3 weeks and up to and including 5 weeks before the end of the academic term, the educational agency or school may require the employee to continue to take leave until the end of the term if:
(A) The leave is greater than 2 weeks in duration; and
(B) The return to employment would occur during the 2-week period before the end of the academic term.
(3) If the employee described in paragraph (1) of this subsection begins leave under § 32-502 or § 32-503 during the period that commences 3 weeks or less before the end of the academic term and the duration of the leave is greater than 5 working days, the educational agency or school may require the employee to continue to take leave until the end of the term.
(d) For purposes of a restoration of employment determination under § 32-505(d)(2), in the case of an educational agency or school, the determination shall be made on the basis of established school board or private school policies and practices and collective bargaining agreements.
§ 32–507. Prohibited acts.
(a) It shall be unlawful for any person to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided by this chapter.
(b) It shall be unlawful for an employer to discharge or discriminate in any manner against any person because the person:
(1) Opposes any practice made unlawful by this chapter;
(2) Pursuant or related to this chapter:
(A) Files or attempts to file a charge;
(B) Institutes or attempts to institute a proceeding; or
(C) Facilitates the institution of a proceeding; or
(3) Gives any information or testimony in connection with an inquiry or proceeding related to this chapter.
§ 32–508. Investigative authority.
(a) An employer shall develop, maintain, and make available to the Mayor records regarding the employer’s activities related to this chapter that the Mayor may prescribe by rule.
(b) To ensure compliance with the provisions of this chapter, the Mayor, consistent with constitutional guidelines, may:
(1) Investigate and gather data regarding any wage, hour, condition, or practice of employment related to this chapter; and
(2) Enter or inspect any place of employment or record required by this chapter.
(c) For the purpose of any investigation provided for in this section, the Mayor may exercise the subpoena authority provided in § 1-301.21.
§ 32–509. Administrative enforcement procedure; relief.
(a) The Mayor shall provide an administrative procedure pursuant to which a person claimed to be aggrieved under this chapter may file a complaint against an employer alleged to have violated this chapter. A complaint shall be filed within 1 year of the occurrence or discovery of the alleged violation of this chapter.
(b) The administrative procedure shall include, but not be limited to:
(1) An investigation of the complaint and an attempt to resolve the complaint by conference, conciliation, or persuasion;
(2) If the complaint is not resolved, a determination on the existence of probable cause to believe a violation of this chapter has occurred;
(3) If there is a determination that probable cause exists, the issuance and service of a written notice and a copy of the complaint to the employer alleged to have committed the violation that requires the employer to answer the charges of the complaint at a formal hearing;
(4) A hearing conducted in accordance with procedures that the Mayor shall promulgate pursuant to subchapter I of Chapter 5 of Title 2;
(5) A decision and order accompanied by findings of fact and conclusions of law;
(6) If there is a determination that an employer committed a violation of this chapter, the issuance of an order that requires the employer to pay the employee damages in an amount equal to:
(A) Any wages, salary, employment benefits, or other compensation denied or lost to the employee due to the violation plus interest on the amount calculated at the rate prescribed in § 28-3302(b) or (c); and
(B) An amount equal to the greater of:
(i) The amount determined under subparagraph (A) of this paragraph; or
(ii) Consequential damages not to exceed an amount equal to 3 times the amount determined under subparagraph (A) of this paragraph plus any medical expenses not covered by the health insurance of the employee; or
(C) A reduction in damages, within the discretion of the trier of fact, for an employer who violates this chapter and proves that the violation occurred in good faith and that the employer had reasonable grounds to believe that the employer’s action or omission was not in violation of this chapter; and
(7) A provision that authorizes the award of costs and reasonable attorney’s fees to the prevailing party in addition to other relief awarded under this chapter.
(c) Any person who is adversely affected or aggrieved by an order or decision issued pursuant to subsection (b) of this section is entitled to judicial review of the order or decision in accordance with § 2-510, upon filing a written petition for review in the District of Columbia Court of Appeals.
(d)(1) If the Mayor determines that the employer has not complied with an order after 20 days following service of the order, the Mayor shall certify the matter to the Corporation Counsel and to any other agency as may be appropriate for enforcement.
(2) The Corporation Counsel shall institute, in the name of the District, a civil proceeding that may include seeking injunctive relief, as is necessary to obtain complete compliance with the order.
(3) An enforcement action shall not be instituted pending judicial review as provided in subsection (c) of this section.
(e) The entire administrative enforcement procedure outlined in subsections (a) and (b) of this section, including the formal hearing, shall take no longer than 150 days to complete from the date the complaint is filed. If the Mayor fails to make a reasonable effort to comply with the deadline requirements of the administrative enforcement provisions prescribed by this subsection and the rules promulgated by the Mayor, the person who initiated the administrative enforcement procedure against the employer may file a civil action against the employer pursuant to § 32-510.
§ 32–510. Enforcement by civil action.
(a) Subject to the provisions in subsection (b) of this section, an employee or the Mayor may bring a civil action against any employer to enforce the provisions of this chapter in any court of competent jurisdiction.
(b) No civil action may be commenced more than 1 year after the occurrence or discovery of the alleged violation of this chapter; except, that this limitations period shall toll while a claim is pending administrative review under § 32-509(b).
(c) If a court determines that an employer violated any provision of this chapter, the damages provision prescribed in § 32-509(b)(6) and § 32-509(b)(7) shall apply.
§ 32–511. Notice.
(a) The Mayor shall devise, and an employer shall post and maintain in a conspicuous place, a notice that sets forth excerpts from or summaries of the pertinent provisions of this chapter and information that pertains to the filing of a complaint under this chapter.
(b) Any employer who willfully violates this section shall be assessed a civil penalty not to exceed $100 for each day that employer fails to post the notice.
§ 32–512. Effect on other laws.
Nothing in this chapter shall supersede any provision of law that provides greater employee family or medical leave rights than the family or medical rights established under this chapter.
§ 32–513. Effect on existing employment benefits.
(a) Nothing in this chapter shall diminish an employer’s obligation to comply with any collective bargaining agreement or any employment benefit program or plan that provides greater family or medical leave rights to an employee than the family or medical leave rights provided under this chapter.
(b) The rights provided to an employee under this chapter may not be diminished by any collective bargaining agreement or any employment benefit program or plan, except that this chapter shall not supersede any clause on family or medical leave in any collective bargaining agreement in force on October 3, 1990, for the time that the collective bargaining agreement is in effect.
(c) The rights provided to an employee under this chapter may be suspended temporarily for an employee of a public safety agency if the employee is required by rules or regulations of the agency or by the provisions of a collective bargaining agreement to return to duty because of an emergency declared by the agency head or the Mayor.
§ 32–514. Encouragement of more generous leave policies.
Nothing in this chapter shall be construed to discourage an employer from the adoption or retention of a family and medical leave policy more generous than the family and medical leave required by this chapter.
§ 32–515. Family and Medical Leave Commission established.
Expired.
§ 32–516. Applicability.
The rights and responsibilities established by this chapter shall apply:
(1) During the 3-year period beginning 180 days from October 3, 1990, to any employer who employs 50 or more persons in the District; and
(2) After the 3-year period beginning 180 days from October 3, 1990, to any employer who employs 20 or more persons in the District.
§ 32–517. Rules.
(a) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this chapter within 90 days from October 3, 1990. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period the proposed rules shall be deemed approved.
(b) The proposed rules shall include standards for:
(1) The definition of the term “family member”;
(2) The reasonable notice that an employee who seeks to take family or medical leave shall give to an employer; and
(3) The administrative enforcement procedure.
Subchapter II. Parental Leave.
§ 32–521.01. Definitions.
For purposes of this subchapter, the term:
(1) “Employer” means any individual, firm, association, corporation, the District of Columbia government, any receiver or trustee of any individual firm, association, or corporation, or the legal representative of a deceased employer, who uses the services of an individual (“employee”) for pay in the District.
(1A) “Employee” means any individual whose services are used for pay in the District by any of the entities provided for in paragraph (1) of this section.
(2) “Parent” means:
(A) The natural mother or father of a child;
(B) A person who has legal custody of a child;
(C) A person who acts as a guardian of a child regardless of whether he or she has been appointed legally as such;
(D) An aunt, uncle, or grandparent of a child; or
(E) A person who is married to, or in a domestic partnership with a person listed in subparagraphs (A) through (D) of this paragraph.
(3) “School-related event” means an activity sponsored by either a school or an associated organization such as a parent-teacher association. A school-related event includes: a student performance such as a concert, play, or rehearsal; the sporting game of a school team or practice; a meeting with a teacher or counselor; or any similar type of activity. A school-related event shall involve the parent’s child directly either as participant or subject but not as a spectator.
(4) “District of Columbia Emancipation Day” means April 16th of each year.
(5) “Domestic partnership” shall have the same meaning as provided in § 32-701(4).
§ 32–521.02. Amount of leave; denial; form; notice.
(a) Except as provided in this section, an employee who is a parent shall be entitled to a total of 24 hours leave during any 12 month period to attend or participate in a school-related event for his or her child.
(b) Except as provided in this section, an employee shall be entitled to a day of leave each year on April 16th, the District of Columbia Emancipation Day.
(c) An employer may deny the use of leave provided by subsections (a) and (b) of this section only if the granting of leave would disrupt the employer’s business and make the achievement of production or service delivery unusually difficult.
(d) The leave provided by this section may consist of unpaid leave unless the parent or employee elects to use any paid family, vacation, personal, compensatory, or leave bank leave that has been provided by the employer.
(e) An employee shall notify the employer of the desire for leave to attend a school-related event or to celebrate the District of Columbia Emancipation Day at least 10 calendar days in advance, unless, in the case of a school event, the need to attend the school-related event cannot be reasonably foreseen.
§ 32–521.03. Effect of leave on employment benefits or seniority.
An employee who takes leave pursuant to § 32-1202 shall not lose any employment benefit or seniority accrued before or during the date of such leave.
§ 32–521.04. Administrative enforcement procedure; relief.
(a) The Mayor shall provide an administrative procedure pursuant to which a person claimed to be aggrieved under this subchapter may file a complaint against an employer alleged to have violated this subchapter. A complaint shall be filed within 1 year of the occurrence or discovery of the alleged violation of this subchapter.
(b) The administrative procedure shall include, but not be limited to:
(1) An investigation of the complaint and an attempt to resolve the complaint by conference, conciliation, or persuasion;
(2) If the complaint is not resolved, a determination on the existence of probable cause to believe a violation of this subchapter has occurred;
(3) If there is a determination that probable cause exists, the issuance and service of a written notice and a copy of the complaint to the employer alleged to have committed the violation that requires the employer to answer the charges of the complaint at a formal hearing;
(4) A hearing conducted in accordance with procedures that the Mayor shall promulgate pursuant to subchapter I of Chapter 5 of Title 2;
(5) A decision and order accompanied by findings of fact and conclusions of law;
(6) If there is a determination that an employer committed a violation of this subchapter, the issuance of an order that requires the employer to pay the employee damages in an amount equal to:
(A) Any wages, salary, employment benefits, or other compensation denied or lost to the employee due to the violation plus interest on the amount calculated at the rate prescribed in § 28-3302(b) or (c);
(B) An amount equal to the greater of:
(i) The amount determined under subparagraph (A) of this paragraph; or
(ii) Consequential damages not to exceed an amount equal to 3 times the amount determined under subparagraph (A) of this paragraph plus any medical expenses not covered by the health insurance of the employee; and
(C) A reduction in damages, within the discretion of the trier of fact, for an employer who violates this subchapter and proves that the violation occurred in good faith and that the employer had reasonable grounds to believe that the employer’s action or omission was not in violation of this subchapter; and
(7) A provision that authorizes the award of costs and reasonable attorney’s fees to the prevailing party in addition to other relief awarded under this subchapter.
(c) Any person who is adversely affected or aggrieved by an order or decision issued pursuant to subsection (b) of this section is entitled to judicial review of the order or decision in accordance with § 2-510, upon filing a written petition for review in the District of Columbia Court of Appeals.
(d)(1) If the Mayor determines that the employer has not complied with an order after 20 days following service of the order, the Mayor shall certify the matter to the Corporation Counsel and to any other agency as may be appropriate for enforcement.
(2) The Corporation Counsel shall institute, in the name of the District, a civil proceeding that may include seeking injunctive relief, as is necessary to obtain complete compliance with the order.
(3) An enforcement action shall not be instituted pending judicial review as provided in subsection (c) of this section.
(e) The entire administrative enforcement procedure outlined in subsections (a) and (b) of this section, including the formal hearing, shall take no longer than 150 days to complete from the date the complaint is filed. If the Mayor fails to make a reasonable effort to comply with the deadline requirements of the administrative enforcement provisions prescribed by this subsection and the rules promulgated by the Mayor, the person who initiated the administrative enforcement procedure against the employer may file a civil action against the employer pursuant to § 32-1205.
§ 32–521.05. Enforcement by civil action.
(a) Subject to the provisions in subsection (b) of this section, an employee or the Mayor may bring a civil action against any employer to enforce the provisions of this subchapter in any court of competent jurisdiction.
(b) No civil action may be commenced more than 1 year after the occurrence or discovery of the alleged violation of this subchapter.
(c) If a court determines that an employer violated any provision of this subchapter, the damages provision prescribed in § 32-1204(b)(6) and (c) shall apply.
§ 32–521.06. Notice.
(a) The Mayor shall devise and an employer shall post and maintain in a conspicuous place, a notice that sets forth excerpts from or summaries of the pertinent provisions of this subchapter and information that pertains to the filing of a complaint under this subchapter.
(b) Any employer who willfully violates this section shall be assessed a civil penalty not to exceed $100 for each day that employer fails to post the notice.
Subchapter III. Employee Sick Leave.
§ 32–531.01. Definitions.
For the purposes of this subchapter, the term:
(1) “Domestic violence” means an intrafamily offense as defined in § 16-1001(8).
(2) “Employee” means any individual employed by an employer, but shall not include:
(A) Any individual who, without payment and without expectation of any gain, directly or indirectly, volunteers to engage in the activities of an educational, charitable, religious, or nonprofit organization;
(B) Any lay member elected or appointed to office within the discipline of any religious organization and engaged in religious functions;
(C) Any individual employed as a casual babysitter, in or about the residence of the employer.
(D) An independent contractor;
(E) A student;
(F) Health care workers who choose to participate in a premium pay program; or
(G) A substitute teacher or a substitute aide who is employed by District of Columbia Public Schools for a period of 30 or fewer consecutive work days.
(3)(A) “Employer” means a legal entity (including a for-profit or nonprofit firm, partnership, proprietorship, sole proprietorship, limited liability company, association, or corporation), or any receiver or trustee of an entity (including the legal representative of a deceased individual or receiver or trustee of an individual), 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 an employee.
(B) The term “employer” shall include the District government.
(4) “Family member” means:
(A)(i) A spouse, including the person identified by an employee as his or her domestic partner, as defined in § 32-701(3);
(ii) The parents of a spouse;
(iii) Children (including foster children and grandchildren);
(iv) The spouses of children;
(v) Parents;
(vi) Brothers and sisters; and
(vii) The spouses of brothers and sisters.
(B) A child who lives with an employee and for whom the employee permanently assumes and discharges parental responsibility; or
(C) A person with whom the employee shares or has shared, for not less than the preceding 12 months, a mutual residence and with whom the employee maintains a committed relationship, as defined in § 32-701(1).
(5) “Paid leave” means accrued increments of compensated leave provided by an employer for use by an employee during an absence from employment for any of the reasons specified in § 32-531.02(b).
(6) “Premium pay program” means a plan offered by an employer pursuant to which an employee may elect to receive extra pay in lieu of benefits.
(7) “Sexual abuse” means any offense described in Chapter 30 of Title 22 [§ 22-3001 et seq.]
(8) “Student” means an employee who:
(A)(i) Is a full-time student, as defined by an accredited institution of higher education;
(ii) Is employed by the institution at which the student is enrolled;
(iii) Is employed for less than 25 hours per week; and
(iv) Does not replace an employee subject to this subchapter; or
(B) Is employed as part of the Year Round Program for Youth, as established by the Department of Employment Services.
(9) "Substitute aide" means an individual who is employed by District of Columbia Public Schools to provide instructional assistance (general, specialized, or concentrated) to students on a temporary basis when the regular instructional aide is unavailable. The term "substitute aide" does not include an individual employed by District of Columbia Public Schools on a term or full-time assignment.
(10) "Substitute teacher" means an individual who is employed by District of Columbia Public Schools to work as a classroom teacher on a temporary basis when the regular teacher is unavailable. The term "substitute teacher" does not include an individual employed by District of Columbia Public Schools on a term or full-time assignment.
§ 32–531.02. Provision of paid leave.
(a)(1) An employer with 100 or more employees shall provide for each employee not less than one hour of paid leave for every 37 hours worked, not to exceed 7 days per calendar year.
(2) An employer with at least 25, but not more than 99, employees shall provide for each employee not less than one hour of paid leave for every 43 hours worked, not to exceed 5 days per calendar year.
(3) An employer with 24 or fewer employees shall provide not less than one hour of paid leave for every 87 hours worked, not to exceed 3 days per calendar year.
(4) For the purposes of paragraphs (1) through (3) of this subsection, the number of employees of an employer shall be determined by the average monthly number of full-time equivalent employees for the prior calendar year. The average monthly number shall be calculated by adding the total monthly full-time equivalent employees for each month and dividing by 12.
(5) In the case of employees who are exempt from overtime payment under section 213(a)(1) of the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. § 201 et seq.), employees shall not accrue leave for hours worked beyond a 40-hour work week.
(b) Paid leave accrued under this section may be used by an employee for any of the following:
(1) An absence resulting from a physical or mental illness, injury, or medical condition of the employee;
(2) An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the employee, subject to the requirement of subsection (d) of this section;
(3) An absence for the purpose of caring for a child, a parent, a spouse, domestic partner, or any other family member who has any of the conditions or needs for diagnosis or care described in paragraph (1) or (2) of this subsection; or
(4) An absence if the employee or the employee’s family member is a victim of stalking, domestic violence, or sexual abuse; provided, that the absence is directly related to social or legal services pertaining to the stalking, domestic violence, or sexual abuse, to:
(A) Seek medical attention for the employee or the employee’s family member to recover from physical or psychological injury or disability caused by domestic violence or sexual abuse;
(B) Obtain services from a victim services organization;
(C) Obtain psychological or other counseling;
(D) Temporarily or permanently relocate;
(E) Take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic violence or sexual abuse; or
(F) Take other actions to enhance the physical, psychological, or economic health or safety of the employee or the employee’s family member or to enhance the safety of those who associate or work with the employee.
(c)(1) Paid leave under this subchapter shall accrue in accordance with the employer’s established pay period. An individual shall accrue paid leave 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.
(2) If an employee is transferred to a separate division, entity, or location within the District, or transferred out of the District and then transferred back to a division, entity, or location within the District, but remains employed by the same employer, the employee shall be entitled to all paid leave accrued at the prior division, entity, or location and shall be entitled to use all paid leave as provided in this subchapter.
(3) When there is a separation from employment and the employee is rehired within one year of separation by the same employer, previously accrued unused paid leave shall be reinstated. The employee shall be entitled to use accrued paid leave and accrue additional paid leave immediately upon the re-commencement of employment; provided, that the employee had previously been eligible to use paid leave. If there is a separation of more than one year, an employer shall not be required to reinstate accrued paid leave and the rehired employee shall be considered to have newly commenced employment.
(4) An employee who is discharged after the completion of a probationary period of 90 days or more, and is rehired within 12 months, may access paid leave immediately.
(d) An employee shall make a reasonable effort to schedule paid leave under subsection (b) of this section in a manner that does not unduly disrupt the operations of the employer.
(e) If an employee does not suffer a loss of income when absent from work, for the number of days up to the days of paid leave provided for in subsection (a)(1), (2), and (3) of this section, an employer shall not be required to provide paid leave for such employee in accordance with this subchapter. Notwithstanding the foregoing sentence, the provisions of § 32-131.08 shall apply to employees who do not suffer a loss of income when absent from work.
(f) If employees of beauty, hair, and nail salons are paid by commission (whether commission only or base wage plus commission), the sick leave rate of pay shall be calculated as follows: divide the employee’s total earnings in base wages and commissions for the prior calendar year by the total hours worked as a commissioned employee during the prior calendar year. If employees do not have a prior calendar year’s work history, divide the employee’s total earnings in base wages and commissions since the employee’s date of hire by the total hours worked as a commissioned employee since that date.
(g) Notwithstanding the requirements in subsections (a)(1)-(4) of this section, for an employee of a restaurant or bar who regularly receive [sic] tips, commissions, or other gratuities to supplement a base wage that is below the minimum wage as established in § 32-1003(a), the employer shall provide the employee not less than one hour of paid leave for every 43 hours worked, not to exceed 5 days per calendar year. The paid leave shall be compensated in accordance with the District minimum wage, as established in § 32-1003(a).
§ 32–531.03. Notification.
Paid leave shall be provided upon the written request of an employee upon notice as provided in this section. The request shall include a reason for the absence involved and the expected duration of the paid leave. If the paid leave is foreseeable, the request shall be provided at least 10 days, or as early as possible, in advance of the paid leave. If the paid leave is unforeseeable, an oral request for paid leave shall be provided prior to the start of the work shift for which the paid leave is requested. In the case of an emergency, the employer shall be notified prior to the start of the next work shift or within 24 hours of the onset of the emergency, whichever occurs sooner.
§ 32–531.04. Certification.
(a)(1) An employer may require that paid leave under § 32-131.02(b) for 3 or more consecutive days be supported by reasonable certification.
(2) Reasonable certification may include:
(A) A signed document from a health care provider, as defined in § 32-501(5), affirming the illness of the employee;
(B) A police report indicating that the employee was a victim of stalking, domestic violence, or sexual abuse;
(C) A court order; or
(D) A signed statement from a victim and witness advocate, or domestic violence counselor, as defined in § 14-310(a)(2), affirming that the employee is involved in legal action related to stalking, domestic violence, or sexual abuse.
(3) If certification is required by an employer, the employee shall provide a copy of the certification to the employer upon the employee’s return to work.
(b)(1) This subchapter shall not require a health care professional to disclose information in violation of section 1177 of the Social Security Act, approved August 21, 1996 (110 Stat. 2029; 42 U.S.C. § 1320d-6), or the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (110 Stat. 2033; 42 U.S.C. § 1320d-2, note).
(2) All information provided to the employer under § 32-131.02 shall not be disclosed by the employer, except to the extent that the disclosure is:
(A) Requested or consented to by the employee;
(B) Ordered by a court or administrative agency; or
(C) Otherwise required by applicable federal or local law.
§ 32–531.05. Current paid leave policies.
(a) An employer with a paid leave policy providing paid leave options, such as a paid time-off program or universal leave policy, shall not be required to modify such policy if the policy offers an employee the option, at the employee’s discretion, to accrue and use leave under terms and conditions that are at least equivalent to the paid leave prescribed in this subchapter.
(b) The terms and conditions of an employer’s policy shall be presumed equivalent if they allow an employee to:
(1) Access and accrue paid leave at least at the same rate as or greater than the hours of paid leave provided in § 32-531.02(a)(1), (2), and (3); and
(2) Use the paid leave for the same purposes as those set forth in § 32-531.02(b), including unscheduled leave.
§ 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.
§ 32–531.07. Encouragement of more generous paid leave policies.
This subchapter shall not prevent an employer from the adoption or retention of a paid leave policy more generous than the one required by this subchapter.
§ 32–531.08. Prohibited acts.
(a) A person shall not interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided by this subchapter.
(b) An employer shall not discharge or discriminate in any manner against an employee because the employee:
(1) Opposes any practice by an employer made unlawful by this subchapter;
(2) Pursuant or related to this subchapter:
(A) Complains to the employer;
(B) Files a complaint with the Department of Employment Services;
(C) Files a civil or administrative complaint alleging a violation of any provision of this subchapter;
(D) Informs any person about an employer’s alleged violation of this subchapter;
(E) Cooperates with the Department of Employment Services or another person’s investigation or prosecution of any alleged violation of this subchapter;
(F) Opposes any policy, practice, or act that is a violation of this subchapter; or
(G) Informs any person of his or her rights under this subchapter.
(3) Gives any information or testimony in connection with an inquiry or proceeding related to this subchapter; or
(4) Uses paid leave provided under this subchapter.
(c) Nothing in this subchapter shall prohibit an employer from establishing and enforcing a lawful policy relating to improper use of paid leave or from seeking more frequent certifications from an employee if there is evidence of a pattern of abuse of paid leave.
(d) An employer taking an adverse action against an employee within 90 days of any of the actions set forth in subsection (b)(2) of this section shall raise a rebuttable presumption that the employer has violated this subchapter.
(e) It shall be unlawful for an employer’s absence control policy to count paid leave taken under this subchapter as an absence that may lead to, or result in, discipline, discharge, demotion, suspension, or other adverse action.
§ 32–531.09. Posting requirement.
(a) The Mayor shall prescribe, and the Mayor shall provide to employers, and an employer shall post and maintain in a conspicuous place, a notice that sets forth excerpts from or summaries of the pertinent provisions of this subchapter and information that pertains to the filing of a complaint under this subchapter. The notice shall be published in all languages spoken by 3% of or 500 individuals in the District of Columbia population, whichever is less.
(b)(1) An employer who violates this section shall be assessed a civil penalty not to exceed $100 for each day that the employer fails to post the notice; provided, that the total penalty shall not exceed $500 unless the ongoing violation is willful.
(2) No liability for failure to post notice will arise under this section if the Mayor has failed to provide to the business the notice required by this section.
(c) An employer shall post the notice in English and all languages spoken by employees with Limited or no-English Proficiency, as defined in § 2-1931(5).
(d) Employers shall be furnished copies or summaries of this subchapter prepared by the Mayor on request.
§ 32–531.10. Administration.
This subchapter shall be administered by the Department of Employment Services.
§ 32–531.10a. Statute of limitations.
All civil or administrative complaints brought under this chapter shall be filed within 3 years of the event or final instance of a series of events on which the complaint is based, except the 3-year period shall be tolled for the duration of any period during which the employer does not post the notice required under § 32-531.09, or, for civil complaints, when an administrative complaint is filed.
§ 32–531.10b. Employer records.
(a) Employers shall retain records documenting hours worked by employees and paid leave taken by employees for a period of 3 years or the prevailing federal standard at the time the record is created, which shall be identified in rules issued pursuant to this subchapter, whichever is greater, and shall allow the Mayor and the Office of the District of Columbia Auditor access to the records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this chapter.
(b) When an issue arises as to an employee’s entitlement to paid leave under this chapter, if the employer does not maintain or retain adequate records documenting hours worked by the employee and paid leave taken by the employee, or does not allow the Mayor or the Office of the District of Columbia Auditor reasonable access to the records, there shall be a rebuttable presumption that the employer has violated this chapter.
§ 32–531.11. Effect on other laws.
This subchapter shall not:
(1) Supersede any provision of law or contract that provides greater employee paid leave rights than the rights established under this subchapter; or
(2) Modify or affect any federal or District law prohibiting discrimination on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, or political affiliation.
§ 32–531.12. Enforcement and penalties.
(a)(1) An employee or similarly situated employees injured by a violation of this subchapter shall be entitled to maintain a civil action or an administrative action.
(2) When an administrative complaint is filed against any employer or other person alleged to have violated this subchapter, a hearing by an administrative law judge shall be scheduled following the same procedure available in § 32-1308.01 for a violation of Chapter 13 of this title [§ 32-1301 et seq.].
(b) If an employer fails to allow an employee to use paid leave as required by this subchapter, the employer shall pay $500 in additional damages to the employee for each accrued day denied, regardless of whether the employee takes unpaid leave or reports to work on that day.
(c) Except as provided in § 32-531.09(b), an employer who willfully violates the requirements of this subchapter shall be subject to a civil penalty for each affected employee of $1,000 for the 1st offense, $1,500 for the 2nd offense, and $2,000 for the 3rd and each subsequent offense.
(d) If the Mayor determines that an employer has violated any provision of this subchapter, the Mayor shall order the employer to provide affirmative remedies including:
(1) Back pay for lost wages caused by the employer’s violation of this subchapter;
(2) Reinstatement or other injunctive relief;
(3) Compensatory damages, punitive damages, and additional damages as provided in subsection (b) of this section; and
(4) Reasonable attorney’s fees and costs of enforcement.
(e) An action may be maintained against any employer in a court of competent jurisdiction by any one or more employees for and on behalf of himself or themselves. An employer who violates the provisions of this subchapter shall be liable to the employee or employees affected for:
(1) Back pay for lost wages caused by the employer’s violation of this subchapter;
(2) Reinstatement or other injunctive relief;
(3) Compensatory damages, punitive damages, and additional damages as provided in subsection (b) of this section; and
(4) Reasonable attorney’s fees and costs.
(f)(1) Where compliance with this subchapter or regulations enacted to implement this subchapter is not forthcoming, the Mayor shall take any appropriate enforcement action to secure compliance, including initiating a civil action and, except where prohibited by another law, revoking or suspending any registration certificates, permits or licenses held or requested by the employer or person until the violation is remedied.
(2) To compensate the District for the costs of investigating and remedying the violation, the Department of Employment Services may also order the violating employer or person to pay to the District a sum of not more than $500 for each day or portion thereof and for each employee or person as to whom the violation occurred or continued. The funds recovered by the District under this subchapter shall be allocated to offset the costs of implementing and enforcing this subchapter.
(g) In any administrative or civil action brought under this subchapter, the Mayor or court shall award interest on all amounts due and unpaid at the rate of interest specified in § 28-3302(b) or § 28-3302(c).
(h) Any money awarded to an employee under this subchapter shall be enforceable by the employee to whom the debt is owed or may be collected by the District on behalf of the employee.
(i) The administrative fines and penalties collected under this section shall be deposited into the Wage Theft Prevention Fund, established by § 32-1307.01.
§ 32–531.13. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this subchapter. If rules are promulgated, the Mayor shall submit the proposed rules to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 30-day review period, the proposed rules shall be deemed approved.
§ 32–531.14. Hardship exemption.
The Mayor shall exempt, by rule, businesses that can prove hardship as a result of this subchapter. The Mayor shall submit the proposed hardship exemption rules to the Council for a 45-day period of review, excluding Saturdays, Sunday, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within the 45-day review period, the proposed rules shall be deemed disapproved.
§ 32–531.15. Report by the [Department of Employment Services].
The Department of Employment Services shall prepare and submit to the Mayor and Council, annually, a report of this chapter’s economic impact on the private sector. Among other things, the Department of Employment Services shall obtain a sample of statistics on District businesses to determine:
(1) The compliance level of businesses; and
(2) Whether companies are utilizing staffing patterns to circumvent the intention of this subchapter.
§ 32–531.15a. Public education and outreach.
(a) The Department of Employment Services shall develop and implement a multilingual outreach program to inform employees of the availability of paid leave under this chapter.
(b) The program shall include the distribution of notices and other written materials in English and in other languages to all childcare and elder care providers, domestic violence shelters, schools, hospitals, community health centers, and other health care providers within the District.
§ 32–531.16. Applicability.
(a) This subchapter shall apply 6 months after May 13, 2008.
(b) In the case of a collective bargaining agreement in effect on the effective date set forth in subsection (a) of this section, this subchapter shall apply on the earlier of the date of the termination of the agreement or the date that occurs 18 months after the effective date set forth in subsection (a) of this section.
§ 32–531.17. Appropriations contingency. [Repealed]
Repealed.
Subchapter IV. Universal Paid Leave.
§ 32–541.01. Definitions.
For the purposes of this subchapter, the term:
(1) "Average weekly wage" means the total wages subject to contribution under § 32-541.03 earned by an eligible individual during the 4 quarters during which the individual's wages were the highest out of the 5 quarters immediately preceding the qualifying leave event, divided by 52; except, that, for claims filed after October 1, 2021, and before the 365th day after the end of the public health emergency, the term "average weekly wage" means the total wages subject to contribution under § 32-541.03 for the 4 quarters during which the individual's wages were the highest out of the 10 quarters immediately preceding the qualifying leave event, divided by 52.
(2) "Bonding" means the formation of a close emotional and psychological relationship between a parent or primary caregiver and an infant or child.
(3) "Covered employee" means an employee of a covered employer:
(A) Who spends more than 50% of his or her work time for that employer working in the District of Columbia; or
(B) Whose employment for the covered employer is based in the District of Columbia and who regularly spends a substantial amount of his or her work time for that covered employer in the District of Columbia and not more than 50% of his or her work time for that covered employer in another jurisdiction.
(4) "Covered employer" means:
(A) Any individual, partnership, general contractor, subcontractor, association, corporation, business trust, or any group of persons 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 an employee and is required to pay unemployment insurance on behalf of its employees by § 51-103; provided, that the term "covered employer" shall not include the United States, the District of Columbia, or any employer that the District of Columbia is not authorized to tax under federal law or treaty; or
(B) A self-employed individual who has opted into the paid-leave program established pursuant to this subchapter.
(5) "D.C. FMLA" means the subchapter I of this chapter.
(6) "Eligible individual" means a person whose claim for paid-leave benefits is not based on employment for the United States, the District of Columbia, or an employer that the District of Columbia is not authorized to tax under federal law or treaty, who meets the requirements of this subchapter and regulations issued pursuant to this subchapter and:
(A) Has been a covered employee during some or all of the 52 calendar weeks immediately preceding the qualifying event for which paid leave is being taken; or
(B) Is a self-employed individual who has:
(i) Opted into the paid-leave program established pursuant to this subchapter; and
(ii) Earned self-employment income for work performed more than 50% of the time in the District of Columbia during some or all of the 52 calendar weeks immediately preceding the qualifying event for which paid leave is being taken.
(6A) "Employer contribution rate" means the uniform percentage of covered employees' wages that covered employers must contribute to the Universal Paid Leave Fund, including the percentage of annual self-employment income that a covered employer who is a self-employed individual must contribute, as provided under this subchapter.
(6B) "Exigent circumstances" means:
(A) Physical or mental incapacity that prevents an eligible individual or eligible individual's authorized representative from filing for paid leave benefits following the occurrence of a qualifying leave event;
(B) A demonstrable inability to reasonably access the means by which a claim could have been filed by the eligible individual or the eligible individual's authorized representative following the occurrence of a qualifying leave event; or
(C) Actual lack of knowledge by an eligible individual of his or her right to apply for paid leave benefits pursuant to this subchapter due to the noncompliance of all of the eligible individual's covered employers with the notice requirements required by § 32-541.06(i)(3) during the period when the individual could have received paid leave benefits pursuant to this subchapter; provided, that such employer noncompliance shall be confirmed by the Mayor before the eligible individual shall be eligible for paid leave benefits pursuant to this subchapter.
(7) "Family member" means:
(A) A biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or a person to whom an eligible individual stands in loco parentis;
(B) A biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to an eligible individual when the eligible individual was a child;
(C) A person to whom an eligible individual is related by domestic partnership, as defined by § 32-701(4), or marriage;
(D) A grandparent of an eligible individual; or
(E) A sibling of an eligible individual.
(8) "Health care provider" shall have the same meaning as provided in § 32-501(5).
(8A) "Insurer" shall have the same meaning as provided in § 31-2231.01(7).
(9) "Intermittent leave" means paid leave taken in increments of no less than one day, rather than for one continuous period of time.
(9A) "Miscarriage" means the loss of a pregnancy before 20 weeks' gestation.
(10) "Open enrollment period" means:
(A) The first 90 days after the date on which the Mayor, pursuant to § 32-541.03, begins to collect contributions to the Universal Paid Leave Fund;
(B) The 60 days following the commencement of business in the District of Columbia by a self-employed individual; or
(C) Beginning with calendar year 2020 and in each calendar year thereafter, the months of November and December.
(11) "Paid-leave benefits" means the monetary benefits provided pursuant to this subchapter.
(11A) "Pre-natal medical care" means routine and specialty appointments, exams, and treatments associated with a pregnancy provided by a health care provider, including pre-natal check-ups, ultrasounds, treatment for pregnancy complications, bedrest that is required or prescribed by a health care provider, and pre-natal physical therapy.
(11B) "Public health emergency" means the Coronavirus (COVID-19) public health emergency declared pursuant to Mayor's Order 2020-046, on March 11, 2020, and all subsequent extensions.
(12) "Qualifying family leave" means paid leave that an eligible individual may take in order to provide care or companionship to a family member because of the occurrence of a qualifying family leave event.
(13) "Qualifying family leave event" means the diagnosis or occurrence of a serious health condition of a family member of an eligible individual.
(13A) "Qualifying leave event" means a qualifying family leave event, a qualifying medical leave event, a qualifying pre-natal leave event, or a qualifying parental leave event.
(14) "Qualifying medical leave" means paid leave that an eligible individual may take following the occurrence of a qualifying medical leave event.
(15) "Qualifying medical leave event" means, for an eligible individual, the diagnosis or occurrence of a serious health condition, which shall include the occurrence of a stillbirth and the medical care related to a miscarriage.
(16) "Qualifying parental leave" means paid leave that an eligible individual may take within one year of the occurrence of a qualifying parental leave event.
(17) "Qualifying parental leave event" means events, including bonding, associated with:
(A) The birth of a child of an eligible individual;
(B) The placement of a child with an eligible individual for adoption or foster care; or
(C) The placement of a child with an eligible individual for whom the eligible individual legally assumes and discharges parental responsibility.
(17A) "Qualifying pre-natal leave" means paid leave that an eligible individual who is pregnant may take for pre-natal medical care following the occurrence of a qualifying pre-natal leave event and prior to the occurrence of a qualifying parental leave event.
(17B) "Qualifying pre-natal leave event" means the diagnosis of pregnancy by a health care provider.
(18) "Retaliate" means to:
(A) Commit any form of intimidation, threat, reprisal, harassment, discrimination, or adverse employment action, including discipline, discharge, suspension, transfer or assignment to a lesser position in terms of job classification, job security, or other condition of employment;
(B) Reduce pay or hours or deny an individual additional hours;
(C) Inform another employer that the person has engaged in activities protected by this subchapter; or
(D) Report, or threaten to report, the actual or suspected citizenship or immigration status of an employee, former employee, or family member of an employee or former employee, to a federal, state, or local agency.
(19) "Self-employment income" means gross income earned from carrying on a trade or business as a sole proprietor, an independent contractor, or a member of a partnership.
(19A) "Self-insured employer" means an employer that uses its own resources, rather than providing benefits directly through an insurance contract with a third-party insurer, to pay its employees' family, medical, short-term disability, or related leave benefits ("leave benefits") and includes an employer that contracts with a third-party insurer to administer its leave benefits program.
(20) "Serious health condition" means a physical or mental illness, injury, or impairment that requires inpatient care in a hospital, hospice, or residential health care facility, or continuing treatment or supervision at home by a health care provider or other competent individual. For the purposes of this definition:
(A)(i) The term "treatment" includes, but is not limited to, examinations to determine if a serious health condition exists and evaluations of the condition.
(ii) Treatment does not include routine physical examinations, eye examinations, or dental examinations.
(iii) A regimen of continuing treatment such as the taking of over-the-counter medications, bed rest, or similar activities that can be initiated without a visit to a health care provider is not, by itself, sufficient to constitute continuing treatment for the purposes of this subchapter.
(B) The term "inpatient care" is the care of a patient in a hospital, hospice, or residential medical care facility for the duration of one overnight period or longer, or any subsequent treatment in connection with such inpatient care.
(C) The term "incapacity" means inability to work, attend school, or perform other regular daily activities due to the serious health condition, treatment of the serious health condition, or recovery from the serious health condition.
(D) Conditions for which cosmetic treatments are administered are not serious health conditions; provided, that procedures related to an individual's gender transition shall not be considered cosmetic treatments for the purposes of this subparagraph.
(E) A serious health condition involving continuing treatment by a health care provider means any one or more of the following:
(i) A period of incapacity of more than 3 consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also involves:
(I) Treatment of 2 or more times within 30 days of the first day of incapacity, unless extenuating circumstances exist, by a health care provider, by a nurse under direct supervision of a health care provider, or by a provider of health care services under orders of, or on referral by, a health care provider. For the purposes of this sub-subparagraph, "extenuating circumstances" means circumstances beyond an individual's control that prevent the follow-up visit from occurring as planned by the health care provider;
(II) The first, or only, in-person treatment visit within 10 days after the first day of incapacity if extenuating circumstances exist; or
(III) Treatment by a health care provider on at least one occasion, which results in a regimen of continuing treatment under the supervision of the health care provider;
(ii) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
(I) Requires 2 or more periodic visits annually for treatment by a health care provider or by a nurse under direct supervision of a health care provider;
(II) Continues over an extended period of time, which shall include recurring episodes of a single underlying condition; and
(III) May cause episodic rather than a continuing period of incapacity;
(iii) A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. The family member of an eligible individual must be under continuing supervision of, but need not be receiving active treatment by, a health care provider; or
(iv) Any period of absence to receive multiple treatments (including any period of recovery from the treatments) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, for:
(I) Restorative surgery after an accident or other injury; or
(II) A condition that would likely result in a period of incapacity of more than 3 consecutive, full calendar days in the absence of medical intervention or treatment.
(20A) "Stillbirth" means the loss of a pregnancy at 20 weeks' gestation or later.
(21) "Universal Paid Leave Fund" means the fund established pursuant to § 32-551.02.
(22) "Wages" shall have the same meaning as provided in § 51-101(3); provided, that the term "wages" also shall include self-employment income earned by a self-employed individual who has opted into the paid-leave program established pursuant to this subchapter.
§ 32–541.02. Establishment of a paid-leave program; rules.
(a) The Mayor shall establish a paid-leave program to administer the paid-leave benefits provided for in this subchapter.
(b)(1) Within 180 days after April 7, 2017, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subchapter.
(2) The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the 45-day period, the proposed rules shall be deemed approved.
(c) Within 30 days after October 1, 2021, or after any expansion of benefits or change to the employer contribution rate pursuant to § 32-541.04a(c), the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules, which may include the issuance of emergency rules, to implement the provisions of this subchapter.
§ 32–541.03. Contributions to the Universal Paid Leave Fund.
(a) A covered employer shall contribute an amount equal to 0.62%, or a lower rate computed pursuant to § 32-541.04a(c)(2), of the wages of each of its covered employees to the Universal Paid Leave Fund in a manner prescribed by the Mayor.
(b) A covered employer who is a self-employed individual who has opted-in to the paid-leave program established pursuant to this subchapter shall contribute an amount equal to 0.62%, or a lower rate computed pursuant to § 32-541.04a(c)(2), of his or her annual self-employment income to the Universal Paid Leave Fund in a manner prescribed by the Mayor.
(c) Within 180 days after April 7, 2017, the Mayor shall provide public notice to covered employers regarding the manner in which the Mayor shall collect contributions to the Universal Paid Leave Fund.
(d) By July 1, 2019, the Mayor shall begin to collect contributions to the Universal Paid Leave Fund from covered employers.
(e) Upon a self-employed individual's becoming a covered employer by opting into the paid-leave program established pursuant to this subchapter, the Mayor shall provide notice to that individual regarding the manner in which contributions to the Universal Paid Leave Fund shall be collected from the individual.
(f) A covered employer who fails to contribute any amount required by this section to the Universal Paid Leave Fund shall be subject to the same notice requirements, procedures, interest, penalties, and remedies set forth in § 51-104.
§ 32–541.04. Duration and amount of benefits.
(a) Upon the occurrence of a qualifying leave event, an eligible individual may file a claim for benefits to be paid pursuant to this subchapter.
(b)(1) Except as provided in paragraph (2) of this subsection, after the occurrence of a qualifying leave event, an eligible individual shall wait one week during which no benefits are payable before being entitled to receive payment of his or her paid-leave benefits; provided, that regardless of the number of qualifying events for which an eligible individual files a claim for paid-leave benefits, he or she shall have only one such waiting period within a 52-week period.
(2) For claims filed after October 1, 2021, and before the 365th day after the end of the public health emergency, paragraph (1) of this subsection shall not apply.
(3) For claims filed on or after July 25, 2022, paragraph (1) of this subsection shall not apply.
(c) Following the filing of a claim, an eligible individual shall be entitled to receive payment of his or her paid-leave benefits; provided, that the payment of such benefits shall be made in the amount and manner set forth in the Mayor's initial determination made pursuant to § 32-541.06, as modified by the result of any appeal brought pursuant to § 32-541.08, and otherwise shall be subject to the provisions of this subchapter.
(d)(1)(A) An eligible individual may submit a claim for payment of his or her paid-leave benefits for a period during which he or she does not or did not perform his or her regular and customary work because of the occurrence of a qualifying leave event.
(B) An eligible individual may receive retroactive paid-leave benefits pursuant to subparagraph (A) of this paragraph only if he or she submits a claim within 30 calendar days after the qualifying leave event; provided, that the 30-calendar day limitation may be waived if an individual is unable to apply for his or paid-leave benefits within 30 calendar days after the qualifying leave event due to exigent circumstances.
(2) Except as provided in paragraph (3) [of this subsection], within a 52-workweek period, an eligible individual shall not receive paid-leave benefits, for any number or combination of qualifying leave events, for a duration that exceeds the maximum duration of qualifying parental leave available in the fiscal year during which the individual files a claim for paid-leave benefits, as provided in subsection (e-1) of this section.
(3) Within a 52-workweek period, an eligible individual may receive the maximum duration of qualifying pre-natal leave available in the fiscal year during which the individual files a claim for paid-leave benefits in addition to the maximum duration of parental leave available during such fiscal year, as provided in subsection (e-1) of this section; provided, that an eligible individual shall not receive any combination of qualifying pre-natal leave and qualifying medical leave for a duration that exceeds the maximum duration of qualifying medical leave available for the fiscal year during which the individual files a claim for paid-leave benefits.
(e) The International Classification of Diseases, Tenth Revision (ICD-10), or subsequent revisions by the World Health Organization to the International Classification of Diseases, along with the health care provider or caretaker assessments, shall be used to determine the appropriate length of qualifying family leave an eligible individual is entitled to, based on the serious health condition of the eligible individual's family member, or the appropriate length of qualifying medical leave an eligible individual is entitled to, based on the serious health condition of the eligible individual, subject to the limits set forth in subsection (e-1) of this section.
(e-1)(1) For claims filed before October 1, 2021, the maximum duration of each type of paid-leave benefits within a 52-workweek period shall be:
(A) 8 workweeks of qualifying parental leave;
(B) 6 workweeks of qualifying family leave;
(C) 2 workweeks of qualifying medical leave; and
(D) Zero workweeks of qualifying pre-natal leave.
(2) For claims filed on or after October 1, 2021, and before October 1, 2022, the maximum duration of each type of paid-leave benefits within a 52-workweek period shall be:
(A) 8 workweeks of qualifying parental leave;
(B) 6 workweeks of qualifying family leave;
(C) 6 workweeks of qualifying medical leave; and
(D) 2 workweeks of qualifying pre-natal leave.
(3) For claims filed on or after October 1, 2022, the maximum duration for each type of paid-leave benefits within a 52-workweek period shall be:
(A) 12 workweeks of qualifying parental leave;
(B) 12 workweeks of qualifying family leave;
(C) 12 workweeks of qualifying medical leave; and
(D) 2 workweeks of qualifying pre-natal leave.
(f) An eligible individual may receive payment for intermittent leave; provided, that the duration of paid-leave benefits an individual receives in a 52-week period shall not exceed the total maximum duration of paid-leave benefits or the maximum duration of any type of paid-leave benefits available in the fiscal year during which the individual files a claim to receive paid-leave benefits, as provided in subsections (d)(2) and (3) and (e-1) of this section.
(g)(1) An eligible individual who earns an average weekly wage that is equal to or less than 150% of the District's minimum wage multiplied by 40 shall be entitled to weekly paid-leave benefits that shall equal 90% of that eligible individual's average weekly wage.
(2) An eligible individual who earns an average weekly wage that is greater than 150% of the District's minimum wage multiplied by 40 shall be entitled to payment of weekly paid-leave benefits that shall equal:
(A) 90% of 150% of the District's minimum wage multiplied by 40; plus
(B) 50% of the amount by which the eligible individual's average weekly wage exceeds 150% of the District's minimum wage multiplied by 40; provided, that no eligible individual shall be entitled to payment of paid-leave benefits at a rate in excess of the maximum weekly benefit amount.
(3) If an eligible individual has multiple sources of income, his or her wages may be combined to determine his or her average weekly wage; provided, that if an individual's combined wages result in an average weekly wage more than the maximum weekly benefit amount, the individual shall be entitled to no more than the maximum weekly benefit amount.
(4) Medical, family, parental, and pre-natal leave benefits for partial weeks of leave shall be prorated.
(5) Before October 1, 2021, the maximum weekly benefit amount shall be $1,000.
(6)(A) On October 1, 2021, and on October 1 of each successive year, the maximum weekly benefit amount provided in this subsection shall increase in proportion to the annual average increase, if any, in the Consumer Price Index for All Urban Consumers, Washington-Baltimore Metropolitan area published by the Bureau of Labor Statistics of the United States Department of Labor for the previous calendar year; provided, that the Chief Financial Officer of the District of Columbia shall certify that funds are sufficient in the Universal Paid Leave Fund each year before the maximum weekly benefit amount increases pursuant to this paragraph.
(B) Any increase under this paragraph shall be adjusted to the nearest multiple of $1.
(h) By September 30, 2017, and quarterly thereafter, the Mayor shall submit to the Council a project plan that explains in detail the timeline, including specific dates by which milestones of the project will be accomplished, for the development of all software necessary to administer the paid-leave system established pursuant to this subchapter.
(i) By December 30, 2017, and quarterly thereafter, the Mayor shall submit to the Council a requirements document that explains in detail the requirements needed in order to develop all software necessary to administer the paid-leave system established pursuant to this subchapter.
(j) By July 1, 2020, the Mayor shall commence the payment of paid-leave benefits provided for in this subchapter.
(k) Covered employers are not responsible for collecting or tracking any taxes from individuals related to paid-leave payments received pursuant to this subchapter from the District of Columbia government.
§ 32–541.04a. Expansion of paid-leave benefits and employer contribution rate change.
(a) By March 1, 2022, and annually thereafter, the Chief Financial Officer ("CFO") shall update estimates of the projected cost of the paid-leave program established by this this subchapter.
(b)(1) On or before March 1 of each year beginning with March 1, 2022, the CFO shall certify the:
(A) Fund balance of the Universal Paid Leave Fund;
(B) Projected annual revenues for the current fiscal year and future fiscal years, for the duration of the financial plan, to be deposited into the Universal Paid Leave Fund at the then-existing employer contribution rate;
(C) Projected annual expenditures from the Universal Paid Leave Fund at the benefit durations prescribed in § 32-541.04(e-1)(3) and allowable administrative expenditures; and
(D) Repealed.
(E) Projected employer contribution rate necessary to maintain the benefit durations prescribed in § 32-541.04(e-1)(3) and continued solvency of the Universal Paid Leave Fund.
(2) The Mayor shall incorporate the certification required pursuant to paragraph (1) of this subsection into the Mayor's annual submission of the District's multiyear budget and financial plan to the Council, which shall reflect any employer contribution rate change required pursuant to subsection (c) of this section, as certified pursuant to paragraph (1) of this subsection.
(3) An employer contribution rate change provided for in subsection (c)(2) of this section shall apply as of July 1 of the year in which the employer contribution rate change will not cause the projected fund balance of the Universal Paid Leave Fund to fall below the equivalent of 9 months of benefits, as certified pursuant to paragraph (1) of this subsection.
(c)(1) Repealed.
(2) Beginning with July 1, 2022, and annually thereafter, if the projected employer contribution rate calculated by the CFO pursuant to subsection (b)(1)(E) of this section is below 0.62%, the employer contribution rate shall equal that projected employer contribution rate. If the projected employer contribution rate calculated pursuant to subsection (b)(1)(E) is greater than or equal to 0.62%, then the employer contribution rate shall be 0.62%.
(d)(1) At least 60 days before implementation of any paid-leave benefit expansion or employer contribution rate change pursuant to this section, the Mayor shall prescribe and provide to covered employers an update to the notice required under§ 32-541.06(i). The Mayor may conduct a public-education campaign to inform individuals of expanded benefits. Costs of the notice and campaign authorized under this subsection shall be payable pursuant to § 32-551.02(c)(1), from the Universal Paid Leave Administration Fund.
(2) A public education campaign conducted pursuant to paragraph (1) of this subsection shall include:
(A) Updated programmatic notices sent electronically to all covered employers, which shall be distributed to their covered employees;
(B) At least 3 webinars, of which at least one shall be offered during evening hours or on the weekend, that are open to the public and that shall be promoted through multiple methods of communication at least 2 weeks before they occur; and
(C) Promotional mailers, including postcards, sent to all households with residents enrolled in the District's Medicaid or Health Care Alliance Program, and other households as determined by the Mayor.
§ 32–541.05. Self-employed individuals.
(a)(1) An individual who earns self-employment income and who opts into the paid-leave program established pursuant to this subchapter shall remain continuously enrolled in the program until such time as he or she elects to opt out; provided, that an individual who earns self-employment income who has opted into the program may only opt out of the program during an open enrollment period.
(2) If an individual who earns self-employment income has chosen not to opt into the paid-leave program established pursuant to this subchapter, he or she shall only be permitted to enroll, or re-enroll, in the program during an open enrollment period in a manner prescribed by the Mayor and shall make contributions to the Universal Paid Leave Fund for no less than 3 consecutive years.
(b) If an individual who earns self-employment income withdraws from the paid-leave program established pursuant to this subchapter 2 or more times, he or she shall be barred from re-enrolling in the program for a period of 5 years from the date of his or her withdrawal from the program.
(c) Beginning on January 1, 2020, an individual who earns self-employment income who previously opted out of or withdrew from the paid-leave program established pursuant to this subchapter shall not be eligible to receive benefits pursuant to this subchapter for the first year after enrolling or reenrolling in the program.
(d)(1) If an individual who earns self-employment income does not make a timely payment required by this subchapter, the District shall notify the individual of the payment due. After notice has been given, and if payment is not received, the individual shall be disenrolled and shall not be eligible for paid-leave benefits pursuant to this subchapter.
(2) An individual who has been disenrolled pursuant to this subsection may re-enroll consistent with requirements of this section following the payment of any amounts due to the District pursuant to this subchapter.
§ 32–541.06. Administration of the paid-leave program.
(a) The Mayor shall establish reasonable procedures and forms for filing claims for benefits under this subchapter and shall specify the supporting documentation necessary to support a claim for benefits, including, for qualifying family leave or qualifying medical leave, proof of a serious health condition and the length of leave expected based on industry standards used by health care professionals to label diagnosis of medical conditions and treatments.
(b) Claims for paid-leave benefits shall be made in accordance with this subchapter and any regulations that the Mayor may prescribe for administration of the program established pursuant to this subchapter; provided, that, for qualifying family leave, the Mayor shall require an applicant to affirm that he or she will be taking the leave in order to provide care or companionship for a family member with a serious health condition and submit a description of the care or companionship to be provided.
(c) The Mayor shall notify the eligible individual's employer within 3 business days of the filing of a claim for benefits under this subchapter.
(d) No later than 10 business days after an eligible individual files a claim for benefits under this subchapter, the Mayor shall make, and notify an individual of, an initial determination as to:
(1) Whether an eligible individual may receive benefits pursuant to this subchapter;
(2) The weekly amount of benefits payable to the eligible individual;
(3) The date on which payment to the eligible individual shall commence;
(4) The number of weeks for which the eligible individual shall receive benefits and the dates on which the corresponding payments shall be made; provided, that the Mayor shall employ the International Classification of Diseases, Tenth Revision (ICD-10), or any subsequent revision by the World Health Organization to the International Classification of Diseases, along with health care provider or caretaker assessments, when making this determination for purposes of qualifying family leave or qualifying medical leave; and
(5) The right to appeal to the Office of Administrative Hearings if an eligible individual does not agree with one or more of the determinations made by the Mayor pursuant to this subsection.
(e) If an individual is determined eligible to receive paid-leave benefits provided for under this subchapter, the Mayor shall make the first payment to the eligible individual within 10 business days of the determination of eligibility and subsequent payments shall be made biweekly thereafter.
(f) The Mayor may use information sharing and integration technology to facilitate the disclosure of relevant information or records so long as an individual consents to the disclosure as required under District law.
(g)(1) The Mayor shall create a user-friendly, online portal for the submission and management of forms and documents necessary to administer the paid-leave program established pursuant to this subchapter.
(2) The portal shall be accessible to the public via the Internet, and shall be designed with a privacy protected, user-friendly, interactive, searchable interface that provides information relevant to claimants, employers, and the public.
(3) No individual information shall be posted on this portal.
(4) The portal shall be compliant with Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (Pub. L. No. 104-191; 110 Stat. 1936).
(5) The components of the portal accessible to the general public shall include at a minimum, real-time, searchable parameters for the purpose of collection of reportable data, tracking program use, and to use data to reduce the cost of the program and to integrate the program with existing District benefit programs.
(6) The portal, and all associated software necessary to administer the paid-leave program established pursuant to this subchapter, shall be designed to be able to handle the benefits provided for in this subchapter and future changes to the parameters of the program, including the maximum number of weeks an eligible individual may claim for a qualifying leave event or the formula for calculating weekly benefits.
(h) Information contained in the files and records pertaining to an individual under this subchapter are confidential and not open to public inspection, other than to public employees in the performance of their official duties. An individual or an authorized representative of an individual may review his or her own records or receive specific information from his or her own records. All documents may be accepted and distributed electronically pursuant to § 28-4917.
(i)(1) The Mayor shall prescribe and provide to covered employers a notice explaining:
(A) The employees' right to paid-leave benefits under this subchapter and the terms under which such leave may be used;
(B) That retaliation by the covered employer against the covered employee for requesting, applying for, or using paid-leave benefits is prohibited;
(C) That an employee who works for a covered employer with under 20 employees shall not be entitled to job protection if he or she decides to take paid leave pursuant to this subchapter; and
(D) That the covered employee has a right to file a complaint and the procedures established by the Mayor for filing a complaint.
(2) The notice shall comply with subchapter II of Chapter 19 of Title 2.
(3) Each covered employer shall, at the time of hiring and annually thereafter, and at the time the covered employer is aware that the leave is needed, provide this notice to each covered employee. Each covered employer shall also post and maintain the notice in a conspicuous place in English and in all languages in which the Mayor has published the notice.
(4) A covered employer who violates this notice requirement shall be assessed a civil penalty not to exceed $100 for each covered employee to whom individual notice was not delivered and $100 for each day that the covered employer fails to post the notice in a conspicuous place. No liability for failure to post notice will arise under this section if the Mayor has not prescribed the notice required by this section.
(j)(1) The Mayor shall conduct a public-education campaign, which shall be paid for out of the Universal Paid Leave Administration Fund, pursuant to § 32-551.02(c)(1), to inform individuals of the benefits provided for in this subchapter.
(2) The Mayor shall coordinate with the Office of Human Rights and other agencies the Mayor deems appropriate to create an awareness campaign for the paid-leave program established pursuant to this subchapter.
(3) All outreach information shall comply with subchapter II of Chapter 19 of Title 2.
§ 32–541.07. Coordination of benefits.
*NOTE: This section includes amendments by temporary legislation that will expire on July 10, 2024. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*
(a)(1) To the extent practicable, an eligible individual shall provide written notice to his or her employer of the need for the use of paid-leave benefits provided in this subchapter before taking leave.
(2) The written notice shall include a reason for the absence involved, within the parameters of the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (Pub. L. No. 104-191; 110 Stat. 1936), and the expected duration of the paid leave.
(3) If the paid leave is foreseeable, the written notice shall be provided at least 10 days, or as early as possible, in advance of the paid leave.
(4) If the paid leave is unforeseeable, a notification, either oral or written, shall be provided before the start of the work shift for which the paid leave is being used.
(5) In the case of an emergency, the eligible individual, or another individual on behalf of the eligible individual, shall notify the eligible individual's employer, either orally or in writing, within 48 hours of the emergency occurring.
(6) Nothing in this subsection shall be construed to deny an eligible individual paid-leave benefits to which he or she is otherwise entitled pursuant to this subchapter.
(b) If paid leave taken pursuant to this subchapter also qualifies as protected leave pursuant to the Family and Medical Leave Act of 1993, approved February 5, 1993 (107 Stat. 6; 29 U.S.C. § 2601 et seq.), or D.C. FMLA, the paid leave taken pursuant to this subchapter shall run concurrently with, and not in addition to, leave taken under those other acts.
(c) Nothing in this subchapter shall be construed to provide job protection to any eligible individual beyond that to which an individual is entitled under D.C. FMLA.
(d) A covered employer may provide an eligible individual with leave benefits in addition to those provided by this subchapter; provided, that the provision of such benefits, including a paid-leave program, shall not exempt the covered employer from making contributions under § 32-541.03 or an eligible individual from receiving benefits pursuant to this subchapter.
(e) An eligible individual receiving benefits pursuant to part A of subchapter I of Chapter 1 of Title 51, shall not be eligible to receive the benefits provided for in this subchapter.
(f) If an eligible individual is receiving long-term disability payments, he or she shall not be eligible to receive the benefits provided for in this subchapter.
(g)(1) If an individual concurrently earns self-employment income and is a covered employee employed by a covered employer, the individual shall not be entitled to receive double payments.
(2) If the self-employed individual has opted into the paid-leave program established pursuant to this subchapter, his or her benefit payment amount shall be based on the combined wages from covered employment and self-employment.
(h) This subchapter shall not:
(1) Supersede any provision of law, collective-bargaining agreement, or other contract that provides paid-leave rights in addition to the rights established pursuant to this subchapter; or
(2) Prevent a covered employer from adopting or retaining a paid-leave policy that supplements or otherwise provides greater benefits than are required by this subchapter.
(i)(1) An individual's right to benefits provided for in this subchapter shall not be diminished by a collective-bargaining agreement or other contract entered into or renewed after December 31, 2017.
(2) An individual's right to benefits provided for in this subchapter shall not be diminished by an employer policy.
(3) Any agreement by an individual to waive his or her rights under this subchapter is void as against public policy.
(j)(1) No insurer may offset or reduce benefits or income available to an eligible individual under an individual or group policy for temporary or short-term disability insurance based on estimated or actual benefits the eligible individual may or does receive under this subchapter, regardless of the jurisdiction in which such policy was issued, executed, written, or delivered.
(2) Paragraph (1) of this subsection shall not apply to the actions of a self-insured employer or to the actions of an insurer to the extent the insurer is acting on behalf of a self-insured employer as a third-party administrator for the self-insured employer.
§ 32–541.08. Appeals.
(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) For complaints, 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).
§ 32–541.09. Erroneous payments and disqualification for benefits.
(a) An individual who intentionally makes a false statement or misrepresentation regarding a material fact, or who intentionally fails to report a material fact, to obtain a benefit under this subchapter is disqualified from receiving paid-leave benefits under this subchapter for a period of 3 years.
(b) If paid-leave benefits provided for in this subchapter are paid erroneously or as a result of willful misrepresentation, or if a claim for paid-leave benefits is rejected after benefits are paid, the Mayor shall seek repayment of benefits from the recipient; provided, that the Mayor may exercise his or her discretion to waive, in whole or in part, the amount of any such payments when the recovery would be against equity and good conscience.
(c)(1) If the Mayor obtains repayment of benefits from an individual who has made a willful misrepresentation or otherwise perpetrated fraud to obtain paid-leave benefits provided for in this subchapter, the Mayor shall distribute a proportional share of the recovered amount to each covered employer who paid into the Universal Paid Leave Fund on behalf of that individual during the period that he or she improperly obtained benefits.
(2) For the purposes of paragraph (1) of this subsection, a covered employer's proportional share of the recovered amount shall be equal to the amount paid into the Universal Paid Leave Fund by that covered employer on behalf of the individual during the period that he or she improperly obtained benefits, expressed as a percentage of the total amount paid into the Universal Paid Leave Fund by all covered employers on behalf of the individual during the period that he or she improperly obtained benefits.
§ 32–541.10. Prohibited acts.
(a) It shall be unlawful for any person to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided by this subchapter.
(b) It shall be unlawful for an employer to retaliate in any manner against any person because the person:
(1) Opposes any practice made unlawful by this subchapter;
(2) Pursuant to or related to this subchapter:
(A) Files or attempts to file a charge;
(B) Institutes or attempts to institute a proceeding;
(C) Facilitates the institution of a proceeding; or
(D) Requests, applies for, or uses paid-leave benefits; or
(3) Gives any information or testimony in connection with an inquiry or proceeding related to this subchapter.
(c) It shall be unlawful for any individual to provide intentionally false statements in order to obtain paid-leave benefits.
§ 32–541.11. Investigative authority.
(a) An employer shall develop, maintain, and make available to the Mayor records regarding the employer's activities related to this subchapter that the Mayor may prescribe by rule.
(b) To ensure compliance with the provisions of this subchapter, the Mayor, consistent with constitutional guidelines, may:
(1) Investigate and gather data regarding any wage, hour, condition, or practice of employment related to this subchapter; and
(2) Enter or inspect any place of employment or record required by this subchapter after written notice has been given.
(c) For the purpose of any investigation provided for in this section, the Mayor may exercise the subpoena authority provided in § 1-301.21.
§ 32–541.12. Enforcement by civil action.
(a) Subject to the provisions in subsection (b) of this section, an eligible individual, the Attorney General for the District of Columbia, or the Mayor may bring a civil action against an employer to enforce the provisions of this act in a court of competent jurisdiction; except, that a civil action for a violation of § 32-541.07(j) may only be brought against an insurer and may not be brought against an employer or self-insured employer.
(b)(1) No civil action may be commenced more than one year after the occurrence or discovery of the alleged violation of this subchapter.
(2) This one-year limitations period shall be tolled during the course of any administrative proceedings or during any period when a covered employer has failed to comply with the notice provisions of this subchapter.
(c) If a court determines that an employer violated any provision of this subchapter, § 32-509(b)(6) and (7) shall apply.
Subchapter V. Universal Paid Leave Fund.
§ 32–551.01. Universal Paid Leave Fund.
(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 each fiscal year the Universal Paid Leave Administration Fund established pursuant to § 32-551.02(a) in the following amounts:
(A) No more than 15% of the money estimated to be deposited in the Fund for the purposes described in § 32-551.02(c)(1);
(B) No more than .75% of the money estimated to be deposited in the Fund for the purposes described in § 32-551.02(c)(2); and
(C) No more than 0.5% of the money estimated to be deposited in the Fund for the purposes described in § 32-551.02(c)(3).
(b-1) For the purposes of subsection (b) of this section, the phrase "money estimated to be deposited in the Fund" means the amount of revenue that the Chief Financial Officer estimates will be deposited in the Fund, as indicated in the certification provided by the Chief Financial Officer pursuant to § 32-541.04a(b), during the fiscal year in which the money in the Fund will be used to fund the Universal Paid Leave Administration Fund.
(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) As of December 31, 2021, and as of the last day of each quarter thereafter, the Chief Financial Officer shall compare its estimated costs of each type of paid-leave benefit with the actual cost of such leave during the most recently completed calendar quarter. If, on the basis of such comparison, the estimated cost of any type of paid-leave benefit was 3 or more times greater than the actual cost of such leave, then the Chief Financial Officer shall promptly deliver a letter to the Council disclosing the extent to which costs were overestimated, whether funds are sufficient to implement all or any portion of the paid-leave benefit expansions and the employer contribution rate change in the order set forth in § 32-541.04a(c), and the earliest point at which the benefits could be expanded or the employer contribution rate could be reduced.
(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.
(n) The cost of the benefits authorized under subchapter IV of this chapter shall be payable solely from the Fund. Nothing contained in subchapter IV of this chapter or this subchapter shall be construed to create an obligation on the part of the District to pay benefits from any source other than the Fund.
§ 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 subchapter IV of this chapter by DOES, including public education pursuant to §§ 32-541.04a(d) and [32-541.06(j)]; provided, that no more than 6% of the money appropriated annually for administration may be used for public education;
(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), (b), and (c).
(d)(1) 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.
(2) Notwithstanding any other provision of this section, up to 5 employees hired and employed with funds transferred pursuant to paragraph (1) of this subsection may perform work on matters other than enforcement pursuant to subchapter IV of this chapter; provided, that they prioritize enforcement.
(e)(1) 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.
(2) Notwithstanding any other provision of this section, the Office of Administrative Hearings may use funds transferred pursuant to paragraph (1) of this subsection for matters other than the hearing of appeals of claims determinations pursuant to subchapter IV of this chapter; provided, that it prioritizes the use of such funds for the hearing of appeals of claims determinations.
(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.
§ 32–551.03. Definitions.
For the purposes of this subchapter, the term "Act" means subchapter IV of this chapter.
Subchapter VI. Workplace Leave Navigators. [Repealed].
§ 32–561.01. Definitions. [Repealed]
Repealed.
§ 32–561.02. Workplace Leave Navigators Program. [Repealed]
Repealed.
