District of Columbia Administrative Code

1170 DISTRICT OF COLUMBIA PRE-TAX BENEFITS PROGRAM 1170.1 The District of Columbia tax-favored and pre-tax benefits program, hereinafter the D.C. Pre-Tax Plan, is hereby established pursuant to the provisions of the District of Columbia Government Comprehensive Personnel Act of 1…

1171 ADMINISTRATION 1171.1 The Director of the Office of Personnel (Director) shall be the Plan Administrator for the D.C. Pre-Tax Plan. The Director may, at his or her discretion, designate a third party administrator for the plan. 1171.2 The Plan Administrator shall notify all …

1172 COVERAGE 1172.1 An eligible employee may elect to participate in the Dependent Care Flexible Spending Account and the Medical Expense Flexible Spending Account by completing and signing an enrollment form for that benefit as prescribed by the Plan Administrator. 1172.2 An em…

1173 CONTRIBUTIONS 1173.1 Employee contributions to the D.C. Pre-Tax Plan shall be made in accordance with the requirements of the Internal Revenue Code. Such pre-tax contributions shall not reduce the employee's rate of basic pay upon which retirement, pension, or other benefits…

1174 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT 1174.1 A dependent care plan within the meaning of 129 of the Internal Revenue Code provides a pre-tax benefit to participants that enables them to recover certain dependent care costs. A participant in a Dependent Care Flexible Spend…

1175 MEDICAL EXPENSE FLEXIBLE SPENDING ACCOUNT 1175.1 A self-insured medical reimbursement plan within the meaning of 105 of the Internal Revenue Code provides a pre-tax benefit to participants that will enable them to recover certain unreimbursed health care costs. A participant…

1176 GROUP LEGAL SERVICES PROGRAM (INTERNAL REVENUE CODE OF 2000, § 120) (RESERVED) SOURCE: Final Rulemaking published at 48 DCR 5004 (June 1, 2001).

1177 EDUCATIONAL ASSISTANCE PROGRAMS (INTERNAL REVENUE CODE OF 2000, § 127) (RESERVED) SOURCE: Final Rulemaking published at 48 DCR 5004 (June 1, 2001).

1178 QUALIFIED TRANSPORTATION FRINGE BENEFIT (INTERNAL REVENUE CODE OF 2000,§ 132(F)) (RESERVED) SOURCE: Final Rulemaking published at 48 DCR 5004 (June 1, 2001).

1199 DEFINITIONS 1199.1 In this chapter, the following terms have the meaning ascribed: Active duty - full-time duty in the active military service of the United States for the Operation Enduring Freedom conflict, or, in preparation for, or, for the Operation Iraqi Freedom confli…

1201 STATUTORY AUTHORITY AND APPLICABILITY 1201.1 The statutory authority for this chapter is Title XII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-612.01, et seq. (2006 …

1202 DELEGATION OF AUTHORITY 1202.1 Whenever in this chapter it is provided that a decision may be made or an action may be taken by “the Mayor,” an “agency head,” the “Director, D.C. Department of Human Resources,” a “personnel authority,” or “another designated official,” the a…

1203 ESTABLISHMENT OF WORKWEEKS 1203.1 An agency head shall establish the following with respect to each group of full-time employees to whom this chapter applies: (a) A basic workweek of forty (40) hours that does not extend over more than six (6) of any seven (7) consecutive ca…

1204 ESTABLISHMENT OF SCHEDULED TOURS OF DUTY 1204.1 Agencies shall establish scheduled tours of duty consistent with the provisions of Subsection 1204.2 of this section, except when the Mayor determines that an agency would be seriously handicapped in carrying out its functions,…

1205 VARIATIONS IN WORK SCHEDULES FOR EDUCATIONAL PURPOSES 1205.1 This section applies to training, whether or not it is provided in accordance with Chapter 13 of these regulations. 1205.2 Notwithstanding the provisions of section 1203.1 of this chapter, an agency head may author…

1206 VARIATIONS IN WORK SCHEDULES FOR RELIGIOUS OBSERVANCES 1206.1 Pursuant to section 701 (b) through (f) of the CMPA (D.C. Official Code § 1-607.01 (b) through (f)) (2006), and notwithstanding the provisions of section 1203.1 of this chapter, and to the extent that a variation …

1207 TRAVEL ON OFFICIAL TIME 1207.1 Insofar as practicable, travel during non-duty hours shall not be required of an employee. 1207.2 When an employee is required to travel outside of his or her regularly scheduled administrative workweek, the employee is to be given overtime com…

1208 ALTERNATIVE WORK SCHEDULES 1208.1 An alternative work schedule, as defined in Section 1299 of this chapter, is inclusive of: A flexible work schedule, pursuant to Section 1209; and A compressed work schedule, pursuant to Section 1210. 1208.2 The Mayor may establish a mandato…

1209 FLEXIBLE WORK SCHEDULE 1209.1 Pursuant to Section 1201(e) of the CMPA (D.C. Official Code § 1‑612.01(e) (2014 Repl.)), a flexible work schedule may be established by an agency for employees when: (a) Such a work schedule is considered both practicable and feasible in terms o…

1210 COMPRESSED WORK SCHEDULE 1210.1 Pursuant to Section XII of the CMPA (D.C. Official Code § 1-612.01 (2014 Repl.)), a compressed work schedule may be established by an agency for employees when: (a) Such a work schedule is considered both practicable and feasible in terms of i…

1211 TELEWORK 1211.1 Telework is an arrangement in which an employee routinely, during a declared emergency (if directed to do so), or in situational cases as specified in this section, performs officially assigned duties at his or her home address of record. 1211.2 Based on the …

1212 REST AND LUNCH PERIODS tc \l1 "1212 REST PERIODS 1212.1 At the discretion of an agency head, a rest period of fifteen (15) minutes during each four (4) hour period of work may be authorized. Rest periods for an individual employee or small groups of employees are authorized …

1213 CHANGES IN SCHEDULED TOURS OF DUTY 1213.1 Scheduled tours of duty in effect when these regulations become effective shall remain in effect until action is taken in accordance with these regulations to implement a change. SOURCE: Final Rulemaking published at 54 DCR 11538(Nov…

1214 RESERVED SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

1215 RESERVED SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

1216 RESERVED SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

1217 RESERVED SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

1218 RESERVED SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

1219 RESERVED SOURCE: Final Rulemaking published at 54 DCR 11538(November 30, 2007).

1220 LEGAL PUBLIC HOLIDAYS 1220.1 Pursuant to section 1202(a) of the CMPA (D.C. Official Code § 1‑612.02 (a) (2011 Supp.)) the following days are legal public holidays for District government employees covered by this chapter: (a) New Year’s Day, January 1st of each year; (b) Dr.…

1221 ENTITLEMENT TO HOLIDAYS 1221.1 Each full-time employee, and each part-time employee with a scheduled tour of duty, except student employees paid by stipend, shall be entitled to holidays as provided in section 1222 of this chapter. SOURCE: Final Rulemaking published at 54 DC…

1222 DETERMINING HOLIDAYS 1222.1 Pursuant to section 1202 (b) of the CMPA (D.C. Official Code § 1-612.02 (b)) (2006), in-lieu-of holidays shall be determined as follows for purposes of pay and leave: (a) Whenever a legal public holiday falls on a workday in the basic workweek of …

1223 EFFECT OF HOLIDAYS 1223.1 The occurrence of a legal public holiday shall not affect the designation of the basic workweek. 1223.2 An employee who is excused from duty on a holiday shall be entitled to the same pay for that day as for a day on which an ordinary day’s work is …

1224 LEGAL PRIVATE HOLIDAY 1224.1 Pursuant to section 1202a of the CMPA (D.C. Official Code § 1-612.02a) (2006), a legal private holiday is a day on which any paid leave or unpaid leave provided by this chapter may be granted. SOURCE: Final Rulemaking published at 54 DCR 11538 (N…

1225 RESERVED SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007).

1226 RESERVED SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007).

1227 GENERAL PROVISIONS FOR ANNUAL AND SICK LEAVE 1227.1 As provided in section 1203(a) of the CMPA (D.C. Official Code § 1‑612.03 (a) (2006 Repl.)), an employee shall be entitled to earn both annual and sick leave as provided herein, except for the following: (a) An intermittent…

1228 ENTITLEMENT TO ACCRUE ANNUAL AND SICK LEAVE 1228.1 A full-time employee: (a) May accrue leave only when employed for a full workweek; and (b) Shall be deemed employed for a full workweek if he or she is employed during the days within that week, exclusive of holidays and non…

1229 ANNUAL LEAVE, SICK LEAVE, LEAVE WITHOUT PAY, AND ABSENCE WITHOUT LEAVE-GENERAL 1229.1 The minimum charge for annual leave, sick leave, leave without pay, and absence without leave shall be one (1) hour, and additional charges shall be in multiples thereof. 1229.2 Scheduled l…

1230 REPAYMENT OF ADVANCED ANNUAL OR ADVANCED SICK LEAVE 1230.1 Except as provided in section 1230.2 of this section, when an employee who is indebted for advanced leave is separated, the agency shall either: (a) Require a repayment in the amount paid to the employee for the peri…

1231 TRANSFER AND RE-CREDIT OF ANNUAL AND SICK LEAVE 1231.1 When an employee subject to this chapter transfers between agencies, the Office of the Chief Financial Officer shall certify the employee’s annual and sick leave accounts to the employing agency for credit or charge. 123…

1232 ACCRUAL OF ANNUAL LEAVE 1232.1 Except as specified in subsection 1232.6 of this section, a full-time employee to whom this chapter applies shall earn annual leave as follows: (a) An employee with less than three (3) years of service shall earn four (4) hours for each full bi…

1233 ANNUAL LEAVE ACCRUAL – QUALIFYING SERVICE tc \l1 "1236 ANNUAL LEAVE—DETERMINING CREDITABLE SERVICE 1233.1 Except as described in subsections 1232.6 and 1232.7, when determining years of qualifying government service for annual leave accrual an employee shall be entitled to r…

1234 ANNUAL LEAVE-QUALIFYING PERIOD 1234.1 If a temporary appointment is for less than ninety (90) days, the employee shall not be entitled to earn annual leave. 1234.2 If a temporary appointment for less than ninety (90) days is extended for an additional ninety (90) days or lon…

1235 ANNUAL LEAVE – GRANTINGtc \l1 "1238 ANNUAL LEAVE—GRANTING 1235.1 Annual leave may be used by an employee for any reason, but is intended primarily to be used for the following two (2) general purposes: (a) To allow the employee vacation periods of extended leave every year f…

1236 [RESERVED]tc \l1 "1238 ANNUAL LEAVE—GRANTING SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 59 DCR 2690 (April 6, 2012); as amended by Final Rulemaking published at 64 DCR 9052 (September 15, 2017). Distric…

1237 ANNUAL LEAVE – ADVANCING 1237.1 Agency heads or their subordinate supervisor designees are authorized to advance annual leave to eligible employees in advance of its accrual, in individual cases, up to the amount of annual leave expected to be earned during the balance of th…

1238 ANNUAL LEAVE-MAXIMUM ACCUMULATION 1238.1 Pursuant to section 1238.3 of this section, annual leave that is not used by an employee shall accumulate for use in succeeding years, except that annual leave in excess of two hundred forty (240) hours at the beginning of the first f…