District of Columbia Administrative Code

1239 ANNUAL LEAVE—RESTORATION 1239.1 As provided in section 1203 (h)(2) of the CMPA (D.C. Official Code § 1-612.03 (h)(2) (2006 Repl.)), annual leave may be restored when: An administrative error causes a loss of annual leave otherwise accruable after June 30, 1960; Exigencies of…

1240 PAYMENT FOR ANNUAL LEAVE 1240.1 An employee who accepts a position within the District government under a different leave system without a break in service, may elect either a lump-sum payment for any unused annual leave or have such leave retained for re-crediting purposes …

1241 ACCRUAL OF SICK LEAVE 1241.1 A full-time employee to whom this chapter applies shall accrue sick leave on the basis of four (4) hours for each full biweekly pay period. 1241.2 Sick leave shall be credited at the beginning of each full or partial (one-half (½)) pay period for…

1242 SICK LEAVE-GRANTING 1242.1 An agency head shall grant sick leave to an employee under any of the following circumstances: (a) When the employee requires personal medical, dental, or optical examination or treatment; (b) When the employee is incapacitated for the performance …

1243 SICK LEAVE–ADVANCING 1243.1 Agency heads or their subordinate supervisor designees are authorized to advance to an employee a maximum of two hundred forty (240) hours of sick leave in cases of serious disability or ailments, except: (a) When the agency head (or designee) has…

1244 UNSCHEDULED LEAVE AND LEAVE RESTRICTION 1244.1 The process for requesting leave is to submit a request at least one business day prior to when the leave is scheduled to begin (agencies may establish policies requiring that a leave request be submitted more than one day in ad…

1245 FLSA COMPENSATORY TIME-ACCRUING 1245.1 Compensatory time is an authorized absence from official duty in lieu of payment of authorized overtime as provided in Chapter 11 of these regulations. 1245.2 Compensatory time shall be accrued in fifteen-minute (15-minute) increments. …

1246 FLSA COMPENSATORY TIME-GRANTING 1246.1 An employee may be authorized to use, at the employee’s request, compensatory time in lieu of using annual leave, sick leave, leave without pay, or unscheduled leave. 1246.2 To the maximum extent practicable, compensatory time should be…

1247 PAYMENT FOR FLSA COMPENSATORY TIME 1247.1 An employee shall be given a lump-sum payment for any FLSA compensatory time in his or her account at the time of separation from District government service, regardless of the nature of the separation. SOURCE: Final Rulemaking publi…

1248 EXEMPT TIME OFF 1248.1 Exempt time off may be authorized as provided in Section 1139 of Chapter 11 of these regulations. 1248.2 An employee may be authorized to use, at the employee’s request, exempt time off in lieu of using annual leave, sick leave, leave without pay, or u…

1249 RESERVED SOURCE: Final Rulemaking published at 54 DCR 11538 (November 30, 2007).

1250 ANNUAL LEAVE BANK – GENERAL 1250.1 Sections 1250 through 1258 of this chapter are promulgated to implement annual leave bank provisions in sections 1205 through 1211 of the CMPA (D.C. Official Code §§ 1-612.05 through 1-612.11 (2006 Repl.)). 1250.2 The Annual Leave Bank Prog…

1251 ESTABLISHING AND OPERATING ANNUAL LEAVE BANKS 1251.1 Each personnel authority shall: (a) Develop written policies and procedures in accordance with these regulations to establish and administer an annual leave bank for employees under its jurisdiction for the purpose of accu…

1252 APPLICATION TO BECOME A LEAVE DONOR AND LEAVE BANK MEMBER 1252.1 An employee may make voluntary written application to the annual leave bank established by his or her personnel authority to become a leave donor at any time during the leave year subject to the limitations pro…

1253 APPLICATION TO BECOME A LEAVE RECIPIENT 1253.1 A leave bank member may make written application to his or her personnel authority to become a leave recipient. 1253.2 If a leave bank member is not capable of making application on his or her own behalf, another employee of the…

1254 APPROVAL OF APPLICATION TO BECOME A LEAVE RECIPIENT 1254.1 Each personnel authority shall review the applications to become a leave recipient under procedures developed by that personnel authority for the purpose of determining whether the employee is a leave bank member who…

1255 CREDITING ANNUAL LEAVE BANK HOURS 1255.1 Upon approval of an application to become a leave recipient, annual leave bank hours shall be credited to the leave recipient effective the first pay period during which the employee suffered a substantial loss of income. 1255.2 Annua…

1256 USE OF LEAVE WITHDRAWN FROM A LEAVE BANK 1256.1 A leave recipient may use leave withdrawn from a leave bank only for the specific medical emergency for which the application to become a leave recipient was approved. 1256.2 A leave recipient shall continue to accrue annual le…

1257 TERMINATION OF MEDICAL EMERGENCIES 1257.1 The medical emergency affecting a leave recipient shall terminate when: (a) The leave recipient's employment is terminated; or (b) The leave recipient is no longer affected by the medical emergency. 1257.2 Each personnel authority sh…

1258 RECORDS AND REPORTS 1258.1 Each personnel authority shall maintain the following records on a leave year basis: (a) The name, grade, step and scheduled rate of basic pay of each leave donor, the total number of hours of annual leave he or she donated to the leave bank and th…

1259 EXCUSED ABSENCE IN CONNECTION WITH SERVING AS A BONE MARROW OR ORGAN DONOR 1259.1 An employee of the District government is entitled to up to seven (7) workdays of excused absence in a calendar year, without loss or reduction in pay, leave, or credit for time of service, to …

1260 ABSENCE FOR MATERNITY REASONS 1260.1 The granting of approved absence for maternity reasons may be by a combination of one (1) or more of the following: (a) Sick leave; (b) Annual leave; (c) Compensatory time; (d) Exempt time off; or (e) Leave without pay. 1260.2 Except as p…

1261 FUNERAL AND FAMILY BEREAVEMENT LEAVE 1261.1 (a) In accordance with the Funeral and Memorial Service Leave Amendment Act of 2013, effective February 22, 2014 (D.C. Law 20-83; D.C. Official Code § 1-612.03(n) (2016 Repl.)), an employee shall be entitled to not more than three …

1262 MILITARY LEAVE 1262.1 For the purposes of this section, the following terms have the meaning ascribed: Reserve component of the Armed Forces - the Army National Guard of the United States; the Army Reserve; the Naval Reserve; the Marine Corps Reserve; the Air National Guard …

1263 COURT LEAVE 1263.1 Court leave shall be the authorized absence from work status without loss of or reduction in pay, leave to which otherwise entitled, or credit for time or service, of an employee other than an employee on a when-actually-employed (WAE) or intermittent basi…

1264 JURY SERVICE 1264.1 Jury service for which court leave is authorized shall include any service as either a grand juror or petit juror in any jurisdiction, including time spent pursuant to a summons to appear for such service, whether or not actually selected to serve on such…

1265 WITNESS SERVICE 1265.1 An employee shall receive paid court leave pursuant to § 1263 for the time the employee spends providing testimony or to producing evidence when a court or administrative tribunal summons the employee to appear and provide testimony or to produce evide…

1266 ADMINISTRATIVE LEAVE 1266.1 Administrative leave may be granted by an agency head, at his or her discretion, for up to ten (10) consecutive workdays. 1266.2 Administrative leave in excess of ten (10) consecutive workdays may be granted only with the approval of the personnel…

1267 LEAVE WITHOUT PAY 1267.1 Leave without pay shall be charged only for those hours during which an employee would otherwise work or for which he or she would be paid, but shall not be charged for hours for which an employee would receive overtime pay. 1267.2 The permissive nat…

1268 ABSENCE WITHOUT LEAVE 1268.1 An absence from duty that was not authorized or approved, or for which a leave request has been denied, shall be charged on the leave record as “absence without leave (AWOL).” The AWOL action may be taken whether or not the employee has leave to …

1269 RESERVED SOURCE: Final Rulemaking published at 54 DCR 11575(November 30, 2007)

1270 DECLARED EMERGENCIES—IN GENERAL 1270.1 During a declared emergency, the following situations may occur: (a) In response to circumstances that develop while employees are at work, employees may be dismissed early as provided in Section 1272 of this chapter; (b) In response to…

1271 DECLARED EMERGENCIES—EMERGENCY AND ESSENTIAL EMPLOYEES 1271.1 For the purposes of this section as well as Sections 1272 through 1274 of this chapter, certain District government employees shall be designated as “essential” or “emergency” employees. 1271.2 Critical District g…

1272 DECLARED EMERGENCIES—EARLY DISMISSALS 1272.1 The Mayor may, whenever he or she deems it to be appropriate in the public interest, authorize the early dismissal of employees, whereupon he or she shall notify agencies to dismiss, for a specified period of time, and grant admin…

1273 DECLARED EMERGENCIES—LATE ARRIVAL, UNSCHEDULED LEAVE, OR UNSCHEDULED TELEWORK POLICY 1273.1 The Mayor may, whenever he or she deems it to be appropriate and in the public interest, authorize one or all of the following: (a) A late arrival policy authorizing a designated numb…

1274 DECLARED EMERGENCIES—SHUT-DOWN 1274.1 The Mayor may, whenever he or she deems it to be appropriate and in the public interest, authorize the shut-down of all non-essential District government operations prior to the commencement of normal duty hours. 1274.2 Agency heads and …

1279 PAID LEAVE PURSUANT TO THE ACCRUED SICK AND SAFE LEAVE ACT OF 2008 (D.C. LAW 17-152), AS AMENDED 1279.1 The Accrued Sick and Safe Leave Act of 2008 (“Act”), effective May 13, 2008 (D.C. Law 17-152; D.C. Official Code §§ 32-131.01, et seq. (2012 Repl. & 2016 Supp.)), provides…

1280 PARENTAL LEAVE 1280.1 District government employees are covered by the provisions of the Parental Leave Act (Act), effective August 17, 1994 (D.C. Law 10-146; D.C. Official Code §§ 32-1201, et seq. (2010 Repl.)). Regulations on the Act, adopted by the Office of Human Rights,…

1281 FAMILY AND MEDICAL LEAVE 1281.1 District government employees are covered by the provisions of D.C. Official Code § 32-501 et seq. (2006) establishing the D.C. FMLA; and the provisions of the federal Family and Medical Leave Act (federal FMLA), approved January 5, 1993 (P.L.…

1282 VOLUNTARY LEAVE TRANSFER PROGRAM 1282.1 District government employees are covered by the provisions of D.C. Official Code § 1-612.31 et seq. (2006) establishing the Voluntary Leave Transfer Program for the District government. 1282.2 In accordance with D.C. Official Code § 1…

1283 GOVERNMENT FAMILY LEAVE PROGRAM – GENERAL PROVISIONS 1283.1 Eligible District government employees are entitled to up to eight (8) workweeks of paid family leave within a twelve (12) month period for a single qualifying event. Qualifying events are described in Subsection 12…

1284 GOVERNMENT FAMILY LEAVE PROGRAM – ELIGIBILITY 1284.1 To be eligible for the paid family leave program, the employee must meet the following criteria: The employee must not be a temporary employee appointed for less than ninety (90) days; or The employee must not be an interm…

1285 GOVERNMENT FAMILY LEAVE PROGRAM – APPLICATION 1285.1 To apply for paid family leave, an employee shall submit the District of Columbia Family and Medical Leave Act (DCFMLA), Request for Family and Medical Leave and Government Family Leave application and provide any required…

1286 GOVERNMENT FAMILY LEAVE PROGRAM – PROTECTIONS AND LIMITATIONS 1286.1 An employee who seeks or exercises his or her right to paid family leave shall enjoy the same employment and benefits protections afforded under DCFMLA (D.C. Official Code §§ 32-501 et seq.) and federal FML…

1287 GOVERNMENT FAMILY LEAVE PROGRAM – PREMIUM PAY 1287.1 A District government employee who qualifies for and has been approved for paid family leave shall not be entitled to receive premium pay, as provided in Chapter 11 of the regulations, during hours that an employee receive…

1288 GOVERNMENT FAMILY LEAVE PROGRAM – MISUSE OF PAID FAMILY LEAVE 1288.1 When an agency head (or his or her designee) has determined that an employee has used paid family leave for a purpose other than that specified in supporting documentation submitted by the employee, or as p…