District of Columbia Administrative Code

PAYOUT OF PAID LEAVE 3211.1 Accumulated paid leave shall not be reimbursed upon the discharge or resignation of an employee. SOURCE: Final Rulemaking published at 57 DCR 5231, 5236 (June 18, 2010). AUTHORITY: DC-DCMR Sections 11 and 14 of the Accrued Sick and Safe Leave Act of 20…

EFFECT ON CURRENT COMPENSATED LEAVE POLICIES An employer that has a paid leave policy, (for example, paid time off or universal leave) that gives the employee paid leave options to utilize at the employee’s discretion, which allow the accrual and usage of leave that are at least …

POSTING REQUIREMENTS AND PENALTIES The employer shall post and maintain in a conspicuous place a notice, prescribed and provided by the Mayor, which sets forth excerpts and summaries of the Act and contains information pertaining to the filing of complaints asserting violations o…

EFFECT ON EXISTING EMPLOYMENT BENEFITS The provisions of the Act do not alter the obligation of an employer to comply with any collective bargaining agreement or any employment benefit or plan that provides paid leave rights greater than those established by the Act. Subject to t…

PROHIBITED ACTS No employer or person acting on behalf of an employer shall interfere with, restrain, or otherwise deny the exercise or attempt to exercise of any right provided by the Act. An employer shall not discharge or discriminate in any manner against an employee because …

COMPLAINT RESOLUTION A person who believes that any of the rights created by the Act has been improperly denied him or her may file a complaint with the Department of Employment Services in the form and manner prescribed by the Director of the Department. Complaints shall be file…

PENALTIES Except as provided in § REF _Ref215279812 \r \h \* MERGEFORMAT 3213.3, an employer who willfully violates the requirements of the Act shall be assessed a civil penalty in the amount of five hundred dollars ($500) for the first violation, seven hundred and fifty dollars …

3299 DEFINITIONS When used in this Chapter, the term: Act – means the Accrued Safe and Sick Leave Act of 2008, effective May 13, 2008 (D.C. Law 17-152; D.C. Official Code § 32-131.01 et seq.). Day – means the length of the employee’s customary work day or work shift. Director – m…

3300 PURPOSE AND SCOPE 3300.1 The purpose of this chapter is to establish standards and procedures for the implementation of Title III-A of the Sustainable DC Omnibus Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20-142; D.C. Official Code § 32-151 et seq.) (the “A…

3301 TRANSIT BENEFIT PROGRAMS 3301.1 Pursuant to Section 302 of the Sustainable DC Omnibus Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20-142; D.C. Official Code § 32-152 (2012 Repl. & 2018 Supp.)), every covered employer must provide at least one (1) of the tran…

3302 PENALTIES AND FINES 3302.1 Covered employers who fail to offer at least one (1) transportation benefit program to each covered employee as required by Subsection 3301.1 shall be subject to civil fines and penalties, pursuant to Section 302(b) of the Sustainable DC Omnibus Am…

3303 NOTICE REQUIREMENTS 3303.1 The Department shall post an electronic notification on its website that explains the requirements of the Act. 3303.2 Covered employers shall notify covered employees of the available transit benefit program using commercially appropriate means, su…

3304 CALCULATION OF NUMBER OF EMPLOYEES 3304.1 In determining whether it is a covered employer under this chapter, an employer shall use the greater of (1) the number of full-time and part-time employees as of December 31st of the previous year or (2) the average number of employ…

3305 RECORDKEEPING REQUIREMENTS 3305.1 Covered employers shall maintain any documentation necessary to establish compliance with the requirements of the Act for a minimum of three (3) years. 3305.2 Covered employers shall be responsible for providing any documentation necessary t…

3306 COMPLAINT PROCEDURES 3306.1 Covered employees may file complaints alleging violations of the Act with the Department. 3306.2 (a) A complaint shall include: (1) A sworn allegation of a covered employer’s failure to provide a compliant transit benefit program; (2) The complain…

3399 DEFINITIONS 3399.1 Act means Title III-A of the Sustainable DC Omnibus Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20-142; D.C. Official Code § 32-152). Clean-air Transportation Fringe Benefit means the following benefits that are provided, in addition to co…

3400 EMPLOYER REGISTRATION 3400.1 Each covered employer with five (5) or more covered employees shall register through the online portal with the Department of Employment Services (DOES). Covered employers with fewer than five (5) covered employees who notify DOES that they do no…

3401 OPT-IN FOR SELF-EMPLOYED INDIVIDUALS 3401.1 An individual who earns self-employment income (“self-employed individual”) may opt into the paid-leave program within the following applicable open enrollment periods: (a) The first ninety (90) days of program commencement in 2019…

3402 OPT-OUT OF SELF-EMPLOYED INDIVIDUALS 3402.1 A self-employed individual who previously opted into the paid-leave program may elect to opt out of the paid-leave program through the online portal or through an electronic or non-electronic format approved by DOES. 3402.2 A self-…

3403 WAGES 3403.1 For the purposes of implementation of the Act, the term “wages” shall have the same meaning as provided in Section 1(3) of the District of Columbia Unemployment Compensation Act, approved August 28, 1935 (49 Stat. 946; D.C. Official Code § 51-101(3)); provided, …

3404 CONTRIBUTIONS BY COVERED EMPLOYERS TO THE UNIVERSAL PAID LEAVE IMPLEMENTATION FUND 3404.1 A covered employer shall contribute quarterly an amount equal to the percentage of the wages, as established pursuant to section 3404.10, for each of its covered employees, regardless o…

3405 COLLECTION PROCEDURES 3405.1 At any time after a covered employer or self-employed individual fails to file required reports or pay owed contributions, DOES shall inform the covered employer or self-employed individual of such failing by sending electronic notice via both th…

3406 ONLINE PORTAL 3406.1 All DOES communications with covered employers and self-employed individuals pursuant to the Act shall occur though the online portal, or through an electronic or non-electronic format approved by DOES. 3406.2 All covered employers and self-employed indi…

3407 EMPLOYER RESPONSIBILITIES 3407.1 Each covered employer shall post and maintain a paid leave program notice provided by DOES at each worksite in a conspicuous place or places where notices to employees are customarily posted. Covered employers shall send the notice to remote …

3408 RECORD KEEPING 3408.1 Covered employers are required to develop and maintain records pertaining to their obligations under the Act. Covered employers must keep the records for no less than three years and make them available for inspection, copying, and transcription by DOES…

3499 DEFINITIONS 3499.1 As used in this chapter: “Act” – means the Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. Law 21-264; D.C. Official Code §§ 32-541.01 et seq.). “Commencement of self-employment” – means: (a) The date that a self-employed individu…

3500 ELIGIBILITY FOR PAID LEAVE BENEFITS 3500.1 An individual shall be eligible for paid-leave benefits under this chapter if: (a) The individual experiences a qualifying event; (b) The individual does not perform his or her regular and customary work because of the occurrence of…

3501 SUBMITTING A CLAIM FOR PAID-LEAVE BENEFITS 3501.1 An applicant shall submit a claim for paid-leave benefits using the online portal, or an electronic or non-electronic format approved by DOES. 3501.2 An applicant may submit a claim for one (1) of the following four (4) types…

3502 PROCESSING CLAIMS FOR PAID LEAVE 3502.1 Within ten (10) business days after the filing of a claim for paid-leave benefits, a DOES claims examiner shall: (a) Notify the applicant of DOES’s determination of eligibility or ineligibility for the type of paid-leave benefits sough…

3503 CALCULATION OF WEEKLY BENEFIT AMOUNT 3503.1 Subject to other provisions in this chapter, including but not limited to Subsection 3503.2 and Sections 3504 and 3513, DOES shall calculate the weekly paid-leave benefit amount to which an eligible individual is entitled pursuant …

3504 WAITING PERIOD FOR BENEFITS 3504.1 After the occurrence of a qualifying event, an eligible individual shall not be entitled to paid-leave benefits payable under this chapter until after the eligible individual has waited seven (7) calendar days. 3504.2 No benefits shall be p…

3505 DURATION OF PAID-LEAVE BENEFITS 3505.1 (a) For all claims submitted before October 1, 2021, an eligible individual shall not receive more than: (1) Two (2) workweeks of qualifying medical leave for qualifying medical leave event(s) within a fifty-two (52) calendar week perio…

3506 CONTINUOUS AND INTERMITTENT LEAVE 3506.1 An eligible individual may elect to receive paid leave either intermittently or continuously. 3506.2 When receiving benefits payable for continuous leave, an eligible individual shall earn no income by performing his or her usual and …

3507 PAYMENT OF BENEFITS 3507.1 Subject to the other provisions of this chapter, DOES shall pay benefits to which the eligible individual is entitled on a biweekly payment schedule. 3507.2 The biweekly payment period shall begin on a Sunday and end on a Saturday. 3507.3 DOES shal…

3508 ONLINE PORTAL 3508.1 All claims for paid-leave benefits shall be submitted through the online portal, or an electronic or non-electronic format approved by DOES. 3508.2 All DOES communications pursuant to this chapter shall occur through the online portal, or an electronic o…

3509 EMPLOYEE NOTICE TO EMPLOYER 3509.1 (a) An eligible individual shall, to the extent practicable, provide written notice to his or her employer of the need for the use of paid-leave benefits before taking leave. (b) If the leave pursuant to this chapter is foreseeable, the eli…

3510 APPEALS OF CLAIM DETERMINATIONS 3510.1 If the applicant or eligible individual disagrees with all or any part of a claim determination issued pursuant to Sections 3502 or 3506, the applicant or eligible individual may appeal the claim determination to DOES’s Administrative A…

3511 DOES ADMINISTRATIVE APPEALS 3511.1 To request an administrative appeal to DOES’s Administrative Appeals Division of a claim determination issued under Sections 3502 or 3506, the applicant or eligible individual shall file a request for appeal with DOES within ten (10) busine…

3512 OAH APPEALS 3512.1 An applicant or eligible individual may appeal a claim determination issued under Sections 3502 or 3506, or a new determination issued under Section 3511, to the Office of Administrative Hearings. The appeal to the Office of Administrative Hearings must be…

3513 RELATIONSHIP TO OTHER BENEFITS AND INCOME 3513.1 If paid leave taken pursuant to this chapter also qualifies as protected leave pursuant to FMLA, or D.C. FMLA, the paid leave shall run concurrently with, and not in addition to, leave taken under those other acts. 3513.2 Noth…

3514 ERRONEOUS PAYMENTS AND DISQUALIFICATION FOR BENEFITS 3514.1 It is unlawful for any applicant or eligible individual to intentionally provide knowingly false statements to obtain paid-leave benefits. 3514.2 An eligible individual shall not earn income by performing his or her…

3515 REPAYMENT OF PAID-LEAVE BENEFITS 3515.1 In the event of erroneous payment or overpayment, DOES shall seek repayment of benefits from the recipient or the estate of a deceased recipient; provided, that the Director may waive, in whole or in part, the amount of any such paymen…

3516 COMPLAINTS 3516.1 A complaint alleging a violation of this chapter or the Act, other than a complaint regarding a claim determination (which shall be filed as an appeal as provided in this chapter), shall be filed with the Office of Human Rights and shall be governed by the …

3599 DEFINITIONS 3599.1 In addition to the definitions in 34 DCMR § 3499, the following definitions shall apply to this chapter: “Applicant” – means a person for whom a claim for paid family leave benefits has been submitted pursuant to section 3501. “Authorized representative” –…