D.C. Mun. Regs. tit. 22, r. 22-B8406

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 22-B8406 - LEAVE OF ABSENCE

8406.1

Policy: The PBC shall grant specific types of paid or unpaid leave to employees, subject to the following provisions:

(a) An employee shall be on the PBC's payroll for at least six (6) months (unless otherwise noted) to be eligible for a leave of absence. However, short-term disability leave, disability compensation leave and military leave are exempt from the length of service eligibility requirements; and

(b) A leave of absence represents time away from work granted by the PBC at the request of the employee. The leave is arranged for a specific time period and is either paid or an unpaid leave.

8406.2

The following procedures apply to leaves of absence:

(a) All requests for a leave of absence must be in writing (unless otherwise noted) using a leave of absence request form and directed to the employee's manager for written approval. The request shall state the reason for the leave of absence and indicate the effective date and the anticipated date of return;

(b) Upon approval by the manager, the leave request and a signed requisition form must be submitted immediately to Human Resources;

(c) Personal or educational leaves may be granted up to thirty (30) days. Requests for extensions must be made in advance in writing prior to completion of the current thirty (30) days leave and directed to the manager for approval. The maximum number of times a leave can be extended is five (5);

(d) Leaves of absence that qualify under FMLA may be granted up to sixteen (16) weeks or the duration of the leave specified by the physician's documentation, whichever is less. After the applicable period, requests for extensions must be made in advance in writing and directed to the manager for approval. Extended leaves shall be granted up to thirty (30) days and total leave, including the FMLA portion, may not exceed six (6) months; and

(e) PBC holidays that fall within a leave of absence shall be without pay unless otherwise noted.

8406.3

The following terms shall be used for types of leave:

(a) Short-term disability leave: Leave granted to eligible employees for non-job related illnesses or injuries. See § 8410 for disability benefits available during such leave;

(b) Disability compensation leave: Leave granted to eligible employees who are injured or become ill as a result of their employment. See § 8411 for workers' compensation benefits available during such leave;

(c) Family and medical leave: Leave granted to eligible employees to provide care for a newly arrived child, a parent, spouse or child with a serious health condition or self-care for the employee's own serious health condition as mandated by law and subject to limits set forth in the "family and medical leave" policy;

(d) The following criteria is to be used for military leave:

(1) Leave granted by law to non-temporary employees who serve in the uniformed services and require time off from work. Service in the uniformed services includes active duty, active duty for training, inactive duty training, full-time National Guard duty, and absence due to a fitness for training examination;

(2) Employees who serve in the uniformed services for a period of less than thirty-one (31) days shall be granted a leave of absence for the required period upon written or verbal notice;

(3) Employees returning from a period of service in the uniformed services of more than thirty (30) days may be reinstated to a position of employment as required by law, provided that advance written or verbal notice of service was given, such employees apply for reinstatement within the time frames established by applicable law of their day of honorable discharge from military service, the employee has not exceeded the established service limitations, and re-employment is not impossible or unreasonable due to a change in circumstances. PBC may request documentation to establish an employee's entitlement for re-employment. Use of military leave of absence shall in no way reduce an employee's seniority length of service credit; and

(4) Employees shall use accrued vacation time or paid leave time prior to the commencement of their service in the uniformed services.

(e) Personal or Educational Leaves: Leave maybe granted to eligible employees who have certain compelling personal reasons or educational needs that may require time off from work.

8406.4

Continuation of benefits: The employee shall be responsible while on leave of absence to pay the premiums in advance for all insurance programs of which the employee is a member. Failure to pay the employee's portion shall result in loss of coverage. The insurance premiums are to be forwarded directly to Human Resources.

D.C. Mun. Regs. tit. 22, r. 22-B8406

Final Rulemaking published at 45 DCR 7353, 7378 (October 9, 1998)