D.C. Mun. Regs. tit. 4, r. 4-1613

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

Rule 4-1613 - NOTICE TO BE PROVIDED BY EMPLOYERS

1613.1

Each employer and each District of Columbia government agency, through its FMLA Coordinator or designee, shall provide written and verbal notice to employers of their DCFMLA rights and responsibilities and shall also answer questions from employees concerning their rights and responsibilities under the DCFMLA.

1613.2

An employer shall make DCFMLA information available to employees by posting it and including it in its employee handbook or manual. Posting includes displaying a hard copy in a conspicuous place frequented by employees or an electronic copy on the employer's website. If an employer does not maintain an employee handbook or manual, it shall distribute DCFMLA information to new employees in another form (such as through a handout or electronic (e-mail) distribution.

1613.3

When an employee requests DCFMLA leave, or when an employer acquires knowledge that an employee's leave may be for a DCFMLA-qualifying reason, the employer shall notify the employee of his or her eligibility under the Act in accordance with § 1613.4.

1613.4

Within five (5) days after an employee's request for leave under the DCFMLA, an employer shall provide written notice to the employee in the form of an eligibility letter. The eligibility letter shall notify the employee of the following:

(a) Whether the employee is an "eligible employee" for the purposes of the DCFMLA, as described in § 1603.1;

(b) If the employer determines that the employee is not an "eligible employee" for the purposes of the DCFMLA, as described in § 1602.1, the reasons for the employee's ineligibility;

(c) The specific expectations and obligations of the employee under the DCFMLA and, if applicable, federal FMLA (29 U.S.C. §§ 2601et seq.);

(d) The employee's rights under the DCFMLA and, if applicable, federal FMLA;

(e) The number of hours of leave which are available to the employee under the DCFMLA and, if applicable, federal FMLA; and

(f) If applicable, a notice that the employee must submit a certification as referenced in § 1615, if such certification is required by the employer.

1613.5

As described in § 1615, an employer may require that an employee submit a medical certification to the employer's FMLA Coordinator or designee within fifteen (15) days after the issuance of the eligibility letter, if the employee seeks to take medical leave. In addition, an employer may require the employee to submit a medical certification for leave related to a family member's serious health condition.

1613.6

After an employer receives a medical certification from an employee, as provided in § 1615, the employer, through its FMLA Coordinator or designee, shall be responsible for designating leave as DCFMLA or federal FMLA-qualifying, and for giving notice in writing of the designation to the employee within five (5) business days after receiving the medical certification, unless there are extenuating circumstances.

1613.7

If family or medical leave taken by an employee qualifies as DCFMLA and/or federal FMLA leave, the employer may designate the leave as DCFMLA and/or federal FMLA leave, regardless of whether the employee requested to have the leave designated.

1613.8

Notices provided to employees with limited English proficiency must comply with the Language Access Act of 2004 (D.C. Official Code §§ 2-1931et seq.).

1613.9

Failure to follow the notice requirements set forth in this section may constitute an interference with, restraint, or denial of the exercise of an employee's DCFMLA rights. An employer may be liable for compensation and benefits lost by reason of the violation, for other actual monetary losses sustained as a direct result of the violation, and for appropriate equitable or other relief, including employment, reinstatement, promotion, or any other relief tailored to the harm suffered.

D.C. Mun. Regs. tit. 4, r. 4-1613

Notice of Final Rulemaking published at 57 DCR 10788, 10803 (November 19, 2010)

Authority: The Director of the Office of Human Rights, pursuant to section 301(c) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1403.01(c)) , and Mayor's Order 2009-45, dated March 31, 2009.