D.C. Mun. Regs. tit. 4, r. 4-1618

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

Rule 4-1618 - EXCEPTION TO ELIGIBILITY-SCHOOL EMPLOYEES

1618.1

If the conditions of eligibility in § 1604 are met, a local educational agency ("educational agency") or private elementary or secondary school ("school") may require an employee who is employed principally in an instructional capacity to elect to:

(a) Take family or medical leave for periods not to exceed the exact duration of inpatient care or continuing treatment by a medical provider; or

(b) Transfer temporarily to an available alternative position offered by the educational agency or school for which the employee is qualified, which has equivalent pay and benefits, and better accommodates the recurring periods of leave than the employee's regular employment position.

1618.2

This section shall apply if the employee described in § 1618.1:

(a) Elects to take family leave or medical leave that is foreseeable based on planned medical treatment or supervision;

(b) Would be on leave for greater than twenty percent (20%) of the total number of working days in the period during which leave would extend; and

(c) Complies with sections 3(g) or 4(c) of the DCFMLA (D.C. Official Code § 32-502(g) or § 32 -503(c)).

1618.3

If an employee of an educational agency or school who is employed principally in an instructional capacity begins family or medical leave more than five (5) weeks before the end of the academic term, the educational agency or school may require the employee to continue to take leave until the end of the term if:

(a) The leave is at least three (3) weeks in duration; and

(b) The return to employment would occur during the three (3) week period before the end of the academic term.

1618.4

If an employee of an educational agency or school who is employed principally in an instructional capacity begins medical or family leave under § 1605 or § 1606 during the period that commences from more than three (3) weeks and up to and including five (5) weeks before the end of the academic term, the educational agency or school may require the employee to continue to take leave until the end of the term if:

(a) The leave is greater than two (2) weeks in duration; and

(b) The return to employment would occur during the two (2) week period before the end of the academic term.

1618.5

If an employee of an educational agency or school who is employed principally in an instructional capacity begins leave under § 1605 or § 1606 during the period that commences three (3) weeks or less before the end of the academic term and the duration of the leave is greater than five (5) working days, the educational agency or school may require the employee to continue to take leave until the end of the term.

1618.6

For purposes of a restoration of employment determination under section 6(d)(2) of the DCFMLA (D.C. Official Code § 32-505(d)(2)) , in the case of an educational agency or school, the determination shall be made on the basis of established educational agency or school policies, practices, and collective bargaining agreements.

D.C. Mun. Regs. tit. 4, r. 4-1618

Notice of Final Rulemaking published at 57 DCR 10788, 10811 (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.