D.C. Mun. Regs. tit. 6, r. 6-B1244
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 advance); however, from time to time, employees may need to be absent from work unexpectedly for reasons such as a personal emergency or illness. Any leave not requested at least one business day prior to when the leave is scheduled to begin and approved shall be considered unscheduled leave.
Employees are entitled to unscheduled leave when circumstances beyond their control prevent them from reporting to work. An employee may also use unscheduled leave when authorized by the Mayor during a declared emergency as outlined in Subsection 1273.4. Except when an employee is placed on leave restriction, or when there is a uniform agency policy to the contrary, the use of unscheduled sick leave does not require supervisory approval. Notwithstanding the foregoing, a supervisor may deny the use of unscheduled leave if the supervisor has sound reason to believe that a legitimate personal emergency does not exist or the employee's presence on duty is essential to maintain minimum public services in the support or maintenance of public health, life, or property and the employee has been so notified.
An employee shall inform his or her immediate supervisor or, if not available, another supervisor within the employee's chain of command, of his or her need to take unscheduled leave. Except in exceptional circumstances, an employee shall notify his or her supervisor of the need to take unscheduled leave no later than two (2) hours prior to the beginning of the employee's scheduled tour of duty or as soon as the employee becomes aware of the need to take unscheduled leave, whichever is earlier. A request for unscheduled leave received after the start of the employee's tour of duty may be denied. Agencies may establish a written policy with a different notification period based on operational requirements.
Agency heads shall determine, and inform their subordinate employees in writing, whether notifying a co-worker, leaving a message on the supervisor's or an approved agency voicemail, sending an electronic mail, or submitting a leave request for unscheduled leave in the time reporting system shall be deemed as an adequate contact for employees notifying their supervisor of their need to take unscheduled leave. If no administrative order or agency policy is developed in this regard, then employees shall submit a leave request for unscheduled leave in the time reporting system.
The use of unscheduled leave shall be reported as "unscheduled annual leave," "unscheduled sick leave," "unscheduled leave without pay," "unscheduled compensatory time," or "unscheduled exempt time off" in the applicable time reporting system based upon the reason for the absence. When appropriate, employees on an approved telework agreement should consider requesting situational telework, as outlined in Subsection 1211.8, in lieu of using unscheduled leave.
As required by Subsection 1242.5, sick leave for pre-scheduled medical, dental, or optical examinations or treatments shall be requested in advance. In all other situations, the employee shall make requests for unscheduled sick leave pursuant to Subsection 1244.3.
An employee's immediate supervisor may restrict an employee's use of unscheduled leave whenever there is substantial evidence that the employee has engaged in a pattern or practice of leave abuse, such as:
Whenever a supervisor determines that an employee has engaged in an activity set forth in Subsection 1244.7, the employee may be placed on leave restriction. The period of leave restriction shall be outlined in writing and may not exceed ninety (90) days.
An employee who has been placed on leave restriction must receive permission directly from his or her supervisor or, if not available, directly from another supervisor in the chain of command, before taking unscheduled leave.
An employee under leave restriction who takes unscheduled leave without receiving prior supervisory approval, as specified in Subsection 1244.9, shall be placed in an Absence Without Official Leave status in accordance with section 1268; may be ordered to provide proof that he or she was seen by a health care provider; and shall be subject to administrative action as indicated in Chapter 16 (Corrective and Adverse Actions; Enforced Leave; and Grievances).
Upon completion of a prescribed period of leave restriction without incident, the employee shall be removed from leave restriction and may return to requesting unscheduled leave as indicated in Subsection 1244.4.
D.C. Mun. Regs. tit. 6, r. 6-B1244