For the purposes of this section as well as Sections 1272 through 1274 of this chapter, certain District government employees shall be designated as "essential" or "emergency" employees.
Critical District government operations cannot be suspended or interrupted during emergency situations such as those described in Subsection 1270.1 of this section. Agencies shall identify each agency position with duties that are vital to the continuity of medical facilities, public safety, emergency services, or other crucial operations, and shall designate employees occupying such positions as "essential employees." Employees designated as "essential" shall be required to be at work regardless of the emergency situation declared.
The position description with duties as described in Subsection 1271.2 of this section shall state that the incumbent of the position shall be considered an essential employee required to be at work when an emergency is declared, regardless of the emergency situation declared.
An employee designated as an "essential employee" under the provisions of Subsection 1271.2 of this section shall be identified by position title or other appropriate means, and shall be notified in writing of his or her designation as an essential employee and the specific requirements placed upon the employee in emergency situations. The written notification shall occur within thirty (30) days of the agency determination for current employees, or at the time of hire or appointment to the essential position for new employees, as applicable. The required thirty (30)-day notification period may be suspended during a period of a declared emergency.
An emergency employee is an employee whose services are necessary for the continuity of operations during a declared emergency. An emergency employee typically provides advice, recommendations, or specific functional support.
An emergency employee may be designated from any employment status category (including, but not limited to: Management Supervisory Service, Excepted Service, Legal Service, Career Service, Education Services, etc.).
An employee designated as an "emergency employee" under the standards of Subsection 1271.5 of this section shall be informed of the designation in writing within thirty (30) days of such designation. The required thirty (30)-day notification period and the requirement that notification be in writing may be suspended during a period of a declared emergency or during the period of time preceding an expected declaration of an emergency. A written notification shall follow a verbal notification.
An agency head may activate an employee designated as an "emergency employee" based on the nature and circumstances of a particular declared emergency. An emergency employee who has been designated and activated will be called in to work, required to stay at work, or required to telework, if approved to do so, during the particular emergency situation.
Upon determination by an agency head that an employee's position designation as an emergency employee is no longer applicable, the agency head shall notify the employee, in writing, within thirty (30) days of such determination.
Essential and emergency employees who are required to work during a declared emergency when non-essential and non-emergency employees are on administrative leave shall be entitled to compensation as provided in Section 1135 of Chapter 11 of these regulations.
D.C. Mun. Regs. tit. 6, r. 6-B1271