D.C. Mun. Regs. tit. 6, r. 6-B1279

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

Rule 6-B1279 - PAID LEAVE PURSUANT TO THE ACCRUED SICK AND SAFE LEAVE ACT OF 2008 (D.C. LAW 17-152)

1279.1

The Accrued Sick and Safe Leave Act of 2008 ("Act"), effective May 13, 2008 (D.C. Law 17-152; D.C. Official Code §§ 32-131.01, et seq. (2012 Repl. & 2016 Supp.)), provides paid leave to covered employees for illness and for absences associated with domestic violence and sexual abuse.

1279.2

The provisions of this section shall only apply to "covered employees." For the purposes of this section, a "covered employee" is a temporary employee who has been continuously employed under a "When Actually Employed" (WAE) (also known as intermittent) appointment for at least ninety (90) days. The District government has paid leave policies, as specified in this chapter, which provide leave options at higher accrual rates than those provided in this section. Employees in non-WAE positions are covered by those leave options, rather than by this section.

1279.3

An employee's paid leave under this section shall accrue in accordance with the District government's established biweekly pay period, and at the beginning of his or her employment. Covered employees are provided with not less than one (1) hour of paid leave for every thirty seven (37) hours worked, not to exceed seven (7) days a year.

1279.4

Covered employees shall accrue paid leave on a prorated basis at a rate of (1) hour of paid leave per biweekly pay period. An employee may begin to access the accrued paid leave after ninety (90) days of service with the District government.

1279.5

Paid leave accrued under this section may be used by a covered employee for any of the following:

(a) An absence resulting from a physical or mental illness, injury, or medical condition of the employee;

(b) An absence resulting from obtaining a professional medical diagnosis or care, or preventive medical care, for the employee;

(c) An absence for the purpose of caring for a family member who has any of the conditions or needs for diagnosis or care described in paragraphs (a) and (b) of this subsection; or

(d) An absence if the employee or the employee's family member is a victim of stalking, domestic violence, or sexual abuse; provided, the employee seeking leave under paragraph (d) of this subsection, may:

(1) Seek medical attention for the employee or the employee's family member to treat or recover from physical or psychological injury or disability caused by an incident of stalking, domestic violence, or sexual abuse;

(2) Obtain services from a victim services organization;

(3) Obtain psychological or other counseling services;

(4) Temporarily or permanently relocate;

(5) Take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from an incident of stalking, domestic violence, or sexual abuse; or

(6) Take other actions to enhance the physical, psychological, or economic health or safety of the employee or the employee's family member or to enhance the safety of those who associate or work with the employee.

1279.6

Unused paid leave accrued by a covered employee who separates from employment and is rehired within one (1) year of separation shall be reinstated. The employee shall be entitled to use the accrued paid leave and accrue additional paid leave immediately upon re-employment provided that the employee had previously been eligible to use paid leave.

1279.7

Unused paid leave accrued by an employee subject to this section who separates from employment for more than one (1) year, shall not be reinstated, and the employee shall be considered as being on a new appointment for purposes of leave accrual and access as provided in Subsections 1279.3 and 1279.4.

1279.8

The use of paid leave by a covered employee in accordance with this section shall not subject the employee to discipline, termination, demotion, suspension or other corrective or adverse action.

1279.9

If the Mayor (or his or her designee) determines that a District agency under the Mayor's personnel authority has violated any provisions of this section, the Mayor (or his or her designee) shall order affirmative remedies in accordance with provisions contained in the Act.

1279.10

The District government shall retain records documenting the hours worked and the paid leave taken by an employee subject to the provisions of this section for a period of three (3) years. The District government shall allow access to the retained records by the Mayor and the D.C. Auditor, with appropriate notice.

1279.11

For the purposes of this section, the following terms shall have the meanings ascribed:

Domestic violence - an intrafamily offense as defined in D.C. Official Code § 16 -1001(8).

Employee - any individual employed by the District government.

Family member - (a) a spouse, including the person identified by an employee as his or her domestic partner, as defined in Section 2(3) of the Health Care Benefits Expansion Act of 1992, effective June 11, 1992 (D.C. Law 9-114; D.C. Official Code § 32-701(3) (2012 Repl.)); (b) the parents of a spouse; (c) children (including foster children and grandchildren); (d) the spouses of children; (e) parents; (f) brothers and sisters; (g) the spouses of brothers and sisters; (h) a child who lives with an employee and for whom the employee permanently assumes and discharges parental responsibility; or (i) a person with whom the employee shares or has shared, for not less than the preceding twelve (12) months, a mutual residence and with whom the employee maintains a committed relationship, as defined in Section 2(1) of the Health Care Benefits Expansion Act of 1992, effective June 11, 1992 (D.C. Law 9-114; D.C. Official Code § 32-701(1) ).

Paid leave - accrued increments of compensated leave provided by the District for use by an employee.

Sexual abuse - any offense described in the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. Official Code §§ 22-3001et seq. (2012 Repl. & 2016 Supp.)).

D.C. Mun. Regs. tit. 6, r. 6-B1279

Final Rulemaking published at 54 DCR 11578 (November 30, 2007); as amended by Notice of Final Rulemaking published at 59 DCR 2690, 2705 (April 6, 2012); as Amended by Final Rulemaking published at 61 DCR 11412 (October 31, 2014); amended by Final Rulemaking published at 64 DCR 9052 (9/15/2017)

Authority: The Director of the D.C. Department of Human Resources, with the concurrence of the City Administrator, pursuant to Mayor's Order 2008-92, dated June 26, 2008, and in accordance with Title XII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-612.11 (2006 Repl.)).