D.C. Mun. Regs. tit. 6, r. 6-C1267

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

Rule 6-C1267 - LEAVE WITHOUT PAY

1267.1

Leave without pay shall be charged only for those hours during which an employee would otherwise work or for which he or she would be paid, but shall not be charged for hours for which an employee would receive overtime pay.

1267.2

The permissive nature of leave without pay distinguishes it from absence without leave, which shall be a nonpay status resulting from an agency determination that it will not grant annual leave, sick leave, compensatory time, or leave without pay, for a period of absence for which the employee did not obtain advance authorization or for which his or her request for leave has been denied.

1267.3

Except as provided by the D.C. FMLA and applicable federal law, authorizing leave without pay shall be a matter of administrative discretion.

1267.4

An employee shall not be entitled to be granted leave without pay as a matter of right, except for the following:

(a) A disabled veteran who is entitled to leave without pay, if necessary, for medical treatment; and

(b) A reservist and member of the National Guard who is entitled to leave without pay if necessary to perform military duties.

1267.5

Except in unusual circumstances or in furtherance of a program of interest to the District government when it is known in advance that the period of absence will exceed one (1) year, leave without pay shall not be authorized initially for any period in excess of fifty-two (52) calendar weeks.

1267.6

An agency head may approve leave without pay up to a maximum of fifty-two (52)

calendar weeks.

1267.7

A personnel authority may approve leave without pay for any period of time.

1267.8

Section 1267.5 of this section shall not apply to absence for service with the U.S. Armed Forces, or for service with restoration rights under section 827 of subtitle C of title 6.

1267.9

Leave without pay shall not extend beyond the termination of the employee's appointment.

1267.10

An employee may be involuntarily placed on leave without pay whenever:

(a) The employee is drawing disability compensation under Title XXIII of the CMPA (D.C. Official Code § 1-623.01 et seq.) (2006);

(b) The employee is excused from duty as provided in section 1262.18 of this chapter, and does not elect, or does not have to his or her credit, either annual leave or compensatory time; or

(c) The employee was originally granted court leave, has been excused as provided in section 1263.8 of this chapter, and does not elect, or does not have to his or her credit, either annual leave or compensatory time.

D.C. Mun. Regs. tit. 6, r. 6-C1267

Final Rulemaking published at 69 DCR 4210 (4/29/2022)