Current through codified legislation effective October 30, 2024
Section 32-531.04 - Certification(a)(1) An employer may require that paid leave under § 32-131.02(b) for 3 or more consecutive days be supported by reasonable certification.(2) Reasonable certification may include: (A) A signed document from a health care provider, as defined in § 32-501(5), affirming the illness of the employee;(B) A police report indicating that the employee was a victim of stalking, domestic violence, or sexual abuse;(D) A signed statement from a victim and witness advocate, or domestic violence counselor, as defined in § 14-310(a)(2), affirming that the employee is involved in legal action related to stalking, domestic violence, or sexual abuse.(3) If certification is required by an employer, the employee shall provide a copy of the certification to the employer upon the employee's return to work.(b)(1) This subchapter shall not require a health care professional to disclose information in violation of section 1177 of the Social Security Act, approved August 21, 1996 (110 Stat. 2029; 42 U.S.C. § 1320d-6 ), or the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (110 Stat. 2033; 42 U.S.C. § 1320d-2, note).(2) All information provided to the employer under § 32-131.02 shall not be disclosed by the employer, except to the extent that the disclosure is: (A) Requested or consented to by the employee;(B) Ordered by a court or administrative agency; or(C) Otherwise required by applicable federal or local law.Amended by D.C. Law 24-9,§ I-105, 68 DCR 004824, eff. 6/24/2021, exp. 2/4/2022.Amended by D.C. Act23-405,§ I-104, 67 DCR 9400, eff. 8/19/2020.May 13, 2008, D.C. Law 17-152, § 5, 55 DCR 3452; May 27, 2020, D.C. Act 23-326, § 105(a)(4), 67 DCR 0.This section is set out more than once. See also 32-531.04, effective until 10/1/2022.