D.C. Mun. Regs. r. 4-1616

Current through Register Vol. 71, No. 33, August 16, 2024

Rule 4-1616 - CALCULATION OF LEAVE

1616.1

A private employer may choose any of the following methods for determining the twenty-four (24)-month period in which the sixteen (16) weeks of family leave and sixteen (16) workweeks of medical leave under DCFMLA may be taken by an employee:

(a) The calendar year;

(b) Any fixed twelve (12)-month leave year, such as a fiscal year, a

year required by state law, or a year starting on an employee's anniversary date;

(c) The twenty-four (24)-month period measured forward from the date any employee's first DCFMLA leave begins; or

(d) The twenty-four (24)-month period measured backward from the date an employee uses (or would use, pursuant to a request) DCFMLA leave.

1616.2

Employers may choose any of the alternatives described in § 1616.1 for the leave entitlements, provided that the alternative chosen is applied consistently and uniformly to all employees. Employers shall inform employees of the method it has chosen to calculate DCFMLA leave entitlements either as part of its general notice to employees, as described in § 1613, or in its eligibility notices to employees.

1616.3

For District government purposes, the FMLA Coordinator shall utilize the "twenty-four (24)-month period forward" alternative described in § 1616.1(c).

1616.4

For intermittent or reduced schedule leave, leave shall be counted based on the proportion of a normal workweek that the employee misses for DCFMLA leave purposes. For example, if an employee, who normally works five (5) days a week, takes two (2) days of intermittent DCFMLA leave, that leave shall be counted as two fifths (2/5) of one (1) workweek. If an employee who normally works forty (40) hours per week decreases to working thirty (30) hours per week due to reduced schedule DCFMLA leave, that leave shall be counted as one forth (1/4) of one (1) workweek for each week that such reduced schedule leave is maintained.

1616.5

The employer may designate leave on an hourly basis. Six hundred forty (640) hours shall equal 16 workweeks for a forty (40)-hour per week schedule.

D.C. Mun. Regs. r. 4-1616

Notice of Final Rulemaking published at 57 DCR 10788, 10808 (November 19, 2010)

Authority: The Director of the Office of Human Rights, pursuant to section 301(c) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1403.01(c) ), and Mayor's Order 2009-45, dated March 31, 2009.