D.C. Mun. Regs. tit. 6, r. 6-B1286

Current through Register Vol. 71, No. 52, December 27, 2024
Rule 6-B1286 - GOVERNMENT FAMILY LEAVE PROGRAM - PROTECTIONS AND LIMITATIONS
1286.1

An employee who seeks or exercises his or her right to paid family leave shall enjoy the same employment and benefits protections afforded under DCFMLA (D.C. Official Code §§ 32-501et seq.) and federal FMLA (29 U.S.C. §§ 2601et seq.).

1286.2

An employee's use of paid family leave shall count against the sixteen (16) workweeks of family leave under Section 3 of the DCFMLA (D.C. Official Code 32-502) and, against the twelve (12) workweeks under the federal FMLA.

1286.3

An employee approved for paid family leave shall:

(a) Retain his or her employment, seniority, and group health plan coverage while on paid family leave; and
(b) Be returned to the same position that he or she held prior to commencing paid family leave, or to a substantially similar position, upon returning to work.
1286.4

An employee shall accrue annual and sick leave while on paid family leave.

1286.5

Paid family leave shall only be used for the purposes outlined in Sections 1283 and 1284 and only for the qualifying event for which approved.

1286.6

An employee may not expand his or her DCFMLA protections beyond sixteen (16) weeks by applying for paid family leave for the same qualifying event in which the DCFMLA was previously approved.

1286.7

An employee on paid family leave may not engage in outside employment if that employment would conflict with the employee's typical tour of duty with the District of Columbia government.

1286.8

An employee on paid family leave must provide care to the child or family member for whom the leave was approved on each day for which paid family leave is used. An employee shall not receive paid family leave when the qualifying child or family member is entrusted to the care of another individual (such as an aunt, uncle, sibling, etc.), other than a medical professional, for four (4) or more hours during the employee's typical tour of duty.

1286.9

A probationary employee who receives paid family leave shall have their probationary period extended by the length of the paid family leave.

1286.10

The maximum amount of time a probationary period can be extended, as provided in Subsection 1286.9 of this section, is eight (8) workweeks.

D.C. Mun. Regs. tit. 6, r. 6-B1286

Final Rulemaking published at 63 DCR 7646 (5/20/2016; amended by Final Rulemaking published at 64 DCR 9052 (9/15/2017)