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AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to
update the Districts paid family leave program to provide for personal medical leave and
for pre-natal leave, expand the length of paid leave for qualifying family and parental
leave events, clarify the sequence of medical leave, sick leave, and organ donor leave,
provide that paid family and medical leave may be exercised during a 12-month period
following the start of the qualifying leave event, replace the Annual Leave Bank with a
Paid Family and Medical Leave Supplement Bank, and repeal the Voluntary Leave
Transfer Program.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the District Government Paid Leave Enhancement Amendment Act of
2022.
Sec. 2. The District of Columbia Government Comprehensive Merit Personnel Act,
effective March 3, 1979 (D.C. Official Code 1-601.01 et seq.), is amended as follows:
(a) The table of contents is amended as follows:
(1) Strike the phrase UNIVERSAL LEAVE PROGRAM and insert the word
REPEALED in its place.
(2) Strike the phrase FAMILY LEAVE and insert the word REPEALED in
its place.
(3) Add a new section designation to read as follows:
SEC. 1204a. PAID PARENTAL, FAMILY, AND MEDICAL LEAVE.
(b) Section 1203c (D.C. Official Code 1-612.03c) is repealed.
(c) Section 1204 (D.C. Official Code 1-612.04) is amended to read as follows:
Sec. 1204. Definitions.
For the purposes of sections 1204 through 1212, the term:
(1) Agency includes the Council.
(2) Child means:
(A) An individual under 21 years of age;
(B) An individual, regardless of age, who is substantially dependent upon
the employee by reason of physical or mental disability; or
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(C) An individual who is under 23 years of age who is a full-time student
at an accredited college or university.
(3) D.C. FMLA means the District of Columbia Family and Medical Leave
Act of 1990, effective October 3, 1990 (D.C. Law 8-181; D.C. Official Code 32-501 et seq.).
(4) Eligible employee means a District government employee, including an
employee of an independent agency; except, that the term eligible employee does not include:
(A) A temporary employee appointed for less than 90 days; or
(B) An employee with intermittent employment.
(5) Family member means:
(A) A biological, adopted, or foster son or daughter, a stepson or
stepdaughter, a legal ward, a son or daughter of a domestic partner, or a person to whom an
eligible employee stands in loco parentis;
(B) A biological, foster, or adoptive parent, a parent-in-law, a stepparent,
a legal guardian, or other person who stood in loco parentis to an eligible employee when the
eligible employee was a child;
(C) An individual to whom an eligible employee is related by domestic
partnership or marriage;
(D) A grandparent of an eligible employee; or
(E) A sibling of an eligible employee.
(6) Leave recipient means an eligible employee whose application to receive
leave from the PFML Bank has been approved pursuant to section 1208.
(7) Leave contributor means an employee who contributes accrued annual,
restored, or universal leave to the PFML Bank.
(8) Miscarriage means the loss of a pregnancy before 20 weeks gestation.
(9) PFML Bank means the Paid Family and Medical Leave Supplemental
Bank established in section 1205.
(10) PFML Bank Administrator means the Department of Human Resources.
(11) Pre-natal medical care means routine and specialty appointments, exams,
and treatments associated with a pregnancy provided by a health care provider, including pre-
natal check-ups, ultrasounds, treatment for pregnancy complications, bedrest that is required or
prescribed by a health care provider, and pre-natal physical therapy.
(12) Prolonged absence means an employees absence from duty for at least 10
consecutive workdays.
(13) Qualifying family leave means leave that an eligible employee may take
following the occurrence of a qualifying family leave event.
(14) Qualifying family leave event means the diagnosis or occurrence of a
serious health condition of a family member of the eligible employee.
(15) Qualifying leave event means a qualifying family leave event, qualifying
medical leave event, or qualifying parental leave event.
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(16) Qualifying medical leave means leave that an eligible employee may take
following the occurrence of a qualifying medical leave event.
(17) Qualifying medical leave event means, for an eligible employee, the
diagnosis or occurrence of a serious health condition, which shall include the occurrence of a
stillbirth and the medical care related to a miscarriage.
(18) Qualifying parental leave event means one of the following:
(A) The birth of a child of an eligible employee;
(B) The legal placement of a child with an eligible employee (such as
through adoption, guardianship, or foster care); or
(C) The placement with an eligible employee of a child for whom the
eligible employee permanently assumes and discharges parental responsibilities.
(19) Qualifying pre-natal leave means paid leave that an eligible employee
who is pregnant may take for pre-natal medical care following the occurrence of a qualifying
pre-natal leave event.
(20) Qualifying pre-natal leave event means the diagnosis of pregnancy by a
health care provider.
(21) Serious health condition shall have the same meaning as provided in
section 2(9) of the D.C. FMLA (D.C. Official Code 32-501(9)).
(22) Stillbirth means the death of a fetus at 20 weeks gestation or later for an
eligible employee who was pregnant with the fetus..
(d) A new section 1204a is added to read as follows:
Sec. 1204a. Paid parental, family, and medical leave.
(a)(1) An eligible employee shall be entitled to receive leave with pay for not more than
8 workweeks total in a 12-month period for any combination of leave as follows:
(A) Up to 8 workweeks for qualifying parental leave events;
(B) Up to 8 workweeks for qualifying family leave events; and
(C) Up to 2 workweeks for qualifying medical leave events.
(2)(A) An employee who used unpaid leave or accrued sick or annual leave on or
after October 1, 2022, and before January 1, 2023, for a qualifying medical leave event may
receive up to 2 workweeks of retroactive paid medical leave; provided, that granting such leave
does not cause the employee to exceed the total workweeks of paid leave available pursuant to
paragraph (1) of this subsection.
(B) To receive retroactive paid medical leave, an employee shall submit a
request for such leave on or after January 1, 2023, and before February 28, 2023, to the
employees personnel authority. A request for retroactive paid medical leave shall state the
number of workdays, not to exceed 10, for which the employee is seeking retroactive paid
medical leave and whether the employee seeks:
(i) Restoration of accrued sick leave;
(ii) Restoration of accrued annual leave;
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(iii) Retroactive payment of salary for a period of unpaid leave; or
(iv) A combination of restored accrued leave and retroactive
payment of salary for a period of unpaid leave.
(C) Within 20 business days after timely receipt of a request for
retroactive paid medical leave, a personnel authority shall, consistent with the request and
paragraph (1) of this subsection, restore the employees accrued leave and, as appropriate,
retroactively pay the employees salary.
(D) Retroactive paid medical leave granted under this paragraph shall
count against the 2 workweeks of paid medical leave available under paragraph (1)(C) of this
subsection.
(b) Beginning on the applicability date of this subsection, an eligible employee shall be
entitled to receive leave with pay for not more than 12 workweeks in a 12-month period for any
combination of leave as follows:
(1) Up to 12 workweeks for qualifying parental leave events;
(2) Up to 12 workweeks for qualifying family leave events;
(3) Up to 12 workweeks for qualifying medical leave events; and
(4) Up to 2 workweeks for qualifying pre-natal leave events, except that
qualifying pre-natal leave shall count against paid leave otherwise available to the employee
pursuant to this section for qualifying medical leave events but shall not count against leave
available for qualifying parental leave events.
(c) For leave authorized by this section for a qualifying parental, family, medical or pre-
natal leave event, the leave:
(1) May be exercised by an eligible employee only within the 12-month period
following the start of the qualifying leave event;
(2) May be used in no less than one-hour increments, except that an agency may
establish a policy to allow leave to be used in no less than one-day increments if such policy is
necessary to avoid additional overtime costs; and
(3) Shall count against the 16 workweeks of family leave or medical leave
provided under sections 3 and 4, respectively, of the D.C. FMLA (D.C. Official Code 32-502
& 503); and
(4) When the leave is qualifying medical or pre-natal leave:
(A) The leave shall be available in addition to accrued sick leave
available pursuant to section 1203;
(B) An employee shall not be required to use or exhaust accrued sick
leave prior to the use of medical leave available under this section; and
(C) If the qualifying medical leave event is organ or bone marrow
donation, the employee may exhaust donor leave available pursuant to section 1203b before
using leave under this section.
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(d)(1) If an employee using leave under this section is serving in a probationary
capacity, the employee shall enter into a 1-year continuation of service of agreement, and the
employees probationary period shall be extended by the duration of the leave used.
(2) In the event the probationary employee voluntarily separates in violation of
the 1-year continuation of service agreement, the individual shall be indebted to the District
government for the salary paid during the leave period. Indebtedness incurred pursuant to this
paragraph shall be construed as an erroneous payment pursuant to Title XXIX; provided, that
collection for such indebtedness may only be made through deductions from lump sum leave
payments.
(e) An eligible employee using leave under this section shall enjoy the same
employment and benefit protections afforded to an employee under section 6 of the D.C. FMLA
(D.C. Official Code 32-505); except, that section 6(f) of the D.C. FMLA shall not apply to
leave taken pursuant to this section.
(f)(1) A personnel authority may require that a request for leave under this section be
supported by appropriate certification or other supporting documentation.
(2) The International Classification of Diseases, Tenth Revision (ICD-10), or
subsequent revisions by the World Health Organization to the International Classification of
Diseases, along with any health care provider or caretaker assessments, shall be used to
determine the appropriate length of qualifying family leave to which an eligible employee is
entitled, based on the serious health condition of the eligible employees family member, or the
appropriate length of qualifying medical leave to which an eligible employee is entitled, based
on the serious health condition of the eligible employee, subject to the limits set forth in
subsection (a) of this section.
(3) Personnel authorities and agencies shall keep confidential any information
regarding the nature of the serious health condition or the family relationship precipitating the
request for leave.
(g) Each agency shall maintain an accounting of leave used under this section and any
records related to its use..
(e) Section 1205 (D.C. Official Code 1-612.05) is amended to read as follows:
Sec. 1205. Paid Family and Medical Leave Supplemental Bank.
(a) There is established within the District government the Paid Family and Medical
Leave Supplemental Bank, which shall consist of hours of leave from the following sources
deposited in accordance with section 1206 and rules promulgated by the Mayor pursuant to
section 1211:
(1) Annual, restored, or universal leave an employee accrued or accumulated and
voluntarily contributed to the PFML Bank;
(2) Annual, restored, or universal leave an employee accrued or accumulated and
voluntarily contributed to the PFML Bank for use by a specific leave recipient; and
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(3) Annual or universal leave that an employee may not carry over to the
following leave year pursuant to section 1203(h) or 1061(a)(5).
(b) The Department of Human Resources shall administer the PFML Bank.
(c) The PFML Bank Administrator shall maintain an overall accounting of deposits and
withdrawals to and from the PFML Bank.
(d) An eligible employee may receive leave from the PFML Bank when:
(1) The employee:
(A) Is absent from work due to a qualifying medical leave event or
qualifying family leave event; or
(B) Provides certification from a physician or other licensed healthcare
professional of an upcoming or existing qualifying medical leave event or qualifying family
leave event; and
(2) The employee has exhausted accrued annual leave and sick leave,
compensatory time, paid family leave, paid medical leave, universal leave, or paid donor leave
provided under this act, to the extent such other leave is available for the purpose for which the
employee seeks to use leave from the PFML Bank.
(e) The PFML Bank Administrator may enter written agreements with the Council,
independent agencies, and subordinate agencies with independent personnel authority to
facilitate eligible employees access to and use of leave from the PFML Bank, including
agreements to allow employees not eligible to accrue annual or sick leave pursuant to section
1203(a) or universal leave pursuant to section 1061(a)(2) to contribute and withdraw leave from
the PFML Bank.
(f) A leave recipient may receive a maximum of 8 workweeks of leave from the PFML
Bank during any 12-month period. Any unused withdrawn leave after the 12-month period shall
become the property of the PFML Bank for use by other leave recipients.
(g)(1) During the period in which transferred leave is being used, the leave recipient
shall not accrue annual or sick leave.
(2) Leave taken using leave transferred from the PFML Bank shall count against
the 16 workweeks of family leave or medical leave provided under sections 3 and 4,
respectively, of the D.C. FMLA (D.C. Official Code 32-502 & 503)..
(f) Section 1206 (D.C. Official Code 1-612.06) is amended to read as follows:
Sec. 1206. Contributions.
(a) A leave contributor may submit a voluntary written request to the PFML Bank
Administrator that a specified number of hours of the leave contributors accrued annual,
restored, or universal leave be contributed to the PFML Bank. The contribution shall be made to
the PFML Bank in accordance with procedures established pursuant to section 1211.
(b) A leave contributor may not contribute more than a total of 1/2 of the amount of
annual or universal leave that the leave contributor would be entitled to accrue or receive during
the leave year in which the contribution is made. A leave contributor may contribute restored
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leave without limitation. The personnel authority or his or her designee may, in special
circumstances, as determined by the personnel authority or their designee, waive the limitation of
the amount of annual or universal leave that may be contributed by an employee.
(c) A leave contributor may designate a specific leave recipient to whom the leave
contributor wishes to contribute leave. Contributed leave not used by the designated leave
recipient within 12 months shall remain in the PFML Bank for use by other leave recipients..
(g) Section 1207 (D.C. Official Code 1-612.07) is amended to read as follows:
Sec. 1207. Application for withdrawal.
(a) An application for withdrawal of leave from the PFML Bank shall proceed as
follows:
(1) An eligible employee who expects to experience an absence of 10 or more
workdays due to a qualifying medical leave event or qualifying family leave event may make a
written application to the PFML Bank Administrator to become a leave recipient.
(2) If the employee is not capable of making an application on the employees
own behalf, the employee may designate a representative to make a written application on the
employees behalf.
(b) The application shall include at least the following:
(1) The anticipated duration of the prolonged absence;
(2) The name, position title, and grade of the proposed leave recipient;
(3) The amount of leave requested;
(4) A declaration, signed under penalty of perjury, by the proposed leave
recipient or the proposed leave recipients designated representative attesting to the fact that the
employee is experiencing a qualifying medical leave event or qualifying family leave event; and
(5)(A) Certification from a physician or other licensed healthcare professional
that the proposed leave recipient, in the case of qualifying medical leave, or the proposed leave
recipients immediate family member, in the case of qualifying fam