The District of Columbia's family and medical leave law is located in the District of Columbia Code Annotated at Division 5, Title 32, Ch. 5 (for full text, see Employment Practices Guide 9-22,450.01 et seq. ). The District also provides for leave for parents to attend school-related events.

There are blood donation leave rules for employees of the University of the District of Columbia and the D.C. School of Law.

DEFINITIONS

"Employee" means any individual who has been employed by the same employer for one year without a break in service, except for regular holiday, sick, or personal leave granted by the employer, and who has worked at least 1000 hours during the 12-month period immediately preceding the request for family or medical leave (Sec. 32-501).

"Employer" means any individual, firm, association, or corporation, any receiver or trustee of any individual firm, association, or corporation, or the legal representative of a deceased employer, including the District of Columbia government, who uses the services of another individual for pay in the District (Sec. 32-501).

For purposes of school visitation leave, "employer " means any individual, firm, association, corporation, the District of Columbia government, any receiver or trustee of any individual firm, association, or corporation, or the legal representative of a deceased employer, who uses the services of an individual "employee" for pay in the District (Sec. 32-1201, as amended by D.C. Act 14-20, L. 2001).

For purposes of Sec. 32-705 "family member" means (Sec. 32-701):

(1) a domestic partner; or

(2) a dependent child of a domestic partner, which includes an unmarried person under 22 years of age, an unmarried person under 25 years of age who is a full-time student, or an unmarried person regardless of age who is incapable of self-support because of a mental or physical disability that existed before age 22. A dependent child of a domestic partner includes a natural child, adopted child, stepchild, foster child, or child in the legal custody of a domestic partner.

For purposes of school visitation leave, "parent" means (Sec. 32-1201, as amended by D.C. Act 14-20, L. 2001):

(1) the natural mother or father of a child;

(2) a person who has legal custody of a child;

(3) a person who acts as a guardian of a child, regardless of whether he or she has been appointed legally as such;

(4) an aunt, uncle, or grandparent of a child; or

(5) a person who is married to a person listed in items (1) --(4) above.

"School-related event" means an activity sponsored by either a school or an associated organization such as a parent-teacher association. A school-related event includes: a student performance such as a concert, play, or rehearsal; the sporting game of a school team or practice; a meeting with a teacher or counselor; or any similar type of activity. A school-related event must involve the parent's child directly either as participant or subject, but not as a spectator (Sec. 32-1201, as amended by D.C. Act 14-20, L. 2001).

COVERAGE

The family and medical leave law applies to any employer who employs 20 or more persons in the District (Sec. 32-516). Both private employers and the District government are included (Sec. 32-501).

The school visitation leave law applies to any individual, firm, association, corporation, the District of Columbia government, any receiver or trustee of any individual firm, association, or corporation, or the legal representative of a deceased employer, who uses the services of an individual "employee" for pay in the District (Sec. 32-1201, as amended by D.C. Act 14-20, L. 2001).

EXCEPTIONS

Family members. --If two family members are employees of the same employer (Sec. 32-502):

(1) the employer may limit to 16 workweeks during a 24-month period the aggregate number of family leave workweeks to which the family members are entitled; and

(2) the employer may limit to four workweeks during a 24-month period the aggregate number of family leave workweeks to which the family members are entitled to take simultaneously.

School employees. --If an employee of a local educational agency or private elementary or secondary school who is employed principally in an instructional capacity (Sec. 32-506):

(1) elects to take family leave pursuant to Sec. 32-502(a)(4) or medical leave that is foreseeable based on planned medical treatment or supervision,

(2) would be on leave for greater than 20 percent of the total number of working days in the period during which leave would extend, and

(3) complies with statutory notice and scheduling requirements,

the agency or school may require the employee to take family or medical leave for periods of particular duration not to exceed planned medical treatment or supervision, or transfer temporarily to an available alternative position offered by the agency or school for which the employee is qualified, with equivalent pay and benefits, and better accommodates the recurring periods of leave than the employee's regular employment position.

If an employee of an educational agency or school who is employed principally in an instructional capacity begins family or medical leave more than five weeks before the end of the academic term, the agency or school may require the employee to continue to take leave until the end of the term if (Sec. 32-506):

(1) the leave is at least three weeks in duration; and

(2) the return to employment would occur during the three-week period before the end of the academic term.

If a school employee begins family or medical leave during the period that begins from more than three weeks and up to and including five weeks before the end of the academic term, the educational agency or school may require the employee to continue to take leave until the end of the term if (Sec. 32-506):

(1) the leave is greater than two weeks in duration; and

(2) the return to employment would occur during the two-week period before the end of the academic term.

If a school employee begins family or medical leave during the period that begins three weeks or less before the end of the academic term and the duration of the leave is greater than five working days, the educational agency or school may require the employee to continue to take leave until the end of the term.

For restoration to an equivalent position, in the case of an educational agency or school, the determination will be made based on established school board or private school practices and collective bargaining agreements (Sec. 32-506).

Key employees. --An employer in the District may deny restoration of employment to a salaried employee if the employee is among the five highest paid employees of an employer of fewer than 50 persons or among the highest paid 10 percent of employees of an employer of 50 or more persons and the following conditions are met (Sec. 32-505):

(1) the employer demonstrates that denial of restoration of employment is necessary to prevent substantial economic injury to the employer's operations and the injury is not directly related to the family and medical leave that the employee took; and

(2) the employer notifies the employee of the intent to deny restoration of employment and the basis for the decision at the time the employer determines denial of restoration of employment is necessary.

The exception that allows an employer to deny restoration after family and medical leave to certain highly paid employees does not apply if the following conditions have been met (Sec. 32-505):

(1) the employer is under a contract to provide work or services and the absence of the employee prohibits the employer from completing the contract in accordance with the terms of the contract;

(2) failure to complete the contract will cause substantial economic injury to the employer; and

(3) after the employer made reasonable attempts, the employer failed to find a temporary replacement for the employee.

Public safety. --The rights provided to an employee under the family and medical leave law may be suspended temporarily for an employee of a public safety agency if the employee is required by rules or regulations of the agency or by the provisions of a collective bargaining agreement to return to duty because of an emergency declared by the agency head or the Mayor (Sec. 32-513).

PROCEDURES

Interaction with other law. --The District's family and medical leave law does not supersede any provision of law that provides greater employee family or medical leave rights (Sec. 32-512).

Certification. --An employer may require that a request for family leave to care for a family member with a serious health condition or a request for medical leave be supported by certification issued by the health care provider of the employee or family member. The employee must provide a copy of the certification to the employer (Sec. 32-504).

Certification provided by the employee must state the following information (Sec. 32-504):

(1) the date on which the serious health condition commenced;

(2) the probable duration of the condition;

(3) the appropriate medical facts within the knowledge of the health care provider that would entitle the employee to take leave under this chapter; and

(4) for purposes of medical leave, a statement that the employee is unable to perform the functions of the employee's position; or for purposes of family leave to care for a family member with a serious health condition, an estimate of the amount of time that the employee is needed to care for the family member.

Where an employer and employee with a serious health condition agree to alternative employment, the employer may request that medical leave certification explain the extent to which the employee is unable to perform the functions of the employee's position (Sec. 32-504).

Second opinion. --If the employer doubts the validity of the certification, the employer may require that the employee obtain, at the employer's expense, the opinion of a second health care provider approved by the employer, regarding any information required to be certified (Sec. 32-504).

Third opinion. --If the second opinion differs from the original certification, the employee may obtain the opinion of a third health care provider mutually agreed upon, in regard to any information required to be certified. The employer must pay the cost of the opinion of the third health care provider (Sec. 32-504).

The opinion of the third health care provider in regard to the information certified is final and binding on the employer and employee (Sec. 32-504).

The employer may require that the employee obtain subsequent recertification on a reasonable basis (Sec. 32-504).

Certification information must be used only to make a decision in regard to family and medical leave. An employer must keep any medical information obtained from a certification request confidential (Sec. 32-504).

Collective bargaining agreements. --The family and medical leave law does not diminish an employer's obligation to comply with any collective bargaining agreement or any employment benefit program or plan that provides greater family or medical leave rights to an employee (Sec. 32-513).

The rights provided under the family and medical leave law may not be diminished by any collective bargaining agreement or any employment benefit program or plan, except that the family and medical leave law does not supersede any clause on family or medical leave in any collective bargaining agreement in force on October 3, 1990, for the time that the collective bargaining agreement is in effect (Sec. 32-513).

Public safety. --Rights provided to an employee under the family and medical leave law may be suspended temporarily for an employee of a public safety agency if the employee is required by rules or regulations of the agency or by the provisions of a collective bargaining agreement to return to duty because of an emergency declared by the agency head or the Mayor (Sec. 32-513).

WHAT THE EMPLOYER MUST DO

Family leave

Eligibility. --Individuals who have been employed by the same employer for one year without a break in service, except for regular holiday, sick, or personal leave granted by the employer, and who have worked at least 1000 hours during the 12-month period immediately preceding a request for family or medical leave, are eligible for such leave (Sec. 32-501).

Domestic partners. --A District government employee must be granted sick leave when needed to care for a family member or to care for a minor child of either domestic partner or to care for the employee's domestic partner who is on maternity or paternity leave, subject to the same guidelines and restrictions in Sec. 32-502. A District government employee who is adopting or whose domestic partner is adopting a child must likewise be granted annual leave or leave without pay to make necessary family arrangements, subject to the same guidelines and restrictions in Sec. 32-502 (Sec. 32-705).

Payment for leave. --Family leave may consist of unpaid leave, but any paid family, vacation, personal, or compensatory leave provided by an employer that the employee elects to use for family leave counts against the 16 workweeks of allowable family leave. If an employer has a program that allows an employee to use the paid leave of another employee under certain conditions, and the conditions have been met, the employee may use paid leave as family leave and the leave will count against the 16 workweeks of family leave (Sec. 32-502).

Medical leave may also consist of unpaid leave (Sec. 32-503).

Any paid medical or sick leave provided by an employer that the employee elects to use for medical leave counts against the 16 workweeks of allowable medical leave (Sec. 32-503).

If an employer and employee agree that an employee may use paid vacation, personal, or compensatory leave as medical leave, the paid vacation, personal, or compensatory leave counts against the 16 workweeks of medical leave (Sec. 32-503).

If an employer has a program that allows an employee to use the paid leave of another employee under certain conditions, and the conditions have been met, the employee may use the paid leave as medical leave and the leave will count against the 16 workweeks of medical leave (Sec. 32-503).

Reasons for leave. --An employee is entitled to a total of 16 workweeks of family leave during any 24-month period for (Sec. 32-502):

(1) the birth of a child of the employee;

(2) the placement of a child with the employee for adoption or foster care;

(3) the placement of a child with the employee for whom the employee permanently assumes and discharges parental responsibility; or

(4) the care of a family member of the employee who has a serious health condition.

Length of leave. --Entitlement to family leave in connection with the birth or placement of a child expires 12 months after the birth of the child or placement of the child with the employee (Sec. 32-502).

In the case of a family member who has a serious health condition, the family leave may be taken intermittently when medically necessary (Sec. 32-502).

Any employee who becomes unable to perform the employee's job duties because of a serious health condition is entitled to medical leave for as long as the employee is unable to perform the duties, except that medical leave may not exceed 16 workweeks during any 24-month period. Medical leave may be taken intermittently when medically necessary (Sec. 32-503).

Reduced schedule leave. --Upon agreement between the employer and the employee, family leave may be taken on a reduced leave schedule, during which the 16 workweeks of family leave may be taken over a period not to exceed 24 consecutive workweeks (Sec. 32-502).

Benefits: Group health plan coverage. --During any period in which an employee takes family or medical leave, the employer must maintain coverage under any group health plan, including a plan provided by the District of Columbia government. The employer must maintain coverage for the duration of the leave at the same level and under the same conditions that coverage would have been provided if the employee had continued in employment from the date the employee began leave until the date the employee was restored to employment (Sec. 32-505).

An employer may require the employee to continue to make any contribution to a group health plan would have been made if the employee had not taken leave. If an employee is unable or refuses to make the contribution to the group health plan, the employee forfeits the health plan benefit until the employee is restored to employment and resumes payment to the plan (Sec. 32-505).

Reinstatement. --Upon return from family or medical leave, an employee must be (Sec. 32-505):

(1) restored by the employer to the position of employment held by the employee when the family or medical leave commenced; or

(2) restored to a position of employment equivalent to the position held by the employee when the family or medical leave commenced that includes equivalent employment benefits, pay, seniority, and other terms and conditions of employment.

Except as otherwise provided in the family and medical leave law, an employee restored to a position of employment is not entitled to (Sec. 32-505):

(1) the accrual of any seniority or employment benefit during any period of family or medical leave; or

(2) any right, employment benefit, or position of employment other than that to which the employee would have been entitled had the employee not taken the family or medical leave.

Retaliation. --It is unlawful for any person to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided by the family and medical leave law (Sec. 32-507).

It is unlawful for an employer to discharge or discriminate in any manner against any person because the person (Sec. 32-507):

(1) opposes any practice made unlawful by the family and medical leave law;

(2) pursuant or related to the family and medical leave law: (a) files or attempts to file a charge; (b) institutes or attempts to institute a proceeding; or (c) facilitates the institution of a proceeding; or

(3) gives any information or testimony in connection with an inquiry or proceeding related to the family and medical leave law.

Confidentiality. --Information that an employee gives to an employer regarding a family relationship, pursuant to which the employee seeks to take family leave, must be used only to make a decision in regard to family leave. An employer must keep any information regarding the family relationship confidential (Sec. 32-502).

Alternative employment. --An employer and an employee with a serious health condition may mutually agree to alternative employment for the duration of the employee's serious health condition. Any period of alternative employment will not cause a reduction in the amount of family or medical leave to which the employee is entitled. When the employee who agreed to alternative employment is able to perform the functions of the original position, the employee must be restored to that position (Sec. 32-505).

School visitation leave

Except as provided below, an employee who is a parent is entitled to a total of 24 hours leave during any 12-month period to attend or participate in school-related events for his or her child (Sec. 32-1202(a), as amended by D.C. Act 14-20, L. 2001).

An employer may deny school visitation leave only if it would disrupt the employer's business and make the achievement of production or service delivery unusually difficult (Sec. 32-1202(c), as amended by D.C. Act 14-20, L. 2001).

School visitation leave may consist of unpaid leave unless the parent elects to use any paid family, vacation, personal, compensatory, or leave bank leave that has been provided by the employer (Sec. 32-1202(d), as amended by D.C. Act 14-20, L. 2001).

An employee must notify the employer of the desire for leave to attend a school-related event at least 10 calendar days prior to the event, unless the need to attend the event cannot be reasonably foreseen (Sec. 32-1202(e), as amended by D.C. Act 14-20, L. 2001).

Blood donation leave

An employee of the University of the District of Columbia may be allowed up to four hours of administrative leave to donate blood. The absence period shall begin upon the completion of the blood donation and end on the same workday the blood donation is made (CDCR 8-13-1311).

The Dean of the D.C. School of Law may grant administrative leave to an employee to allow the employees to donate blood. The absence period shall be allowed only on the same workday the blood donation is made (CDCR 8-13-1315).

Organ and bone marrow donor leave

A district government employee may be entitled to up to 30 days of leave to serve as an organ donor, and up to seven days of leave to serve as a bone marrow donor, without loss or reduction in pay, leave, or credit for time of service, in a calendar year (Sec. 1-612.03b. as added by D.C. Law 14-148, L. 2002, effective June 25, 2002).

NOTICE

Leave requests. --If the necessity for family leave is foreseeable based on an expected birth or placement of a child with an employee, the employee must provide the employer with reasonable prior notice of the expected birth or placement of a child with the employee (Sec. 32-502).

If the necessity for family or medical leave is foreseeable based on planned medical treatment or supervision, an employee must (Sec. 32-502):

(1) provide the employer with reasonable prior notice of the medical treatment or supervision; and

(2) make a reasonable effort to schedule the medical treatment or supervision, subject to the approval of the health care provider of the employee or family member, in a manner that does not disrupt unduly the operations of the employer.

School visitation leave. --See WHAT THE EMPLOYER MUST DO, above.

DEADLINES

Employers have 20 days to comply with an order issued against them for a violation of the District's family and medical leave law (Sec. 32-509).

POLICIES

Employers may adopt or retain a family and medical leave policy more generous than that required by the family and medical leave law (Sec. 32-514).

ENFORCEMENT

To comply with the family and medical leave law, the Mayor, consistent with constitutional guidelines, may (Sec. 32-508):

(1) investigate and gather data regarding any wage, hour, condition, or practice of employment related to the law; and

(2) enter or inspect any place of employment or record required by the law.

The Mayor will provide administrative procedures so that a person claiming to be aggrieved under the law may file a complaint against an employer alleged to have violated the law. A complaint must be filed within one year of the occurrence or discovery of the alleged violation (Sec. 32-509).

The administrative procedure includes, but is not limited to (Sec. 32-509):

(1) an investigation of the complaint and an attempt to resolve the complaint by conference, conciliation, or persuasion;

(2) if the complaint is not resolved, a determination of probable cause to believe a violation of the family and medical leave law has occurred;

(3) if there is probable cause, the issuance and service of written notice and a copy of the complaint to the employer alleged to have committed the violation requiring the employer to answer the charges at a formal hearing;

(4) a hearing conducted in accordance with procedures that the Mayor promulgates;

(5) a decision and order accompanied by findings of fact and conclusions of law;

(6) if it is found that an employer violated the family and medical leave law, an order that requires the employer to pay the employee damages in an amount equal to (a) any wages, salary, employment benefits, or other compensation denied or lost due to the violation plus interest; and (b) an amount equal to the greater of the amount under (a) above, or consequential damages not to exceed three times the amount determined under (a), plus any medical expenses not covered by the health insurance of the employee; or (c) a reduction in damages, within the factfinder's discretion, for an employer who violates the family and medical leave law and proves that the violation occurred in good faith with reasonable grounds to believe that the action or omission did not violate the law; and

(7) a provision that authorizes the award of costs and reasonable attorney's fees to the prevailing party in addition to other relief awarded under the family and medical leave law.

Judicial review. --Any person who is adversely affected or aggrieved by a decision issued according to the above provisions is entitled to judicial review upon filing a written petition for review in the District of Columbia Court of Appeals (Sec. 32-509).

If the Mayor determines that the employer has not complied with an order after 20 days following service of the order, the Mayor will certify the matter to the Corporation Counsel and to any other agency appropriate for enforcement. Corporation Counsel will institute, in the name of the District, a civil proceeding that may include seeking injunctive relief as necessary to obtain complete compliance with the order (Sec. 32-509).

An enforcement action will not be instituted pending judicial review (Sec. 32-509).

The entire administrative enforcement procedure outlined above, including the formal hearing, must take no longer than 150 days to complete from the date the complaint is filed. If the Mayor fails to make a reasonable effort to comply with the deadline requirements of the administrative enforcement provisions and the rules promulgated by the Mayor, the person who initiated the administrative enforcement procedure against the employer may file a civil action against the employer (Sec. 32-509).

An employee or the Mayor may bring a civil action against any employer to enforce the provisions of the family and medical leave law in any court of competent jurisdiction. No civil action may be commenced more than one year after the occurrence or discovery of the alleged violation (Sec. 32-510).

Damages. --If there is a determination that an employer committed a violation of the District's family leave law, enforcement may entail the issuance of an order that requires the employer to pay the employee damages in an amount equal to (Secs. 32-509 and 32-510):

(1) any wages, salary, employment benefits, or other compensation denied or lost to the employee due to the violation plus interest; and

(2) an amount equal to the greater of (a) the amount determined under (1) above; or (b) consequential damages not to exceed an amount equal to three times the amount determined under (1) above, plus any medical expenses not covered by the health insurance of the employee; or

(3) a reduction in damages, within the factfinder's discretion, for an employer who violates the District's family leave law and proves that the violation occurred in good faith and that the employer had reasonable grounds to believe that the employer's action or omission was not in violation of the law.

WHO TO CONTACT

Contact the Office of the Mayor, One Judiciary Square, 441 4th Street, NW, Washington, DC 20001. Telephone: (202)727-1000. Fax: (202)727-2975.

RECORDKEEPING

Inspection of records. --An employer must develop, maintain, and make available to the Mayor records regarding the employer's activities related to the family and medical leave law that the Mayor may prescribe by rule. The Mayor may inspect any record required by the law (Sec. 32-508).

POSTING

Employers must post and maintain in a conspicuous place a notice provided by the Mayor that sets forth pertinent provisions of the family and medical leave law and information about how to file a complaint under the law (Sec. 32-511).

PENALTIES

Confidentiality. --Any employer who willfully violates the confidentiality provisions of the family and medical leave law will be assessed a civil penalty of $1,000 for each offense (Secs. 32-502 and 32-504).

POSTING

Any employer who willfully violates the posting requirements of the family and medical leave law will be assessed a civil penalty not to exceed $100 for each day that employer fails to post the notice (Sec. 32-511).

This is a summary of Family, Medical and Parental Leaves Laws in the District of Columbia.