*NOTE: This section includes amendments by temporary legislation that will expire on February 4, 2022. To view the text of this section after the expiration of all emergency and/or temporary legislation, click this link: Permanent Version.*
(a) An employer with a paid leave policy providing paid leave options, such as a paid time-off program or universal leave policy, shall not be required to modify such policy if the policy offers an employee the option, at the employee’s discretion, to accrue and use leave under terms and conditions that are at least equivalent to the paid leave prescribed in this subchapter.
(b) The terms and conditions of an employer’s policy shall be presumed equivalent if they allow an employee to:
(1) Access and accrue paid leave at least at the same rate as or greater than the hours of paid leave provided in § 32-531.02(a)(1), (2), and (3);
(2) Use the paid leave for the same purposes as those set forth in § 32-531.02(b), including unscheduled leave; and
(3) Access and use paid leave as provided in § 32-502.01.
(May 13, 2008, D.C. Law 17-152, § 6, 55 DCR 3452; Oct. 8, 2016, D.C. Law 21-160, § 2092(a), 63 DCR 10775; June 24, 2021, D.C. Law 24-9, § 105(a)(5), 68 DCR 004824.)
Prior Codifications2001 Ed., § 32-131.05.
Emergency LegislationFor temporary (90 days) amendment of this section, see § 105(a)(5) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).
For temporary (90 days) amendment of this section, see § 105(a)(5) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).
For temporary (90 days) amendment of this section, see § 104(a)(5) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).
For temporary (90 days) amendment of this section, see § 105(a)(5) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).
For temporary (90 days) amendment of this section, see § 105(a)(5) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).
Temporary LegislationFor temporary (225 days) amendment of this section, see § 105(a)(5) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).
For temporary (225 days) amendment of this section, see § 105(a)(5) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).