*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*
(a) There is established as a special fund the Universal Paid Leave Administration Fund ("Fund"), which shall be administered by the Department of Employment Services ("DOES") in accordance with subsections (c), (d), (e), and (f) of this section.
(b) Pursuant to § 32-551.01(b)(2), amounts appropriated from the Universal Paid Leave Fund annually for the purposes described in subsection (c) of this section shall be deposited in the Fund.
(c) Money in the Fund shall be used for the following purposes:
(1) Administration of subchapter IV of this chapter by DOES, including public education pursuant to §§32-541.04a|(d) and [§ 32-541.06(j)]; provided, that no more than 6% of the money appropriated annually for administration may be used for public education;
(2) Enforcement of §§ 32-541.08(e) and 32-541.10(a) and (b) by the Office of Human Rights, which may include education and outreach on individuals' rights under subchapter IV of this chapter; and
(3) Hearing of appeals of claim determinations by the Office of Administrative Hearings, pursuant to § 32-541.08(a), (b), and (c).
(d)(1) Beginning no later than October 1, 2020, and by October 1 annually thereafter, DOES shall execute a Memorandum of Understanding with the Office of Human Rights for the intradistrict transfer of funds appropriated, pursuant to subsection (c)(2) of this section, for enforcement; provided, that DOES shall transfer funds appropriated for enforcement to the Office of Human Rights no later than October 2 of any year even if the agencies fail to execute a Memorandum of Understanding by October 1 of that year.
(2) In Fiscal Year 2022, notwithstanding any other provision of this section, up to 5 employees hired and employed with funds transferred pursuant to paragraph (1) of this subsection may perform work on matters other than enforcement pursuant tosubchapter IV of this chapter; provided, that they prioritize enforcement.
(e)(1) Beginning no later than October 1, 2020 and by October 1 annually thereafter, DOES shall execute a Memorandum of Understanding with the Office of Administrative Hearings for the intradistrict transfer of funds appropriated, pursuant to subsection (c)(3) of this section, for hearing of appeals of claim determinations; provided, that DOES shall transfer funds appropriated for hearing of appeals of claim determinations to the Office of Administrative Hearings no later than October 2 of any year even if the agencies fail to execute a Memorandum of Understanding by October 1 of that year.
(2) In Fiscal Year 2022, notwithstanding any other provision of this section, the Office of Administrative Hearings may use funds transferred pursuant to paragraph (1) of this subsection for matters other than the hearing of appeals of claims determinations pursuant to the Act; provided, that it prioritizes the use of such funds for the hearing of appeals of claims determinations.
(f) Money deposited into the Fund but not expended in a fiscal year shall revert to the Universal Paid Leave Fund, established pursuant to § 32-551.01.
(Oct. 8, 2016, D.C. Law 21-160, § 1153; as added Dec. 3, 2020, D.C. Law 23-149, § 2142(c), 67 DCR 10493; Aug. 23, 2021, D.C. Act 24-159, § 4063(b), 68 DCR 008602.)
Emergency LegislationFor temporary (90 days) amendment of this section, see § 4063 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).