D.C. Mun. Regs. tit. 4, r. 4-1609

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 4-1609 - EMPLOYMENT AND BENEFITS PROTECTION

1609.1

An employee who takes family or medical leave under this chapter shall not lose any employment benefit or seniority accrued before the date on which the family or medical leave commenced.

1609.2

During any period in which an employee takes family or medical leave, the employer shall maintain coverage for the employee under any group health plan, as defined in § 5000(b) of the Internal Revenue Code of 1986 (approved October 21, 1986 (100 Stat. 2012; 26 U.S.C. 5000(b)) . For the purposes of this subsection, the term "group health plan" shall also include a group health plan provided by the District of Columbia government.

1609.3

The employer shall maintain coverage for the duration of the family or medical leave at the same level and under the same conditions that coverage would have been provided if the employee had not taken the family or medical leave.

1609.4

An employer may require the employee to continue to make any contribution to a group health plan that the employee would have made if the employee had not taken family or medical leave. If an employee is unable or refuses to make the contribution to the group health plan, the employee shall forfeit the health plan benefit until the employee is restored to employment pursuant to § 1609.6 and resumes payment to the plan.

1609.5

When the employee who agreed to alternative employment is able to perform the functions of the employee's original position, the employee shall be restored to the employee's original position.

1609.6

Except as provided in § 1609.8 and applicable provisions of a negotiated collective bargaining agreement, upon return from family or medical leave:

(a) The employee shall be restored by the employer to the position of employment held by the employee when the family or medical leave commenced; or

(b) If the position held by the employee when the family or medical leave commenced is no longer available, the employee shall be restored to a position of employment equivalent to the position held by the employee when the family or medical leave commenced. The position shall include equivalent employment benefits, pay, seniority, and other terms and conditions of employment.

1609.7

Except as provided in § 1609.2, nothing in this section shall entitle an employee restored by an employer to a position of employment to:

(a) The accrual of any seniority or employment benefit during any period of family or medical leave; or

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

1609.8

Except as provided in § 1609.6, an employer in the District may deny restoration of employment to a salaried employee if the employee is among the five (5) highest paid employees of an employer of fewer than fifty (50) persons or among the highest paid ten percent (10%) of employees of an employer of fifty (50) or more persons and the following conditions are met:

(a) The employer demonstrates that denial of restoration of employment is necessary to prevent substantial and grievous economic injury to the employer's operations and the injury is not directly related to the leave that the employee took pursuant to this chapter; and

(b) The employer notifies the employee of the intent to deny restoration of employment and the basis for the decision at the time it provides the eligibility letter to the employee following the employee's request for leave as described in § 1613.

1609.9

Section 1609.8 shall not apply if:

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

(b) Failure to complete the contract will cause substantial and grievous economic injury to the employer; and

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

D.C. Mun. Regs. tit. 4, r. 4-1609

Notice of Final Rulemaking published at 57 DCR 10788, 10799 (November 19, 2010)

Authority: The Director of the Office of Human Rights, pursuant to section 301(c) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1403.01(c)) , and Mayor's Order 2009-45, dated March 31, 2009.