D.C. Mun. Regs. tit. 4, r. 4-1617

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

Rule 4-1617 - ADMINISTRATION AND EMPLOYER RECORDKEEPING

1617.1

All District government agencies shall designate an FMLA Coordinator for the agency. The FMLA Coordinator may be the individual designated as the Human Resource Specialist for the agency.

1617.2

All private employers are encouraged to designate an FMLA Coordinator or a specific person to administer DCFMLA and the federal FMLA.

1617.3

An FMLA Coordinator shall be knowledgeable of the requirements in order to ensure proper handling and processing of all FMLA requests.

1617.4

The FMLA Coordinator of a District of Columbia government agency, or the FMLA designee of a private employer, shall have the following responsibilities:

(a) Notifying the employees of their rights under the applicable law through posters, the employee handbook or manual, and trainings on the subject;

(b) Providing information to an employee regarding his or her rights and obligations if an employee requests DCFMLA leave or if the employee gives notice of a DCFMLA-qualifying event;

(c) Issuing an eligibility letter within five (5) days after request for the leave; and

(d) Issuing a designation letter within five (5) days after the submission of the employee's medical certification.

1617.5

Each employer subject to the Act, through its FMLA Coordinator or other person coordinating FMLA compliance and/or responding to a DCFMLA request on behalf of a private employer, shall maintain records which document on an annual basis the following:

(a) The total number of employees who have taken leave pursuant to the DCFMLA;

(b) The annual additional cost to the employer for the expenses incurred to replace an employee during the time the employee is on leave granted pursuant to the DCFMLA;

(c) The annual additional cost incurred to pay for the employee's health insurance during the time the employee is on leave granted pursuant to the DCFMLA;

(d) The length of leave taken by an employee pursuant to the DCFMLA;

(e) The reason(s) an employee took leave pursuant to the DCFMLA;

(f) The salary, hourly wage, or grade level of the employee who has taken leave pursuant to the DCFMLA;

(g) The employee's request and supporting documents for leave requested pursuant to the DCFMLA; and

(h) The employer's disposition of the employee's request for leave pursuant to the DCFMLA.

1617.6

The employer shall preserve the confidentiality of information relating to the circumstances and the particular reasons for an employee's request for leave pursuant to the DCFMLA.

1617.7

Only individuals with a demonstrated need to know an employee's DCFMLA status or request can be provided such information. Even if the information is provided, information contained on the DCFMLA questionnaire or medical certification shall not be disclosed or shared with a supervisor, manager, or other agency official unless it is determined that the supervisor, manager, or other agency official has demonstrated the need to know particular information contained on the DCFMLA questionnaire or medical certification for work-related reasons.

1617.8

Given the confidential nature of DCFMLA requests, DCFMLA forms and supporting medical certifications shall be maintained in a segregated and locked file, and the documents shall be stored separate and apart from the agency's human resources files.

1617.9

Employer records relating to leave requests made pursuant to the DCFMLA shall be available for inspection by a representative of OHR during an employer's regular business hours at the employer's place of business in the District of Columbia as required by section 9(a) of the DCFMLA (D.C. Official Code § 32-508(a) ).

D.C. Mun. Regs. tit. 4, r. 4-1617

Notice of Final Rulemaking published at 57 DCR 10788, 10809 (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.