For the purposes of this chapter, the following terms and phrases shall have the meanings ascribed:
Agency or agencies - an agency or agencies of the District of Columbia government.
Child -
(a) a person under twenty-one (21) years of age;
(b) a person, regardless of age, who is substantially dependent upon the employee by reason of physical or mental disability; and
(c) a person who is under twenty-three (23) years of age who is a full-time student at an accredited college or university.
Committed relationship - a domestic partnership, as defined in section 2(4) of the Health Care Expansion Act of 1992; D.C. Official Code § 32-701(4), or a familial relationship between two individuals demonstrated by such factors as, but not limited to, mutual economic interdependence, including joint bank accounts, joint tenancy, shared lease, and joint and mutual financial obligations such as loans; domestic interdependence, including close association, public presentment of the relationship, and exclusiveness of the relationship; length of the relationship; and the intent of the relationship, as evidenced by a will or life insurance.
Director - the Director of the Office of Human Rights.
Employee employed in an instructional capacity - an employee employed principally in an instructional capacity by an educational agency or school whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired. The term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, or auxiliary personnel, such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily noninstructional employees.
Employer - an individual, firm, association, or corporation, a 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 employs the services of another individual for pay in the District.
Employment benefit - a benefit, other than salary or wages, provided or made available to an employee by an employer, including, but not limited to, group life, health, and disability insurance; sick and annual leave; and educational and pension benefits, regardless of whether the benefit is provided by a policy or practice of an employer or by an employee welfare benefit plan as defined in title 1, subtitle A, section 3(3) of the Employee Retirement Income Security Act of 1974, effective September 2, 1974 (88 Stat. 833; 29 U.S.C. § 1002(1)
Family member -
(a) a person related by blood, legal custody, or marriage;
(b) a foster child;
(c) a child who lives with an eligible employee and for whom the eligible employee permanently assumes and discharges parental responsibility; or
(d) a person with whom the eligible employee shares or has shared, within the last year, a mutual residence and with whom the eligible employee maintains a committed relationship.
Health care provider - a person licensed under federal, state, or District law to provide healthcare services.
Intermittent leave - leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time. Intermittent leave may include leave of periods from an hour or more to several weeks. Examples of intermittent leave would include leave taken on an occasional basis for medical appointments, or leave taken several days at a time spread over a period of six (6) months, such as for chemotherapy.
Local educational agency - this term shall have the same meaning as the term has in section 1471(12) of the Elementary and Secondary Education Act of 1965, approved April 28, 1988 (102 Stat. 201; 20 U.S.C. § 2891(12)) .
Mayor - the Mayor of the District of Columbia.
Primary employer - an employer that shares a joint employment relationship with a secondary employer regarding an employee. The primary employer generally has the following authority or responsibilities: hiring and firing, assigning or placing the employee, making payroll, and provision of employment benefits. For a joint employment relationship that exists when a temporary placement agency supplies employees to a second employer, the placement agency most commonly would be the primary employer.
Reduced leave schedule - leave that is scheduled for a fewer number of hours than the employee is officially scheduled to work each workweek or workday. A reduced leave schedule is one that includes less than forty (40) hours or five (5) days in a given week. Examples of reduced schedule leave would include where an employee who typically works a full-time schedule works less than full-time due to the fatigue, pain, or anxiety caused by the employee's normal schedule or due to a serious health condition, or where an employee works a reduced schedule in order to provide care or psychological comfort to a family member with a serious health condition who does not require full-time care.
Secondary employer - an employer that shares a joint employment relationship with a primary employer regarding an employee. A secondary employer generally lacks authority over an employee regarding things such as hiring and firing, assigning or placing the employee, making payroll, and provision of employment benefits. For a joint employment relationship that exists when a temporary placement agency supplies employees to another employer, that employer which receives the employees would generally be the secondary employer.
State - a state of the United States, the District of Columbia, or a territory or possession of the United States.
Workweek - a period of not more than forty (40) hours over seven (7) consecutive days, beginning on a day designated by the employer.
D.C. Mun. Regs. tit. 4, r. 4-1699