Statutes, codes, and regulations
District Of Columbia Administrative Code
Title 4 - HUMAN RIGHTS AND RELATIONS
Chapter 4-17 - COMPLAINTS OF INTERFERENCE AND RETALIATION UNDER THE UNIVERSAL PAID LEAVE AMENDMENT ACT OF 2016 AND COORDINATION OF BENEFITS WITH THE D.C. FAMILY & MEDICAL LEAVE ACT OF 1990 AND THE FEDERAL FAMILY & MEDICAL LEAVE ACT OF 1993
Rule 4-1701 - INTERFERENCE PROHIBITED

D.C. Mun. Regs. tit. 4, r. 4-1701

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Current through Register 71, No. 45, November 7, 2024
Rule 4-1701 - INTERFERENCE PROHIBITED
1701.1

As provided in section 110(a) of the UPLA (D.C. Official Code § 32-541.10(a)) , it is unlawful for any person to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided by the UPLA.

1701.2

Unlawful interference, restraint, or denial includes, but is not limited to:

(a) Intimidating or threatening conduct intended to discourage an employee from accessing paid-leave benefits, or which has the effect of discouraging an employee from accessing paid-leave benefits;
(b) Providing false or misleading information intended to interfere with an employee's ability to access paid-leave benefits, or which has the effect of interfering with an employee's ability to access paid-leave benefits;
(c) Failing to provide notice, as required by 7 DCMR § 3407 (Employer Responsibilities (under the UPLA), where such failure has the effect of causing material harm to the employee, including the loss of paid-leave benefits;
(d) Failing to grant a leave request for a period of leave for which paid-leave benefits would be available, absent a legitimate business reason, where such denial of leave has the effect of causing material harm to the employee, including the loss of paid-leave benefits;
(e) Failing to cooperate with the Department of Employment Services in processing a request for paid-leave benefits, where such failure has the effect of causing material harm to the employee, including the loss of or significant delay in receiving paid-leave benefits;
(f) Failing to cooperate with OHR during the processing of a complaint filed under this Chapter, where such failure has the effect of substantially impeding OHR's enforcement efforts or of foreseeably causing material harm to the employee, including a significant delay in compensation for one or more violations of this Chapter; and
(g) Failure to comply with § 1704.4.

D.C. Mun. Regs. tit. 4, r. 4-1701

Final Rulemaking published at 69 DCR 9526 (7/29/2022)