D.C. Mun. Regs. tit. 4, r. 4-1703
The UPLA provides a pay benefit but does not create an entitlement to take leave beyond the entitlements of the D.C. Family & Medical Leave Act of 1990 (DCFMLA), effective October 9, 1990 ((D.C. Law 8-181; D.C. Official Code §§ 32.501 et seq.), as amended.
As provided in section 107(b) of the UPLA (D.C. Official Code § 32-541.07(b)) , if leave, which qualifies for the paid-leave benefit under the UPLA, qualifies as protected leave under the federal FMLA as amended, or the DCFMLA, the period of leave under the UPLA shall run concurrently with, and not in addition to, leave taken under the federal FMLA and/or the DCFMLA.
Except as provided by § 1701.2(d), an employer is not required by the UPLA to grant a leave request for a period of leave for which paid-leave benefits would be available, unless otherwise required by sections 3, 3a, and 4 of the DCFMLA (D.C. Official Code §§ 32-502, 32-502.01, and 32-503) (Family, Covid-19, and Medical Leave Entitlements under the DCFMLA) or other federally mandated provisions.
Even if a DCFMLA leave entitlement has been exhausted during the pertinent twenty-four (24)-month DCFMLA leave calculation period, nonetheless under some circumstances, eligibility for paid-leave benefits during the fifty-two (52)-week paid-leave benefits calculation period may remain; however, such additional period of leave would not be subject to any of the entitlements or protections afforded by the DCFMLA.
An employee's failure to comply with the UPLA notice requirements of 7 DCMR § 3509 (Employee Notice to Employer (Under the UPLA)) shall not, of itself, affect an employee's rights under the DCFMLA, but designation of DCFMLA coverage may be delayed pursuant to 4 DCMR § 1614 (Reasonable Notice by Employee to be Provided to Employer Under the DCFMLA).
No provision of the UPLA or this Chapter, whether substantive or procedural, nor any logistical aspect of the processing of paid-leave benefits, shall affect the legal rights of an employee or the legal obligations of an employer under the DCFMLA.
Paid-leave benefits under the UPLA are not limited to employees who are covered by the DCFMLA, because the scope of "covered employer," "covered employee," and "eligible individual" under section 101 of the UPLA (D.C. Official Code § 32-541.01)), are each broader than the definitions of "employee," and "employer," under section 2 of the DCFMLA (D.C. Official Code § 32-501(1)(2)) and are not subject to the applicability requirement in § 17 of the DCFMLA (D.C. Official Code § 32-516(2)) .
D.C. Mun. Regs. tit. 4, r. 4-1703