An employee who is exempt from overtime payment by reason of section 213(a)(1) of the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. § 201et seq.) shall not accrue leave pursuant to this chapter for hours worked beyond a forty (40) hour work week.
An individual who works for an employer both as an employee and in a non-covered employment position shall accrue paid leave for the hours worked as an employee.
If the employee does not suffer a loss of income when absent from work for the number of days of paid leave provided in § 3201, the employer shall not be required to provide paid leave to the employee as would have been otherwise required by the Act.
D.C. Mun. Regs. tit. 7, r. 7-3202