D.C. Mun. Regs. tit. 7, r. 7-3216

Current through Register Vol. 72, No. 2, January 10, 2025

Rule 7-3216 - COMPLAINT RESOLUTION

3216.1

A person who believes that any of the rights created by the Act has been improperly denied him or her may file a complaint with the Department of Employment Services in the form and manner prescribed by the Director of the Department. Complaints shall be filed within sixty (60) days after the event on which the complaint is based; provided that no sixty (60) day period shall commence until the employer has posted the notice required by section 10 of the Act and § 3213 of this Chapter

3216.2

The Director shall review all complaints and shall investigate those complaints which the Director determines require investigation.

3216.3

Complaints shall be investigated and resolved in an expeditious manner consistent with the nature of the complaint. The Director shall make all reasonable efforts to resolve all complaints within forty-five (45) business days of their filing and shall notify all parties if that time period cannot be met and shall make a good faith estimate of the expected resolution date.

3216.4

In the course of investigating, resolving and deciding complaints, the Director shall have the authority to:

(a) Investigate and ascertain the length of service, hiring dates, paid leave usage requests, certifications provided by employees, and any other issue relating to the rights created by the Act;

(b) Require sworn written statements from employers and employees concerning the issues raised by the complaint; and

(c) Conduct informal investigations, examinations, or meetings at which employers and employees appear, give sworn statements, and answer questions from the Director or the adverse party.

3216.5

Following an investigation, the Director shall issue a decision concerning the complaint. Copies of the decision shall be served on each party at their last known address.

3216.6

A party aggrieved by the Director's decision may appeal the decision as provided in the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501et seq.).

3216.7

Complaints shall be investigated and resolved in an expeditious manner consistent with the nature of the complaint.

3216.8

The employer shall maintain records of the accrual, granting and denial of leave pursuant to the Act for a period of three years as generally provided in 7 DCMR § 911.

D.C. Mun. Regs. tit. 7, r. 7-3216

Final Rulemaking published at 57 DCR 5231, 5238 (June 18, 2010)

Authority: Sections 11 and 14 of the Accrued Sick and Safe Leave Act of 2008 (Act), effective May 13, 2008 (D.C. Official Code §§ 32-131.10 and 131.13 (2008 Supp.) and Mayor's Order 2008-153, dated November 6, 2008.