D.C. Mun. Regs. tit. 7, r. 7-3503

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 7-3503 - CALCULATION OF WEEKLY BENEFIT AMOUNT

3503.1

Subject to other provisions in this chapter, including but not limited to Subsection 3503.2 and Sections 3504 and 3513, DOES shall calculate the weekly paid-leave benefit amount to which an eligible individual is entitled pursuant to the following procedures:

(a) The wages used to calculate the weekly benefit amount shall be limited to wages reported and paid to the covered employee by covered employers; provided, that "wages" also includes reported self-employment income.

(b) The weekly benefit amount shall be calculated in the following manner (which provides a higher wage replacement for low wages (below the formula bend point) in comparison to high wages (above the formula bend point)):

(1) For claims submitted before October 1, 2021, and for claims submitted after July 25, 2022, DOES shall determine the total amount of all reported covered wages, including any reported selfemployment income, for each of the five (5) completed calendar quarters before the applicant's qualifying event. For claims filed between October 1, 2021 and July 25, 2022, DOES shall determine the total amount of all reported covered wages, including any reported self-employment income, for each of the ten (10) completed calendar quarters before the applicant's qualifying event. Only completed quarters shall be considered in calculating the weekly benefit amount. The quarters are as follows: January 1 to March 31; April 1 to June 30; July 1 to September 30; October 1 to December 31.

(2) For claims submitted before October 1, 2021, and for claims submitted after July 25, 2022, the quarter with the lowest total earnings in the five (5) completed calendar quarters before the applicant's qualifying event shall be discarded for purposes of the benefit calculation. If multiple quarters have the same total earnings, and those quarters with identical earnings are the lowest-earning quarters, only one (1) of the quarters with identical earnings shall be discarded. For claims filed between October 1, 2021 and July 25, 2022, the six (6) quarters with the lowest total earnings in the ten (10) completed calendar quarters before the applicant's qualifying event shall be discarded for purposes of the benefit calculation. If multiple quarters have the same total earnings, and those quarters with identical earnings are the lowest-earning quarters, a maximum of six (6) such quarters with identical earnings shall be discarded.

(3) The total earnings in the four (4) remaining quarters with the highest total earnings shall then be added together. This sum shall be divided by fifty-two (52) to arrive at the average weekly wage.

(4) The resultant average weekly wage shall then be compared with the formula bend point to determine the applicable formula to be used to calculate the weekly benefit amount.

(5) For the purpose of this subsection, the formula bend point is defined as the District's hourly minimum wage multiplied by forty (40), then multiplied by one point five(1.5).

(6) The applicable benefit formula for the weekly benefit amount shall be as follows:

(A) If the average weekly wage is less than or equal to the formula bend point, then the average weekly wage shall be multiplied by nine-tenths (0.9). The resulting product shall be the weekly benefit amount, subject to Subsection 3503.2.

(B) If the average weekly wage is greater than the formula bend point, then the following benefit formula shall be used:

(i) The amount of the formula bend point shall be subtracted from the average weekly wage;

(ii) The resultant difference shall be multiplied by five-tenths (0.5);

(iii) This product shall be added to the following: the amount of the formula bend point multiplied by nine-tenths (0.9);

(iv) This sum shall be the weekly benefit amount, subject to Subsection 3503.2.

(c) If an eligible individual has wages from multiple covered employers or income from self-employment, the wages from these multiple sources in each separate quarter shall be combined to determine the eligible individual's average weekly wage calculated pursuant to paragraph (b).

(d) The weekly benefit amount calculated according to this section, if not a multiple of one dollar ($1.00), shall be rounded to the nearest dollar amount.

3503.2

(a) No eligible individual shall be entitled to payment of paid-leave benefits at a rate in excess of the maximum weekly benefit amount.

(b) Before October 1, 2021, the maximum weekly benefit amount shall be one thousand dollars ($1,000).

(c) DOES shall adjust the maximum weekly benefit amount annually, to take effect on October 1, 2021, and on October 1 of each successive year, as provided in section 104(g)(6) of the Act (D.C. Official Code § 32-541.04(g)(6) ).

D.C. Mun. Regs. tit. 7, r. 7-3503

Final Rulemaking published at 67 DCR 4001 (4/10/2020); amended by Final Rulemaking published at 68 DCR 1141 (2/11/2022)