3506.1 An eligible individual may elect to receive paid leave either intermittently or continuously.
3506.2 When receiving benefits payable for continuous leave, an eligible individual shall earn no income by performing his or her usual and customary work during any part of the calendar weeks during which benefits for continuous leave are payable to the eligible individual, except for the first and last payable weeks, which, if they are partial weeks, shall be treated for the purposes of benefit amounts in a similar manner as weeks during which intermittent-leave benefits are payable pursuant to this section.
3506.3 When receiving benefits payable for intermittent leave, an eligible individual shall earn no income by performing his or her usual and customary work on any of the days for which the eligible individual is claiming paid-leave benefits. However, the eligible individual may earn income by performing his or her usual and customary work on days for which intermittent-leave benefits are not payable, subject to the limitation described in Subsection 3506.11.
3506.4 When electing continuous leave upon initial application for benefits, or when electing a change in payment schedule from intermittent to continuous leave, an eligible individual shall:
(a) Acknowledge in writing to DOES that the individual understands that he or she may earn no income by performing his or her usual and customary work during any part of the calendar week(s) during which benefits for continuous leave benefits are payable to the eligible individual, except for the first and last payable weeks, if they are partial weeks; and(b) If either the first or last payable weeks are partial weeks:(1) Designate an intermittent leave indicator pursuant to Subsection 3506.5; and(2) Certify that the days of the calendar week for which the individual seeks a partial week of benefits were days of the calendar week during which the individual performed his or her regular and customary work in the period before the occurrence of the qualifying paid-leave event, or, in the case of an election to change the leave schedule pursuant to Subsection 3506.12, before the date of the election pursuant to Subsection 3506.12.3506.5 When electing intermittent leave upon initial application for benefits, or when electing a change in payment schedule from continuous to intermittent leave, the eligible individual shall:
(a) Inform DOES and the covered employer of the specific dates on which the individual wishes to claim paid-leave benefits;(b) Designate an intermittent leave indicator, identifying the days on which the individual regularly worked, in total, from all sources of employment. This intermittent leave indicator shall be either a personalized intermittent leave indicator or the default intermittent leave indicator.(1) A personalized intermittent leave indicator identifies the number of days per calendar week, different from the five (5) day workweek described in the default intermittent leave indicator, that the individual regularly worked, during the individual's most recent usual and customary week of working.(2) The default intermittent leave indicator is based on a five (5) day workweek. Individuals receiving benefits on a continuous payment schedule are assigned the default intermittent leave indicator (except for the first and last payable weeks, if they are partial weeks) for the purposes of this chapter. If an individual receiving benefits on an intermittent leave schedule does not designate a number of days as provided in subparagraph (1), the default intermittent leave workweek shall be assigned to the individual.(c) Certify that the days of the calendar week for which the individual seeks intermittent benefits were days of the calendar week during which the individual performed his or her regular and customary work in the period before the occurrence of the qualifying paid-leave event, or, in the case of an election to change the leave schedule pursuant to Subsection 3506.12, before the date of the election pursuant to Subsection 3506.12; and(d) Acknowledge in writing to DOES that the individual understands that he or she may earn no income by performing his or her usual and customary work on any of the days for which intermittent paid-leave benefits are payable to the eligible individual.3506.6 When receiving benefits on an intermittent payment schedule, an individual may submit a request to amend the days for which benefits are payable.
(a) For qualifying medical leave or qualifying family leave, any amendment to the leave schedule must be medically necessary as established by appropriate medical documentation signed by a healthcare provider submitted to DOES by the individual. The requirement for such documentation for an amendment maybe satisfied by a signed affirmation of a medical or family leave event by the eligible individual when: (1) The occurrence involved an unexpected occurrence of incapacity due to a serious health condition of the individual or the eligible individual's family member;(2) The serious health condition is a chronic serious health condition for which substantiating medical evidence has been provided to DOES and for which qualifying medical leave or qualifying family leave benefits have been approved by DOES as payable;(3) A medical provider has certified that unexpected occurrences of incapacity are expected due to the chronic serious health condition;(4) The qualifying medical leave or qualifying family leave claim for which the chronic serious health condition is the serious health condition for which benefits have been approved as payable is currently an open claim or the claim has not been a closed claim for more than ten (10) business days; and(5) DOES has not determined that a reasonable basis exists for requiring medical documentation signed by a health care provider for the occurrence.(a-1) For qualifying pre-natal leave, any amendment to the leave schedule must be medically necessary as established by appropriate medical documentation signed by a health care provider submitted to DOES by the individual.(b) If the individual did not take leave on a past date on which the individual intended to take paid leave, the individual shall submit a request to amend the payment schedule to DOES with an explanation of the need to amend the past date and an indication of any date on which leave was actually taken. A request to amend leave for a past date shall be submitted no later than thirty (30) days after the day on which the leave was scheduled to occur.(c) For qualifying family, medical, or pre-natal leave events approved by DOES for intermittent leave benefits, if the individual took leave on an unscheduled past date due to the occurrence of the qualifying event already approved by DOES as payable, the individual may request intermittent leave benefits for that day by submitting documentation proving the occurrence of the qualifying event on that date. A request to amend leave for a past date shall be submitted no later than thirty (30) days after the day on which the leave was taken.(d) Individuals receiving intermittent leave benefits for a parental leave event shall not be approved for intermittent leave benefits for leave taken on past dates for which the individual was not approved for leave in advance.(e) During an open claim, when the individual intends to take leave on future dates that differ from the approved schedule, the individual shall submit a request to DOES to amend the days for which benefits are payable with an explanation of the need to amend the future dates and an indication of the dates on which the individual now intends to claim paid leave.(f) DOES shall notify the employer of any such amendment.3506.7 The amount paid to an individual electing intermittent leave shall be calculated based on a daily benefit amount, which shall be derived from the individual's weekly benefit amount calculated pursuant to Section 3503. The daily benefit amount for an individual electing intermittent leave shall equal the individual's weekly benefit amount calculated in Section 3503 divided by the individual's intermittent leave indicator, incorporating any amendments pursuant to Subsection 3506.8.
3506.8 During an open claim, an individual may request that DOES amend the indicator supplied pursuant to Subsection 3506.5(b) if the individual's work schedule changes.
(a) Any such change shall affect only those benefits payable for dates after the date on which DOES receives notice of such change, if the change is approved.(b) An individual may request such an amendment no more than one (1) time per calendar month during an open claim.3506.9 If an individual's intermittent leave indicator changes during an open claim as a result of the individual's election pursuant to Subsection 3506.8, the maximum number of intermittent-leave days for which the individual is eligible for benefits will also change, but neither the total number of eligible workweeks nor the total dollar amount of eligible benefits will change. For example, if an individual's work schedule changes from three days to five days during an open claim, and the individual properly notifies DOES of such change pursuant to Subsection 3506.8 and is approved for such change, then the individual's daily benefit amount for all days claimed in the future will decrease from one-third (1/3) of the weekly benefit amount to one-fifth (1/5) of the weekly benefit amount. In such case, the maximum amount of approved benefits for the open claim, expressed as a dollar amount or as a number of workweeks, will not change, but the number of remaining days for which the individual is eligible for intermittent leave will change.
3506.10 If, as a result of changes to the individual's work schedule pursuant to Subsection 3506.8, the amount of workweeks of leave remaining on the last day of approved leave equals a fraction less than the individual's weekly benefit amount calculated in Section 3503 divided by the individual's intermittent leave indicator, then the individual shall receive payment only for the fraction remaining.
3506.11 For individuals receiving benefits on an intermittent schedule, the sum of the number of days in a calendar week during which benefits under this chapter are payable, and the number of days in that calendar week during which the eligible individual earns income by performing his or her usual and customary work, shall not exceed the number of days given by the intermittent leave indicator supplied by the individual pursuant to Subsection 3506.5(b)and any amendments pursuant to Subsection 3506.8.
(a) Calendar weeks during which the sum of the number of days on which the individual performs his or her usual and customary work, and the number of days on which the individual receives benefits payable under this chapter, exceeds the individual's current intermittent leave indicator shall be considered weeks during which erroneous payments subject to Section 3514 were made.(b) The number of days for which erroneous payments were made in such weeks shall be determined as the number of days on which the individual performed his or her usual and customary work and received benefits payable under this chapter that exceed the individual's current intermittent leave indicator.3506.12 At any time after the first day for which paid-leave benefits are payable under this chapter, an eligible individual may notify DOES of his or her election to change the leave schedule, but such elections may be made no more frequently than once a month. When a change in the payment schedule is from intermittent to continuous leave or from continuous to intermittent leave, such notification shall include:
(a) The type of benefit payment schedule currently in payment status, either continuous or intermittent;(b) The type of benefit payment schedule to which the eligible individual is electing to change, either continuous or intermittent;(c) If changing to a continuous payment schedule, then the elements described in Subsection 3506.4; and(d) If changing to an intermittent payment schedule, then the elements described in Subsection 3506.5.3506.13 Within ten (10) business days after receiving the eligible individual's notification of his or her election to change the leave schedule from either intermittent to continuous leave or from continuous to intermittent leave, DOES shall notify both the covered employer and eligible individual of the following:
(a) A determination of the approval or denial of the request to change the payment schedule, or a request for additional information;(b) If approved, a description of the approved payment schedule.3506.14 In addition to the notifications described in Subsection 3506.13, DOES shall also notify the eligible individual in private communication within the ten (10) business day period described in Subsection 3506.13 of the following:
(a) The approved weekly benefit amount and, if applicable, the approved daily benefit amount; and(b) A description of the process to file an appeal with the DOES Administrative Appeals Division or the Office of Administrative Hearings.3506.15 A change in the benefit payment schedule from continuous to intermittent or from intermittent to continuous shall take effect on the first Sunday that begins the next biweekly payment period following DOES's approval of the individual's request to change the payment schedule.
D.C. Mun. Regs. tit. 7, r. 7-3506
Final Rulemaking published at 67 DCR 4001 (4/10/2020); amended by Final Rulemaking published at 68 DCR 1141 (2/11/2022); amended by Final Rulemaking published at 70 DCR 1101 (1/27/2023)