D.C. Mun. Regs. tit. 7, r. 7-3513

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

Rule 7-3513 - RELATIONSHIP TO OTHER BENEFITS AND INCOME

3513.1

If paid leave taken pursuant to this chapter also qualifies as protected leave pursuant to FMLA, or D.C. FMLA, the paid leave shall run concurrently with, and not in addition to, leave taken under those other acts.

3513.2

Nothing in this chapter shall be construed to provide job protection to any eligible individual beyond that to which an individual is entitled under the D.C. FMLA.

3513.3

An eligible individual shall not be eligible to receive payment for paid-leave benefits under this chapter for any day of leave that falls within any week for which the individual also receives or expects to receive payments pursuant to the District of Columbia Unemployment Compensation Act, effective August 28, 1935 (49 Stat. 946; D.C. Official Code § 51-101et seq.). Individuals are not prohibited from receiving paid-leave benefits under this chapter even if they have an open or pending claim for unemployment compensation as long as unemployment compensation payments are not received or expected for the same weeks that contain any payable date under this chapter.

3513.4

An eligible individual shall not be eligible to receive paid-leave benefits under this chapter for any day of leave that falls within any period of time for which long-term disability payments are attributable. This prohibition applies regardless of whether the monetary payments for the period of eligibility for long-term disability benefits were already received, are being actively received, or are expected to be received in the future. The periods of time during which the prohibition on concurrent receipt of paid-leave payable dates are in force may be days, weeks, months, or any other period of time for which the individual actively or passively seeks or receives long-term disability payments attributable to a disability occurring within that period of time.

3513.5

An eligible individual's right to short-term, employer-provided paid-leave benefits, including but not limited to paid sick time, vacation time, short-term disability benefits, and paid parental leave, while receiving paid-leave benefits under this chapter will be determined by the employer's policies. Nothing in this chapter shall be interpreted as prohibiting employers from maintaining or amending any existing or future policies regarding their own private employee benefits.

3513.6

(a)

An eligible individual is not permitted to earn income by performing his or her regular and customary work during the period for which the eligible individual receives benefits under this chapter.

(b) Payments made under this chapter for days on which the eligible individual earns income by performing his or her regular and customary work shall constitute erroneous payments subject to Sections 3514 and 3515.

(c) Unless other provisions in this chapter provide for an earlier date of benefit termination, an eligible individual's entitlement to benefits payable under a continuous payment schedule provided by this chapter shall stop on the date on which the eligible individual returns to earning income by performing his or her regular and customary work.

(d) Unless other provisions in this chapter provide for an earlier date of benefit termination, an eligible individual's entitlement to benefits payable under an intermittent payment schedule provided by this chapter shall stop on the day of the week on which an eligible individual elected to receive intermittent benefits and on which the eligible individual returns to earning income by performing his or her usual and customary work.

(e) Restrictions on earning income while receiving benefits for continuous and intermittent leave are subject to the limitations set forth in Section 3506.

D.C. Mun. Regs. tit. 7, r. 7-3513

Final Rulemaking published at 67 DCR 4001 (4/10/2020); amended by Final Rulemaking published at 70 DCR 1101 (1/27/2023)