DC: Paid Leave--Rulemaking for Paid Family Leave Benefits Approval Resolution of 2020

On January 6, 2020 Chairman Phil Mendelson at the Request of the Mayor, submitted via the DC Register for introduction PR23 – 0647, the “Rulemaking for Paid Family Leave Benefits Approval Resolution of 2020”. The resolution represents the final proposed rules for the DC Paid Family Leave program and will be the subject of a roundtable hosted by the Council’s Committee on Labor and Workforce Development on Thursday, January 30th.

As introduced, the resolution specifies the rules governing the implementation of the program and addresses the final set of recommendations submitted in the fall of 2019. The resolution highlights additional rules for employers including the ability for employers to offer additional leave above and beyond the leave provided under the law. It does not however allow for employers to obtain and receive any credit for leave offered as part of their current leave programs as recommended by the chapter during the fall 2019 training session with the Office of Paid Family Leave, within the Department of Employment Services (DOES).

In addition, it clarifies the rules around notification on behalf of the government as employees. Under the proposed rules, the government will be required to notify employers of an employee’s request for leave within 72 hours of receiving the request. In addition, the government may also request additional information from the employer to substantiate the claim. If the employer fails to provide the additional information, there will not be a penalty levied against the employer, but it could impact their ability to file a complaint objecting to the leave at a later time.

Lastly, the legislation also mandates that employees requesting leave notify their employer in a reasonable time period, the timing of which varies based on the type of leave requested. At the present time the chapter is not scheduled to offer comments and/or testimony at the roundtable but will submit written comments before the closing of the record if issues are raised by the chapter membership. Unless there are substantial objections by members of the Council or a disapproval resolution is introduced, which at the current time is not expected, the rules will be deemed approved at the close of business on March 26.

To review the complete rules, please visit here. To submit comments or inquire about other issues not addressed in this posting, please contact Eric J. Jones, MSF Associate Director of Government Affairs at ejones@abcmetrowashington.org