(a) A basic administrative workweek of 40 hours is established for each full-time employee and the hours of work within that workweek shall be performed within a period of not more than 6 of any 7 consecutive days; except, that:
(1) The basic workweek for uniformed members of the Firefighting Division of the District of Columbia Fire Department shall not exceed 48 hours and the Division shall operate under a 2-shift system with all hours of duty of either shift being consecutive; and
(2) The basic workweek, hours of work, and tour of duty for all employees of the Board of Education and the Board of Trustees of the University of the District of Columbia shall be established under rules and regulations issued by the respective Boards; provided, that the basic work scheduling for all employees in recognized collective bargaining units to these established tours of duty shall be subject to collective bargaining, and collective bargaining provisions related to scheduling shall take precedence over conflicting provisions of this subchapter.
(b) Except when the Mayor determines that an organization would be seriously handicapped in carrying out its functions or that costs would be substantially increased, tours of duty shall be established to provide, with respect to each employee in an organization, that:
(1) Assignments to tours of duty are scheduled in advance over periods of not less than 1 week;
(2) The basic 40 hour workweek is scheduled on 5 days, Monday through Friday when practicable, and the 2 days outside the basic workweek are consecutive;
(3) The working hours in each day in the basic workweek are the same;
(4) Overtime shall be paid in accordance with Title XVII and the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. § 201 et seq.);
(5) The occurrence of holidays may not affect the designation of the basic workweek; and
(6) Breaks in working hours of more than 1 hour may not be scheduled in a basic workday except under rules and regulations on flexible work schedules as provided in subsection (e) of this section.
(c) Special tours of duty, of not less than 40 hours, may be established to enable employees to take courses in nearby colleges, universities or other educational institutions that will equip them for more effective work in the District government. Premium pay may not be paid to an employee solely because his or her special tour of duty results in his or her working on a day or at a time of day for which premium pay is otherwise authorized.
(d) To the maximum extent practicable, time to be spent by an employee in a travel status away from his or her official duty station shall be scheduled within the regularly scheduled workweek of the employee.
(e) The Mayor shall issue rules and regulations governing hours of work. Such rules and regulations shall provide for the use of flexible work schedules within the 40 hour workweek when such schedules are considered both practicable and feasible.
(1973 Ed., § 1-342.1; Mar. 3, 1979, D.C. Law 2-139, § 1201, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(p), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(o), 43 DCR 2978; June 10, 1998, D.C. Law 12-124, § 101(o)(1), 45 DCR 2464; Apr. 12, 2005, D.C. Law 15-334, § 2(a), 52 DCR 2012; Sept. 24, 2010, D.C. Law 18-223, § 1032(a), 57 DCR 6242.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-613.1.
1973 Ed., § 1-342.1.
Effect of Amendments
D.C. Law 15-334 rewrote subsec. (a)(2) which had read as follows:
"(2) The basic workweek and hours of work for all employees of the Board of Education and the Board of Trustees of the University of the District of Columbia shall be established under rules and regulations issued by the respective Boards; provided, however, that the basic work scheduling for all employees in recognized collective bargaining units shall be subject to collective bargaining, and collective bargaining agreements shall take precedence over the provisions of this subchapter."
D.C. Law 18-223 rewrote subsec. (b)(4), which had read as follows:
"(4) The basic nonovertime workday may not exceed 8 hours;"
Temporary Addition of Section
Sections 2 to 4 of D.C. Law 19-1 added sections to read as follows:
"Sec. 2. Furloughing of employees.
"(a)(1) Notwithstanding any other District law or regulation, and except as provided in subsection (b) of this section and section 3, the personnel authority of each subordinate and independent agency and instrumentality of the District of Columbia government shall furlough each of its full-time employees for 4 legal public holidays without pay during the fiscal year ending September 30, 2011, and each of its part-time employees with a scheduled tour of duty for the appropriate pro-rated amount of furlough hours for the 4 furlough days.
"(2) Except as provided in subsection (b) of this section, the unpaid furlough days required by this act shall be scheduled on the following legal public holidays, as that term is described in section 1202 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-612.02):
"(A) Washington's Birthday, Monday, February 21, 2011;
"(B) District of Columbia Emancipation Day, Friday, April 15, 2011;
"(C) Memorial Day, Monday, May 30, 2011; and
"(D) Independence Day, Monday, July 4, 2011.
"(b)(1) Each agency and instrumentality shall furlough each covered employee on the designated legal public holidays, unless doing so:
"(A) Would impair the ability of the agency or instrumentality to fulfill its essential or emergency public health or public safety functions;
"(B) Would impair the ability of the agency or instrumentality to fulfill its mission;
"(C) Is not possible because the holiday is not part of an employee's pay period; or
"(D) Is not legally permissible.
"(2) If a covered employee cannot be furloughed on any of the legal public holidays listed in subsection (a)(2) of this section due to any of the reasons listed in paragraph (1) of this subsection, as determined by the Mayor, the employing agency or instrumentality, in consultation with the applicable personnel authority, shall schedule the furlough day on an alternate date in the same pay period that does not impair the ability of the agency or instrumentality to fulfill its mission, as determined by the Mayor. The District of Columbia Public Schools shall not furlough a classroom teacher on a date when there is classroom instruction during an instructional period.
"(3)(A) Notwithstanding paragraphs (1) and (2) of this subsection, the 4 furlough days required under subsection (a) of this section may be scheduled on alternate dates in the same or subsequent pay periods for covered employees, including correctional officers, working in an agency listed in this paragraph; provided, that each of the covered employees is furloughed the required 4 days by July 31, 2011. This paragraph shall apply to the:
"(i) Department of Youth Rehabilitation Services employees at the Youth Services Center and at New Beginnings;
"(ii) Department of Corrections correctional personnel at the Central Detention Facility;
"(iii) Office of Unified Communications employees; and
"(iv) Office of the Chief Medical Examiner employees.
"(B) The Mayor shall have discretion in the application of the furlough provided under this paragraph.
"(c) To the extent possible, employees who are newly hired after any of the 4 legal public holidays designated as furlough days shall be furloughed during the same pay period of the legal public holiday.
"(d) Unless a subordinate or independent agency or instrumentality has authority to adopt rules governing furloughs and has adopted such rules, each agency and instrumentality is subject to the furlough rules published at 6 DCMR B §§ 2438 through 2446 and 2499, or emergency rules published by the District of Columbia Department of Human Resources to implement the provisions of this act.
"(e)(1) Notwithstanding any other District law or regulation, each employee shall be provided not less than 15 days written notice before the employee's first furlough date and the provision of 15 days written notice shall be sufficient notice to permit the furloughing of the employee on that first furlough date.
"(2) If an employing agency or instrumentality is unable to give notice in accordance with paragraph (1) of this subsection for the unpaid furlough day specified by subsection (a)(2)(A) of this section, or schedule the furlough day as required by this act, the employing agency or instrumentality, in consultation with the applicable personnel authority, shall schedule the furlough day on an alternate date in any subsequent pay period on or before July 31, 2011.
"Sec. 3. Scope of coverage.
"(a) This act shall apply to all subordinate and independent agencies and instrumentalities, except the following agencies or instrumentalities:
"(1) Not-for-Profit Hospital Corporation;
"(2) District of Columbia Housing Authority;
"(3) District of Columbia Housing Finance Agency;
"(4) Washington Convention and Sports Authority; and
"(5) District of Columbia Water and Sewer Authority.
"(b) The following positions shall be exempt from the coverage of this act:
"(1) Positions in an agency that is the subject of a court order specifically excluding the positions from furlough actions; and
"(2) Certain essential or emergency positions, as determined by the Mayor by executive order, within the Metropolitan Police Department and the Fire and Emergency Medical Services Department.
"Sec. 4. Transfer of funds.
"All furlough cost savings associated with special purpose revenue or dedicated taxes shall be transferred to the unrestricted fund balance of the General Fund of the District of Columbia."
Section 6(b) of D.C. Law 19-1 provides that the act shall expire after 225 days of its having taken effect.
Section 5 of D.C. Law 19-172 added a provision to read as follows:
"Sec. 5. Furlough rebate implementation.
"(a) Notwithstanding the Bonus and Special Pay Limitation Act of 2011, effective September 14, 2011 (D.C. Law 19-21; 58 DCR 6226), a current employee who did not receive compensation for at least one unpaid furlough day in fiscal year 2011 pursuant to the Balanced Budget Holiday Furlough Emergency Act of 2011, effective February 2, 2011 (D.C. Act 19-3; 58 DCR 1241), the Balanced Budget Holiday Furlough Congressional Review Emergency Act of 2011, effective April 27, 2011 (D.C. Act 19-50; 58 DCR 3874), or the Balanced Budget Holiday Furlough Temporary Act of 2011, effective May 21, 2011 (D.C. Law 19-1; 58 DCR 2610), shall receive a furlough rebate in accordance with subsection (b) of this section unless the employee affirmatively chooses to waive all or any part of the furlough rebate in accordance with subsection (c) of this section.
"(b)(1) A current employee who receives a furlough rebate shall be given a one-time lump-sum payment in an amount of the current employee's loss of salary or rate attributable to unpaid furlough days.
"(2) A furlough rebate shall not include losses attributable to benefits, reimbursements, deductions, or any other additional pay of any kind beyond the rate of basic pay.
"(3) A furlough rebate shall not be used or counted toward a current employee's retirement benefits or otherwise affect the current employee's eligibility for a benefit offered by the District government.
"(c)(1) An employee eligible to receive a furlough rebate may decline to accept all or any part of the furlough rebate if the employee signs a waiver and files the waiver with the Director of Personnel within 30 days after the effective date of the Fiscal Year 2012 Second Revised Budget Request Emergency Adjustment Act of 2012, effective June 20, 2012 (D.C. Act 19-382; 59 DCR 7760).
"(2) Once an employee files a waiver pursuant to this subsection, the waiver may not be revoked.
"(d) For the purposes of this section, the term "current employee" means an employee of the District who is employed by the District on July 10, 2012."
Section 7(b) of D.C. Law 19-172 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 1032(a) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
For temporary (90 day) addition of sections, see §§ 2 to 4 of Balanced Budget Holiday Furlough Emergency Act of 2011 (D.C. Act 19-3, February 2, 2011, 58 DCR 1241).
For temporary (90 day) amendment of § 2 of D.C. Act 19-3, see § 2 of Public Safety Civilian Emergency Personnel Furlough Exemption Emergency Amendment Act of 2011 (D.C. Act 19-28, March 1, 2011, 58 DCR 2587.
For temporary (90 day) addition of sections, see §§ 2 to 4 of Balanced Budget Holiday Furlough Congressional Review Emergency Act of 2011 (D.C. Act 19-50, April 27, 2011, 58 DCR 3874).
For temporary (90 day) addition of section, see § 5 of Fiscal Year 2012 Second Revised Budget Request Emergency Adjustment Act of 2012 (D.C. Act 19-382, June 20, 2012, 59 DCR 7760).
For temporary (90 day) addition of section, see § 5 of Fiscal Year 2012 Second Revised Budget Request Congressional Review Emergency Adjustment Act of 2012 (D.C. Act 19-406, July 20, 2012, 59 DCR 9124).
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
For legislative history of D.C. Law 6-177, see Historical and Statutory Notes following § 1-601.02.
For legislative history of D.C. Law 11-152, see Historical and Statutory Notes following § 1-602.02.
Law 12-124, the "Omnibus Personnel Reform Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-44, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on February 3, 1998, and March 17, 1998, respectively. Signed by the Mayor on April 1, 1998, it was assigned Act No. 12-326 and transmitted to both houses of Congress for its review. D.C. Law 12-124 became effective on June 10, 1998.
Law 15-334, the "Labor Relations and Collective Bargaining Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-913 which was referred to the Committee on Public Interest. The Bill was adopted on first and second readings on December 7, 2004, and December 21, 2004, respectively. Signed by the Mayor on January 19, 2005, it was assigned Act No. 15-747 and transmitted to both Houses of Congress for its review. D.C. Law 15-334 became effective on April 12, 2005.
For Law 18-223, see notes following § 1-301.78.
Miscellaneous Notes
Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.
Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.
Applicability of § 101(l)(1) of D.C. Law 12-124: Section 401(b) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(o)(1) of the act shall apply upon the enactment by the United States Congress of an amendment to 29 U.S.C. § 207 of the Fair Labor Standards Act to exempt the District of Columbia government from the applicability of the overtime provisions when employees are on a compressed work schedule up to 80 hours per pay period. Since Congress has not, as of date, enacted such an amendment, the amendments made by section 101(o)(1) of D.C. Law 11-210 have not been implemented.
Since Congress has not, as of date, enacted such an amendment, the amendments made by section 101(o)(1) of D.C. Law 12-124 have not been implemented.
Short title: Section 1031 of D.C. Law 18-223 provided that subtitle D of title I of the act may be cited as the "Overtime Work Hours Amendment Act of 2010".
(a) Legal public holidays are as follows:
(1) New Year's Day, January 1st of each year;
(2) Dr. Martin Luther King, Jr.'s Birthday, the 3rd Monday in January of each year;
(3) Washington's Birthday, the 3rd Monday in February of each year;
(4) Memorial Day, the last Monday in May of each year;
(5) Independence Day, July 4th of each year;
(6) Labor Day, the 1st Monday in September of each year;
(7) Columbus Day, the 2nd Monday in October of each year;
(8) Veterans Day, November 11th of each year;
(9) Thanksgiving Day, the 4th Thursday in November of each year;
(10) Christmas Day, December 25th of each year; and
(11) Beginning in the year 2007, District of Columbia Emancipation Day, April 16th of each year.
(b) For purposes of pay and leave with respect to a legal public holiday listed in subsection (a) of this section and any other day designated to be a legal holiday by the Mayor, the following rules and regulations shall apply:
(1) For full-time employees whose basic workweek is Monday through Friday, if a legal holiday occurs on Saturday, the Friday immediately before is a legal public holiday and if a legal holiday occurs on Sunday, the Monday immediately following is a legal public holiday;
(2) For full-time employees whose basic workweek is other than Monday through Friday, except the regular weekly nonworkday administratively scheduled for the employee instead of Sunday, the workday immediately before that regular weekly nonworkday is a legal public holiday for the employee; and
(3) For part-time employees, a legal holiday or a day designated as a holiday under paragraph (1) of this subsection which falls on the employee's regularly scheduled workday is a legal public holiday for the employee.
(c) January 20th of each 4th year starting in 1981, Inauguration Day, is a legal public holiday for the purpose of pay and leave of employees scheduled to work on that day. When January 20th of any 4th year falls on Sunday, the next succeeding day selected for the public observance of the inauguration of the President is a legal public holiday for the purposes of this section.
(d) When an employee, having a regularly scheduled tour of duty is relieved or prevented from working on a day District agencies are closed by order of the Mayor, he or she is entitled to the same pay for that day as for a day on which an ordinary day's work is performed.
(e) The Mayor shall prescribe rules and regulations governing the pay and leave of employees in connection with legal public holidays and other designated nonworkdays.
(f) The Board of Trustees of the University of the District of Columbia shall have authority to establish not more than 3 additional holidays to honor persons or events germane to academic interests.
(Mar. 3, 1979, D.C. Law 2-139, § 1202, 25 DCR 5740; Mar. 14, 1985, D.C. Law 5-155, § 2, 32 DCR 11; Feb. 24, 1987, D.C. Law 6-177, § 3(q), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(p), 43 DCR 2978; Apr. 3, 2001, D.C. Law 13-237, § 3(a), 48 DCR 597; Apr. 5, 2005, D.C. Law 15-288, § 3, 52 DCR 1441; Mar. 2, 2007, D.C. Law 16-191, § 95, 53 DCR 6794.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-613.2.
1973 Ed., § 1-342.2.
Effect of Amendments
D.C. Law 13-237, in the section heading, inserted "Public".
D.C. Law 15-288, in subsec. (c), designated the existing text as par. (1), and added par. (2).
D.C. Law 16-191, in subsec. (a), validated a previously made technical correction in par. (9), substituted "; and" for a period at the end of par. (10), and added par. (11); and, in subsec. (c), deleted the par. (1) designation and repealed par. (2), which had read as follows:
(2)" April 16 of each year starting in 2005 shall be District of Columbia Emancipation Day, which shall be a legal public holiday for the purpose of pay and leave of employees scheduled to work on that day; provided, that in 2005 and 2006, it shall be celebrated on the date of April 16 and not on the following Monday."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2 of District of Columbia Emancipation Day Alternate Date Temporary Amendment Act of 2005 (D.C. Law 16- 41, December 10, 2005, law notification 52 DCR 11037).
Temporary Addition of Section
For temporary (225 day) addition, see § 2(a) of District of Columbia Emancipation Day Temporary Act of 2000 (D.C. Law 13-152, July 18, 2000, law notification 47 DCR 6102).
Emergency Act Amendments
For temporary (90 day) amendment of section, see §§ 2 and 3 of District of Columbia Emancipation Day Emergency Amendment Act of 2005 (D.C. Act 16-66, April 20, 2005, 52 DCR 4140).
For temporary (90 day) amendment, see § 2 of District of Columbia Emancipation Day Alternate Date Emergency Amendment Act of 2005 (D.C. Act 16-148, July 26, 2005, 52 DCR 7189).
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
Law 5-155 was introduced in Council and assigned Bill No. 5-322, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 7, 1984 and December 4, 1984, respectively. Signed by the Mayor on December 10, 1984, it was assigned Act No. 5-220 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 6-177, see Historical and Statutory Notes following § 1-601.02.
For legislative history of D.C. Law 11-152, see Historical and Statutory Notes following § 1-602.02.
Law 13-237, the "District of Columbia Emancipation Day Amendment Act of 2000", was introduced in Council and assigned Bill No. 13-631, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 8, 2000, and December 5, 2000, respectively. Signed by the Mayor on December 21, 2000, it was assigned Act No. 13-514 and transmitted to both Houses of Congress for its review. D.C. Law 13-237 became effective on April 3, 2001.
Law 15-288, the "District of Columbia Emancipation Day Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-827, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 9, 2004, and December 7, 2004, respectively. Signed by the Mayor on January 4, 2005, it was assigned Act No. 15-682 and transmitted to both Houses of Congress for its review. D.C. Law 15-288 became effective on April 5, 2005.
For Law 16-191, see notes following § 1-325.44.
Effective Dates
Section 4(b) of D.C. Law 5-155 provides that §§ 2 and 3 of the act shall take effect January 1, 1986.
Miscellaneous Notes
Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.
Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.
A legal private holiday is a day on which any paid family, vacation, personal, compensatory, leave bank or unpaid leave that has been provided by the employer may be granted pursuant to subchapter XII of this chapter and Chapter 12 of Title 32 and includes the District of Columbia Emancipation Day, April 16th of each year.
(Mar. 3, 1979, D.C. Law 2-139, as added, Apr. 3, 2001, D.C. Law 13-237, § 3(b), 48 DCR 597.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition of section, see § 3(b) of District of Columbia Emancipation Day Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-20, March 16, 2001, 48 DCR 2699).
Legislative History of Laws
For Law 13-237, see notes following § 1-612.02.
Resolutions
Resolution 14-409, the "Council Emancipation Day Delegation Emergency Resolution of 2002", was approved effective April 19, 2002.
(a) All employees shall be entitled to earn annual and sick leave as provided herein, except:
(1) Educational employees under the Board of Education or Board of Trustees of the University of the District of Columbia. The leave system for such employees shall be established by rules and regulations promulgated by the respective Boards;
(2) An intermittent employee who does not have a regularly scheduled tour of duty;
(3) Elected officials;
(4) Members of boards and commissions whose pay is fixed under § 1-611.08;
(5) A temporary employee appointed for less than 90 days;
(6) Employees first hired after September 30, 1987; or
(7) Employees covered under subchapter X-A of this chapter.
(b) The days of leave are days on which an employee would otherwise work and receive pay and are exclusive of holidays and nonworkdays. The annual leave provided by this section, including annual leave that will accrue to an employee during the year, may be granted at any time during the year by the appropriate personnel authority.
(c) An employee who accepts a position excepted from these provisions under subsection (a) of this section, without a break in service, may elect either a lump-sum payment for any unused annual leave or have such leave retained for recrediting purposes if he or she returns to a position covered by these provisions.
(d) An employee who uses excess annual leave credited because of administrative error may elect to refund the amount received for the days of excess leave by lump-sum or installment payments, or to have the excess leave carried forward as a charge against later accruing annual leave, unless repayment is waived as provided under subchapter XXIX of this chapter.
(e)(1) An employee is entitled to annual leave with pay which accrues as follows:
(A) One-half day for each full biweekly pay period for an employee with less than 3 years of federal or District government service;
(B) Three-fourths day for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the year is one and one-fourth days, for an employee with 3 but less than 15 years of federal or District government service; and
(C) One day for each full biweekly pay period for an employee with 15 or more years of federal or District government service.
(2) For the purposes of this subsection, an employee is deemed employed for a full biweekly pay period if he or she is employed during the days within that period, exclusive of legal holidays and nonworkdays which fall within his or her basic administrative workweek. A part-time employee serving on a prearranged scheduled tour of duty is entitled to earn leave as provided above on a pro rata basis. Leave accrues to an employee who is not paid on the basis of biweekly pay periods on the same basis as it would accrue if the employee were paid based on biweekly pay periods. A change in the rate of accrual of annual leave by an employee under this subsection takes effect at the beginning of the pay period after the pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, in which the employee completed the prescribed period of service.
(f) In determining years of service for leave accrual purposes, an employee is entitled to credit for all service creditable under § 8332 of Title 5 of the United States Code for annuity purposes under Civil Service retirement. An employee who is a military retiree is entitled to credit for active military service only if his or her retirement was based on disability resulting from injury or disease received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurred in line of duty during a period of war as defined by §§ 101 and 301 of Title 38 of the United States Code. The determination of years of service may be made on the basis of an affidavit of the employee.
(g) An employee whose current employment is limited to less than 90 days is entitled to annual leave only after being currently employed for a continuous period of 90 days under successive temporary appointments without a break in service. After completing the 90-day period, the employee is entitled to be credited with the leave that would have accrued to him or her since the date of his or her initial temporary appointment.
(h) Annual leave which is not used by an employee accumulates for use in succeeding years until it totals not more than 30 days at the beginning of the 1st full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a calendar year.
(1) Annual leave in excess of 30 days which was accumulated under an earlier statute remains to the credit of the employee until used. The excess annual leave is reduced at the beginning of the 1st full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year, by the amount of annual leave the employee used during the preceding year in excess of the amount which accrued during that year until the employee's accumulated leave does not exceed 30 days.
(2) Annual leave which is lost due to administrative error when the error causes a loss of annual leave otherwise accruable after June 30, 1960, exigencies of the public business when the annual leave was scheduled in advance, or sickness of the employee when the annual leave was scheduled in advance, shall be restored to the employee:
(A) Restored annual leave which is in excess of 30 days shall be credited to a separate leave account for the employee and shall be available for use by the employee for a period of 2 years. Restored leave shall be included in a lump-sum payment if unused and still available upon the separation of the employee;
(B) Annual leave otherwise accruable after June 30, 1960, which is lost because of administrative error and is not recredited because the employee is separated before the error is discovered, is subject to credit and liquidation by lump-sum payment only if a claim therefor is filed within 3 years immediately following the date on which the error is discovered.
(i) When an individual who received a lump-sum payment for leave is reemployed before the end of the period covered by the lump-sum payment, except in a position excepted under subsection (a) of this section, he or she shall refund an amount equal to the pay covering the period between the date of reemployment and the expiration of the lump-sum period.
(j) An employee is entitled to sick leave with pay which accrues on the basis of one-half day for each full biweekly pay period: Except, that sick leave with pay accrues to a member of the Firefighting Division of the Fire Department on the basis of two-fifths of a day for each full biweekly pay period. Sick leave may not be charged to the account of a uniformed member of the Metropolitan Police Department or the Fire Department for an absence due to injury or illness resulting from the performance of duty.
(k) The annual and sick leave to the credit of a federal employee who transfers to the District government without a break in service will be transferred to the credit of the employee under the District government leave system. The annual and sick leave to the credit of an employee who transfers from a position under a different leave system(s) without a break in service shall be transferred on an adjusted basis under rules and regulations prescribed by the Mayor.
(l) An employee is entitled to leave, without loss of pay, leave, or credit for time of service, during a period of absence in which he or she is summoned, in connection with a judicial proceeding, by a court or other authority responsible for the conduct of that proceeding to serve as a juror or as a witness on behalf of any party in connection with judicial proceeding to which the United States, the District of Columbia, or a state or local government is a party.
(m) An employee is entitled to leave without loss in pay, leave, service, or performance rating for active duty, inactive-duty training (as defined in 37 U.S.C. § 101), or to engage in field coast defense training under 32 U.S.C. §§ 502 through 505 as a reserve member of the armed forces or member of the National Guard. Leave under this subsection shall not exceed 15 calendar days per fiscal year and, to the extent that it is not used in a fiscal year, shall accumulate for use in the succeeding fiscal year until it totals 15 days at the beginning of a fiscal year. In the case of part-time employment, the rate at which leave accrues under this subsection shall be a percentage of the rate prescribed above which is determined by dividing 40 into the number of hours in the regularly scheduled workweek of that employee during that fiscal year. The minimum charge for leave under this subsection is one hour, and additional charges are in multiples thereof.
(m-1) An employee who is a member of a reserve component of the armed forces, as described in 10 U.S.C. § 10101, or the National Guard, as described in 32 U.S.C. § 101 and who performs, for the purpose of providing military aid to enforce the law or for the purpose of providing assistance to civil authorities in the protection or saving of life, property, or the prevention of injury, under the following:
(1) Federal service under 10 U.S.C. §§ 331, 332, 333, or 12406 or other provision of law, as applicable, or
(2) Full-time military service for his or her state, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States is entitled, during and because of such service, to leave without loss of, or reduction in, pay, leave to which he or her would be otherwise entitled, and credit for service or a performance rating. Leave granted by this paragraph shall not exceed 22 workdays in a calendar year.
(m-2) Upon the request of an employee, the period for which an employee is absent to perform service described by this subsection may be charged to the employee's accrued annual leave or to compensatory time available to the employee instead of being charged as leave to which the employee is entitled under this subsection. The period of absence may not be charged to sick leave. An employee who is a member of the National Guard of the District of Columbia is entitled to leave without limitation and without loss in pay or time for each day of a parade or encampment ordered or authorized under Title 49 of the District of Columbia Official Code. This provision covers each day of service in the National Guard, or a portion thereof, that an employee is ordered to perform by the Commanding General.
(m-3) An amount (other than travel, transportation, or per diem allowance) received by an employee for military service as a member of the reserve or National Guard for a period for which he or she is entitled to military leave shall be credited against the pay payable to the employee for the same period.
(n) An employee is entitled to not more than 3 days of leave without loss of or reduction in pay, leave or service to make arrangements for or attend the funeral or memorial service for an immediate relative who died as a result of wound, disease or injury incurred while serving as a member of the armed forces in a combat zone.
(o) The Mayor is authorized to issue necessary rules and regulations to implement the provisions of this section.
(p) In units where exclusive recognition has been granted, the Mayor or an appropriate personnel authority may enter into agreements with the exclusive bargaining agent to continue employee coverage under the provisions of this chapter while an employee(s) serves in a full-time or regular part-time capacity with a labor organization at no loss in benefits to the individual employee(s): Provided, however, that the cost to the District shall be paid by the labor organization while the employee(s) is so engaged, and: Provided, further, that this provision shall not limit the negotiability or use of official time by unit employees for the purposes of investigation, processing, and resolving grievances, complaints or any and all other similar disputes.
(q) After advising his or her supervisor, an employee is entitled to utilize up to 10 hours of administrative leave for the purpose of responding to adverse actions initiated under the provisions of subchapter XVI-A of this chapter.
(r) An employee who is a member of the District of Columbia Retirement Board shall be entitled to administrative leave, in accordance with § 1-711(c), while engaged in the actual performance of duties vested in the Board during the employee's regularly scheduled working hours.
(Mar. 3, 1979, D.C. Law 2-139, § 1203, 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(o), 27 DCR 2632; Feb. 24, 1987, D.C. Law 6-177, § 3(r), 33 DCR 7241; Mar. 24, 1990, D.C. Law 8-97, § 3(c), 37 DCR 1046; Aug. 1, 1996, D.C. Law 11-152, § 302(q), 43 DCR 2978; June 10, 1998, D.C. Law 12-124, § 101(o)(2), 45 DCR 2464; Apr. 12, 2000, D.C. Law 13-91, § 103(q), 47 DCR 520; Oct. 19, 2002, D.C. Law 14-213, § 3(k), 49 DCR 8140; Mar. 13, 2004, D.C. Law 15-105, § 2(b), 51 DCR 881; Mar. 14, 2012, D.C. Law 19-115, § 2(j), 59 DCR 461; Sept. 20, 2012, D.C. Law 19-168, § 1092(b), 59 DCR 8025.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-613.3.
1973 Ed., § 1-342.3.
Effect of Amendments
D.C. Law 13-91, in subsec. (q), substituted "subchapter XVII-A" for "subchapter XVII".
D.C. Law 14-213 rewrote subsec. (m); and added subsecs. (m-1), (m-2), and (m-3). Subsec. (m) had read as follows:
"(m) An employee is entitled to leave without loss in pay, leave, or service for each day, not in excess of 15 days in a calendar year, in which he or she is on active duty or is engaged in field or coast defense training under 502 through 505 of Title 32 of the United States Code as a reserve member of the armed forces or member of the National Guard. An employee who is a member of a reserve component of the armed forces, as described in 261 of Title 10 of the United States Code, or the National Guard, as described in 101 of Title 32 of the United States Code and performs, for the purpose of providing military aid to enforce the law, the following:
"(1) Federal service under 331, 332, 333, 3500, or 8500 of Title 10 of the United States Code or other provision of law, as applicable; or
"(2) Full-time military service for his or her state, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, or a territory of the United States is entitled during and because of such service to leave without loss of pay, leave, or credit for service. Leave granted by this paragraph shall not exceed 22 workdays in a calendar year. An employee who is a member of the National Guard of the District of Columbia is entitled to leave without limitation and without loss in pay or time for each day of a parade or encampment ordered or authorized under former § 39-608. This provision covers each day of service in the National Guard, or a portion thereof, an employee is ordered to perform by the Commanding General. An amount (other than travel, transportation, or per diem allowance) received by an employee for military service as a member of the reserve or National Guard for a period for which he or she is entitled to military leave shall be credited against the pay due the employee for the same period."
D.C. Law 15-105, in subsec. (m-2), validated a previously made technical correction.
D.C. Law 19-115, in subsec. (h), substituted "20 days" for "30 days".
D.C. Law 19-168, in subsec. (h), substituted "30 days" for "20 days".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 1092(b) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
For legislative history of D.C. Law 3-81, see Historical and Statutory Notes following § 1-602.02.
For legislative history of D.C. Law 6-177, see Historical and Statutory Notes following § 1-601.02.
Law 8-97 was introduced in Council and assigned Bill No. 8-267, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on December 19, 1989, and January 16, 1990, respectively. Signed by the Mayor on January 26, 1990, it was assigned Act No. 8-149 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 11-152, see Historical and Statutory Notes following § 1-602.02.
For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.
For Law 13-91, see notes following § 1-602.03.
For Law 14-213, see notes following § 1-603.01.
For Law 15-105, see notes following § 1-301.47.
For history of Law 19-115, see notes under § 1-608.01.
For history of Law 19-168, see notes under § 1-137.01.
Miscellaneous Notes
Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.
Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.
Applicability of § 101(o)(2) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.
(a) The Mayor shall develop a universal leave system for Career and Excepted Service employees who were first employed by the District of Columbia government on or after October 1, 1987, excluding police officers, firefighters, and employees excluded from earning leave pursuant to § 1- 612.03(a)(1) through (a)(5). The universal leave system shall include disability income protection for non work-related illness and injury.
(b) Within 90 days of the effective date of this section, the Mayor shall submit the universal leave system to the Council for a 60-day period of review, excluding Saturdays, Sundays, legal holidays and days of Council recess. If the Council does not approve or disapprove the proposed universal leave system by resolution within the 60-day review period, the proposed universal leave system shall be deemed approved.
(c) The submission to the Council shall at a minimum include the following:
(1) The rate at which universal leave shall be accrued;
(2) The number of universal leave days that may be carried forward from one leave year to the next;
(3) A provision for employees who are denied the opportunity to use their universal leave;
(4) The percentage of income to be received under any disability insurance program and its tax status;
(5) The definition of "disability" and a method for dispute resolution;
(6) The stipulated waiting period before disability insurance income would commence;
(7) The period of disability income protection;
(8) Transition provisions;
(9) The effective date of the universal leave system; and
(10) Fiscal impact.
(Mar. 3, 1979, D.C. Law 2-139, § 1203a, as added June 10, 1998, D.C. Law 12-124, § 101(o)(3), 45 DCR 2464.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-613.3a.
Legislative History of Laws
For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.
Miscellaneous Notes
Applicability of § 101(o)(3) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.
Construction of Law 12-124: Section 301 of D.C. Law 12-124 provided that nothing in the act shall be construed as superseding the provisions of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (Public Law 105-33; 111 Stat. 712), except that § 47- 395.04(b)(3) is expressly superseded. Further, nothing in the act shall be construed as superseding the provisions of § 47-391.01 et seq. or of § 164 of the District of Columbia Appropriations Act, 1998, approved November 19, 1997 (Public Law 105-100; 111 Stat. 2160).
(a) An employee shall be entitled to up to 30 days of leave to serve as an organ donor, and up to 7 days of leave to serve as a bone marrow donor, without loss or reduction in pay, leave, or credit for time of service, in a calendar year.
(b) The provisions of subsection (a) of this section shall only apply if the employee is a volunteer donor, and any compensation received by the employee is limited to costs and expenses associated with organ or bone marrow donations.
(c) The Mayor shall prescribe rules and regulations to implement the provisions of this section.
(Mar. 3, 1979, D.C. Law 2-139, § 1203b, as added June 25, 2002, D.C. Law 14-148, § 2, 49 DCR 4231.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 14-148, the "Organ and Bone Marrow Donor Leave Amendment Act of 2002", was introduced in Council and assigned Bill No. 14-135, which was referred to the Committee on Government Operations The Bill was adopted on first and second readings on March 5, 2002, and April 9, 2002, respectively. Signed by the Mayor on April 26, 2002, it was assigned Act No. 14-326 and transmitted to both Houses of Congress for its review. D.C. Law 14-148 became effective on June 25, 2002.
For purposes of §§ 1-612.04 through 1-612.10, the term:
(1) "Agency" shall have the meaning provided in § 1-603.01(1).
(2) "Employee" shall have the meaning provided in § 1-603.01(7), except that it shall mean only an employee who is eligible to accrue annual leave.
(3) "Leave donor" means an employee who donates annual leave to the annual leave bank created in accordance with § 1-612.05.
(4) "Leave recipient" means an employee whose personnel authority has approved the employee's application to receive annual leave from the annual leave bank.
(5) "Medical emergency" means a medical condition of an employee or a member of an employee's family that is likely to require the employee's absence from duty for a prolonged period of time and to result in a substantial loss of income to the employee because of the unavailability of paid leave.
(6) "Personnel authority" shall have the meaning provided in § 1-603.01(14).
(Mar. 3, 1979, D.C. Law 2-139, § 1204, as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-613.4.
Legislative History of Laws
Law 8-155 was introduced in Council and assigned Bill No. 8-109, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on May 15, 1990, and May 29, 1990, respectively. Signed by the Mayor on June 18, 1990, it was assigned Act No. 8-217 and transmitted to both Houses of Congress for its review.
(a) There is established within the District of Columbia ("District") government an annual leave bank. An employee may donate annual leave to the bank and withdraw annual leave from the bank in accordance with §§ 1- 612.06, 1-612.07, and 1-612.08 and under guidelines promulgated by the Mayor pursuant to § 1-612.11.
(b) The Mayor shall maintain an overall accounting of deposits and withdrawals to and from the annual leave bank.
(c) Each personnel authority shall keep an accounting of the amount and value of employee donations to and withdrawals from the bank. The accounting shall be provided to the Mayor on a quarterly basis.
(d) A personnel authority may enter into an agreement with another personnel authority to establish an annual leave bank program or to join an already existing annual leave bank program. The personnel authorities shall provide a copy of the written agreement to the Mayor and the Director of Personnel within 10 days of the agreement.
(Mar. 3, 1979, D.C. Law 2-139, § 1205, as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159; June 10, 1998, D.C. Law 12-124, § 101(o)(4), 45 DCR 2464.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-613.5.
Legislative History of Laws
For legislative history of D.C. Law 8-155, see Historical and Statutory Notes following § 1-613.04.
For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.
Miscellaneous Notes
Applicability of § 101(o)(4) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.
(a) A potential leave donor may submit a voluntary written request to the potential leave donor's personnel authority that a specified number of hours of the employee's accrued annual leave be donated to the annual leave bank. The donation shall be made to the annual leave bank in accordance with procedures established pursuant to § 1-612.11.
(b) A leave donor may not donate more than a total of one-half of the amount of annual leave that the leave donor would be entitled to accrue during the leave year in which the donation is made, except that a leave donor may donate restored leave without limitation; however, the personnel authority or his or her designee may, in special circumstances, waive the limitation of the amount of annual leave that can be donated by an employee once the employee has donated the minimum of 4 hours of leave.
(b-1) A leave donor may designate the employee who is to receive the donated leave if the employee has applied for and been approved as a leave recipient. Any remaining donated annual leave, if not used by the designated leave recipient, becomes the property of the annual leave bank program for use by other leave recipients.
(c) The value of the leave donated by the leave donor shall be in an amount equal to the hourly rate of pay of the leave donor multiplied by the number of hours of annual leave donated.
(Mar. 3, 1979, D.C. Law 2-139, § 1206, as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159; June 10, 1998, D.C. Law 12-124, § 101(o)(5), 45 DCR 2464.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-613.6.
Legislative History of Laws
For legislative history of D.C. Law 8-155, see Historical and Statutory Notes following § 1-613.04.
For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.
Miscellaneous Notes
Applicability of § 101(o)(5) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.
An application for withdrawal shall proceed as follows:
(1) An employee who has been affected by a medical emergency may make written application to the employee's personnel authority to become a leave recipient;
(2) If the employee is not capable of making application on the employee's own behalf, another employee of the personnel authority may make written application on the employee's behalf; and
(3) The application shall be notarized by the affected employee or the employee acting on the affected employee's behalf.
(Mar. 3, 1979, D.C. Law 2-139, § 1207, as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-613.7.
Legislative History of Laws
For legislative history of D.C. Law 8-155, see Historical and Statutory Notes following § 1-613.04.
(a) The potential leave recipient's personnel authority shall review an application to become a leave recipient under procedures established by the Mayor pursuant to § 1-612.11.
(b) Before approving an application to become a leave recipient, the personnel authority shall determine that:
(1) The request to become a leave recipient has been necessitated by a medical emergency;
(2) The absence from duty because of the medical emergency is, or is expected to be, at least 10 workdays;
(3) The potential leave recipient has previously donated a minimum of 4 hours of annual leave to the annual leave bank in the leave year in which the employee submits the application to become a leave recipient; and
(4) The potential leave recipient does not possess accrued paid leave sufficient to cover the expected period of absence from work.
(c) The value of the annual leave received by the leave recipient shall be in an amount equal to the hourly rate of pay of the leave recipient multiplied by the number of hours of annual leave received.
(Mar. 3, 1979, D.C. Law 2-139, § 1208, as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-613.8.
Legislative History of Laws
For legislative history of D.C. Law 8-155, see Historical and Statutory Notes following § 1-613.04.
A leave recipient may use annual leave received from the leave bank in the same manner and for the same purposes as if the leave recipient had accrued the leave, except that any annual leave and, if applicable, any sick leave accrued or accumulated to the leave recipient, or any advanced sick leave or compensatory time shall be used before any leave from the leave bank shall be used.
(Mar. 3, 1979, D.C. Law 2-139, § 1209, as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-613.9.
Legislative History of Laws
For legislative history of D.C. Law 8-155, see Historical and Statutory Notes following § 1-613.04.
The medical emergency affecting a leave recipient shall terminate when:
(1) The leave recipient's employment terminates; or
(2) The leave recipient is no longer affected by the medical emergency.
(Mar. 3, 1979, D.C. Law 2-139, § 1210, as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-613.10.
Legislative History of Laws
For legislative history of D.C. Law 8-155, see Historical and Statutory Notes following § 1-613.04.
The Mayor shall issue proposed rules to implement the provisions of §§ 1- 612.04 through 1-612.10. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.
(Mar. 3, 1979, D.C. Law 2-139, § 1211, as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-613.11.
Legislative History of Laws
For legislative history of D.C. Law 8-155, see Historical and Statutory Notes following § 1-613.04.
