• Current through October 23, 2012

For the purposes of this chapter, the term:

(1) "Domestic violence" means an intrafamily offense as defined in § 16- 1001(5).

(2)(A) "Employee" shall have the same meaning as provided in § 32-501(1).

(B) The term "employee" shall not include:

(i) An independent contractor;

(ii) A student;

(iii) Health care workers who choose to participate in a premium pay program; or

(iv) Restaurant wait staff and bartenders who work for a combination of wages and tips.

(3)(A) "Employer" means a legal entity (including a for-profit or nonprofit firm, partnership, proprietorship, sole proprietorship, limited liability company, association, or corporation), or any receiver or trustee of an entity (including the legal representative of a deceased individual or receiver or trustee of an individual), who employs an employee.

(B) The term "employer" shall include the District government.

(4) "Family member" means:

(A)(i) A spouse, including the person identified by an employee as his or her domestic partner, as defined in § 32-701(3);

(ii) The parents of a spouse;

(iii) Children (including foster children and grandchildren);

(iv) The spouses of children;

(v) Parents;

(vi) Brothers and sisters; and

(vii) The spouses of brothers and sisters.

(B) A child who lives with an employee and for whom the employee permanently assumes and discharges parental responsibility; or

(C) A person with whom the employee shares or has shared, for not less than the preceding 12 months, a mutual residence and with whom the employee maintains a committed relationship, as defined in § 32-701(1).

(5) "Paid leave" means accrued increments of compensated leave provided by an employer for use by an employee during an absence from employment for any of the reasons specified in § 32-131.02(b).

(6) "Premium pay program" means a plan offered by an employer pursuant to which an employee may elect to receive extra pay in lieu of benefits.

(7) "Sexual abuse" means any offense described in Chapter 30 of Title 22.

(8) "Student" means an employee who:

(A)(i) Is a full-time student, as defined by an accredited institution of higher education;

(ii) Is employed by the institution at which the student is enrolled;

(iii) Is employed for less than 25 hours per week; and

(iv) Does not replace an employee subject to this chapter; or

(B) Is employed as part of the Year Round Program for Youth, as established by the Department of Employment Services.

(May 13, 2008, D.C. Law 17-152, § 2, 55 DCR 3452.)

HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

Law 17-152, the "Accrued Sick and Safe Leave Act of 2008", was introduced in Council and assigned Bill No. 17-197, which was referred to the Committee on Workforce Development and Government Operations.  The Bill was adopted on first and second readings on February 5, 2008, and March 4, 2008, respectively. Signed by the Mayor on March 19, 2008, it was assigned Act No. 17-324 and transmitted to both Houses of Congress for its review.   D.C. Law 17-152 became effective on May 13, 2008.

Miscellaneous Notes

Section 7095 of D.C. Law 17-219 repealed section 18 of D.C. Law 17-152.