DC Code § 32-531.04 (2021)
2021 District of Columbia Code|Title 32 - Labor|Chapter 5 - Leave from Work|Subchapter III - Employee Sick Leave|§ 32-531.04. Certification

 *NOTE: This section includes amendments by temporary legislation that will expire on February 4, 2022. To view the text of this section after the expiration of all emergency and/or temporary legislation, click this link: Permanent Version.*  (a)(1) An employer may require that paid leave under § 32-131.02(b) for 3 or more consecutive days be supported by reasonable certification. (2) Reasonable certification may include: (A) A signed document from a health care provider, as defined in § 32-501(5), affirming the illness of the employee; (B) A police report indicating that the employee was a victim of stalking, domestic violence, or sexual abuse; (C) A court order; or (D) A signed statement from a victim and witness advocate, or domestic violence counselor, as defined in § 14-310(a)(2), affirming that the employee is involved in legal action related to stalking, domestic violence, or sexual abuse. (3) If certification is required by an employer, the employee shall provide a copy of the certification to the employer upon the employee’s return to work. (a-1)(1) An employer may not require an employee who uses paid leave pursuant to § 32-502.01 to provide certification of the need to use such paid leave unless the employee uses 3 or more consecutive working days of paid leave. (2) When certification is required by an employer for the use of paid leave pursuant to § 32-502.01, the employer may not require the employee to provide it until one week after the employee's return to work. (3) An employer that does not contribute payments toward a health insurance plan on behalf of the employee shall not require certification from the employee who uses paid leave pursuant to § 32-502.01. (b)(1) This subchapter shall not require a health care professional to disclose information in violation of section 1177 of the Social Security Act, approved August 21, 1996 (110 Stat. 2029; 42 U.S.C. § 1320d-6), or the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (110 Stat. 2033; 42 U.S.C. § 1320d-2, note). (2) All information provided to the employer under § 32-131.02 shall not be disclosed by the employer, except to the extent that the disclosure is: (A) Requested or consented to by the employee; (B) Ordered by a court or administrative agency; or (C) Otherwise required by applicable federal or local law.  (May 13, 2008, D.C. Law 17-152, § 5, 55 DCR 3452; June 24, 2021, D.C. Law 24-9, § 105(a)(4), 68 DCR 004824.)  Prior Codifications 2001 Ed., § 32-131.04. Emergency Legislation  For temporary (90 days) amendment of this section, see § 105(a)(4) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).   For temporary (90 days) amendment of this section, see § 105(a)(4) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).   For temporary (90 days) amendment of this section, see § 104(a)(4) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).   For temporary (90 days) amendment of this section, see § 105(a)(4) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).   For temporary (90 days) amendment of this section, see § 105(a)(4) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).  Temporary Legislation  For temporary (225 days) amendment of this section, see § 105(a)(4) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).   For temporary (225 days) amendment of this section, see § 105(a)(4) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).