DC Code § 32-541.04 (2021)
2021 District of Columbia Code|Title 32 - Labor|Chapter 5 - Leave from Work|Subchapter IV - Universal Paid Leave|§ 32-541.04. Duration and amount of benefits

 *NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*  (a) Upon the occurrence of a qualifying leave event, an eligible individual may file a claim for benefits to be paid pursuant to this subchapter. (b)(1) Except as provided in paragraph (2) of this subsection, after the occurrence of a qualifying leave event, an eligible individual shall wait one week during which no benefits are payable before being entitled to receive payment of his or her paid-leave benefits; provided, that regardless of the number of qualifying events for which an eligible individual files a claim for paid-leave benefits, he or she shall have only such one waiting period within a 52-week period. (2) For claims filed after October 1, 2021, and before the 365th day after the end of the public health emergency, paragraph (1) of this subsection shall not apply. (c) Following the filing of a claim and the one-week waiting period, if applicable, an eligible individual shall be entitled to receive payment of his or her paid-leave benefits; provided, that the payment of such benefits shall be made in the amount and manner set forth in the Mayor's initial determination made pursuant to § 32-541.06, as modified by the result of any appeal brought pursuant to § 32-541.08, and otherwise shall be subject to the provisions of this subchapter. (d)(1)(A) An eligible individual may submit a claim for payment of his or her paid-leave benefits for a period during which he or she does not or did not perform his or her regular and customary work because of the occurrence of a qualifying leave event. (B) An eligible individual may receive retroactive paid-leave benefits pursuant to subparagraph (A) of this paragraph only if he or she submits a claim within 30 calendar days after the qualifying leave event; provided, that the 30-calendar day limitation may be waived if an individual is unable to apply for his or paid-leave benefits within 30 calendar days after the qualifying leave event due to exigent circumstances. (2) Except as provided in paragraph (3) [of this subsection], within a 52-workweek period, an eligible individual shall not receive paid-leave benefits, for any number or combination of qualifying leave events, for a duration that exceeds the maximum duration of qualifying parental leave available in the fiscal year during which the individual files a claim for paid-leave benefits, as provided in subsection (e-1) of this section. (3) Within a 52-workweek period, an eligible individual may receive the maximum duration of qualifying pre-natal leave available in the fiscal year during which the individual files a claim for paid-leave benefits in addition to the maximum duration of parental leave available during such fiscal year, as provided in subsection (e-1) of this section; provided, that an eligible individual shall not receive any combination of qualifying pre-natal leave and qualifying medical leave for a duration that exceeds the maximum duration of qualifying medical leave available for the fiscal year during which the individual files a claim for paid-leave benefits. (e) The International Classification of Diseases, Tenth Revision (ICD-10), or subsequent revisions by the World Health Organization to the International Classification of Diseases, along with the health care provider or caretaker assessments, shall be used to determine the appropriate length of qualifying family leave an eligible individual is entitled to, based on the serious health condition of the eligible individual's family member, or the appropriate length of qualifying medical leave an eligible individual is entitled to, based on the serious health condition of the eligible individual, subject to the limits set forth in subsection (e-1) of this section. (e-1)(1) For claims filed before October 1, 2021, the maximum duration of each type of paid-leave benefits within a 52-workweek period shall be: (A) 8 workweeks of qualifying parental leave; (B) 6 workweeks of qualifying family leave; (C) 2 workweeks of qualifying medical leave; and (D) Zero workweeks of qualifying pre-natal leave. (2) For claims filed on or after October 1, 2021, and before October 1, 2022, the maximum duration of each type of paid-leave benefits within a 52-workweek period shall be: (A) 8 workweeks of qualifying parental leave; (B) 6 workweeks of qualifying family leave; (C) 6 workweeks of qualifying medical leave; and (D) 2 workweeks of qualifying pre-natal leave. (3) For claims filed on or after October 1, 2022, and thereafter, the maximum duration of each type of paid-leave benefits within a 52-workweek period shall be determined pursuant to § 32-541.04a, but shall be no less than the maximum duration for each type of paid-leave benefits set forth in paragraph (1) of this subsection. (f) An eligible individual may receive payment for intermittent leave; provided, that the duration of paid-leave benefits an individual receives in a 52-week period shall not exceed the total maximum duration of paid-leave benefits or the maximum duration of any type of paid-leave benefits available in the fiscal year during which the individual files a claim to receive paid-leave benefits, as provided in subsections (d)(2) and (3) and (e-1) of this section. (g)(1) An eligible individual who earns an average weekly wage that is equal to or less than 150% of the District's minimum wage multiplied by 40 shall be entitled to weekly paid-leave benefits that shall equal 90% of that eligible individual's average weekly wage. (2) An eligible individual who earns an average weekly wage that is greater than 150% of the District's minimum wage multiplied by 40 shall be entitled to payment of weekly paid-leave benefits that shall equal: (A) 90% of 150% of the District's minimum wage multiplied by 40; plus (B) 50% of the amount by which the eligible individual's average weekly wage exceeds 150% of the District's minimum wage multiplied by 40; provided, that no eligible individual shall be entitled to payment of paid-leave benefits at a rate in excess of the maximum weekly benefit amount. (3) If an eligible individual has multiple sources of income, his or her wages may be combined to determine his or her average weekly wage; provided, that if an individual's combined wages result in an average weekly wage more than the maximum weekly benefit amount, the individual shall be entitled to no more than the maximum weekly benefit amount. (4) Medical, family, parental, and pre-natal leave benefits for partial weeks of leave shall be prorated. (5) Before October 1, 2021, the maximum weekly benefit amount shall be $1,000. (6)(A) On October 1, 2021, and on October 1 of each successive year, the maximum weekly benefit amount provided in this subsection shall increase in proportion to the annual average increase, if any, in the Consumer Price Index for All Urban Consumers, Washington-Baltimore Metropolitan area published by the Bureau of Labor Statistics of the United States Department of Labor for the previous calendar year; provided, that the Chief Financial Officer of the District of Columbia shall certify that funds are sufficient in the Universal Paid Leave Fund each year before the maximum weekly benefit amount increases pursuant to this paragraph. (B) Any increase under this paragraph shall be adjusted to the nearest multiple of $1. (h) By September 30, 2017, and quarterly thereafter, the Mayor shall submit to the Council a project plan that explains in detail the timeline, including specific dates by which milestones of the project will be accomplished, for the development of all software necessary to administer the paid-leave system established pursuant to this subchapter. (i) By December 30, 2017, and quarterly thereafter, the Mayor shall submit to the Council a requirements document that explains in detail the requirements needed in order to develop all software necessary to administer the paid-leave system established pursuant to this subchapter. (j) By July 1, 2020, the Mayor shall commence the payment of paid-leave benefits provided for in this subchapter. (k) Covered employers are not responsible for collecting or tracking any taxes from individuals related to paid-leave payments received pursuant to this subchapter from the District of Columbia government.  (Apr. 7, 2017, D.C. Law 21-264, § 104, 64 DCR 2121; Dec. 3, 2020, D.C. Law 23-149, § 2143(c), 67 DCR 10493; Aug. 23, 2021, D.C. Act 24-159, § 4062(d), 68 DCR 008602.)  Applicability Section 7034 of D.C. Law 22-33 repealed § 301 of D.C. Law 21-264. Therefore the changes made to this section by D.C. Law 21-264 have been given effect.  Applicability of D.C. Law 21-264: § 301 of D.C. Law 21-264 provided that the creation of this section by § 104 of D.C. Law 21-264 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation  For temporary (90 days) amendment of this section, see § 4062(d) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).   For temporary (90 days) repeal of § 301 of D.C. Law 21-264, see § 7034 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).   For temporary (90 days) repeal of § 301 of D.C. Law 21-264, see § 7034 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).