2023 District of Columbia Code › Title 99 - Reserved sections › § 32–541.07. (Perm). Coordination of benefits

§ 32–541.07(Perm). Coordination of benefits.
(a)(1) To the extent practicable, an eligible individual shall provide written notice to his or her employer of the need for the use of paid-leave benefits provided in subchapter IV of Chapter 5 of Title 32 before taking leave.
(2) The written notice shall include a reason for the absence involved, within the parameters of the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (Pub. L. No. 104-191; 110 Stat. 1936), and the expected duration of the paid leave.
(3) If the paid leave is foreseeable, the written notice shall be provided at least 10 days, or as early as possible, in advance of the paid leave.
(4) If the paid leave is unforeseeable, a notification, either oral or written, shall be provided before the start of the work shift for which the paid leave is being used.
(5) In the case of an emergency, the eligible individual, or another individual on behalf of the eligible individual, shall notify the eligible individual's employer, either orally or in writing, within 48 hours of the emergency occurring.
(6) Nothing in this subsection shall be construed to deny an eligible individual paid-leave benefits to which he or she is otherwise entitled pursuant to subchapter IV of Chapter 5 of Title 32.
(b) If paid leave taken pursuant to subchapter IV of Chapter 5 of Title 32 also qualifies as protected leave pursuant to the Family and Medical Leave Act of 1993, approved February 5, 1993 (107 Stat. 6; 29 U.S.C. § 2601
et seq.
), or D.C. FMLA, the paid leave taken pursuant to subchapter IV of Chapter 5 of Title 32 shall run concurrently with, and not in addition to, leave taken under those other acts.
(c) Nothing in subchapter IV of Chapter 5 of Title 32 shall be construed to provide job protection to any eligible individual beyond that to which an individual is entitled under D.C. FMLA.
(d) A covered employer may provide an eligible individual with leave benefits in addition to those provided by subchapter IV of Chapter 5 of Title 32; provided, that the provision of such benefits, including a paid-leave program, shall not exempt the covered employer from making contributions under § 32-541.03 or an eligible individual from receiving benefits pursuant to subchapter IV of Chapter 5 of Title 32.
(e) An eligible individual receiving benefits pursuant to part A of subchapter I of Chapter 1 of Title 51, shall not be eligible to receive the benefits provided for in subchapter IV of Chapter 5 of Title 32.
(f) If an eligible individual is receiving long-term disability payments, he or she shall not be eligible to receive the benefits provided for in subchapter IV of Chapter 5 of Title 32.
(g)(1) If an individual concurrently earns self-employment income and is a covered employee employed by a covered employer, the individual shall not be entitled to receive double payments.
(2) If the self-employed individual has opted into the paid-leave program established pursuant to subchapter IV of Chapter 5 of Title 32, his or her benefit payment amount shall be based on the combined wages from covered employment and self-employment.
(h) Subchapter IV of Chapter 5 of Title 32 shall not:
(1) Supersede any provision of law, collective-bargaining agreement, or other contract that provides paid-leave rights in addition to the rights established pursuant to subchapter IV of Chapter 5 of Title 32; or
(2) Prevent a covered employer from adopting or retaining a paid-leave policy that supplements or otherwise provides greater benefits than are required by subchapter IV of Chapter 5 of Title 32.
(i)(1) An individual's right to benefits provided for in subchapter IV of Chapter 5 of Title 32 shall not be diminished by a collective-bargaining agreement or other contract entered into or renewed after December 31, 2017.
(2) An individual's right to benefits provided for in subchapter IV of Chapter 5 of Title 32 shall not be diminished by an employer policy.
(3) Any agreement by an individual to waive his or her rights under subchapter IV of Chapter 5 of Title 32 is void as against public policy.
(j)(1) An insurer shall not offset or reduce benefits or income available to an eligible individual under a temporary or short-term disability insurance policy or contract provided by an insurer based on estimated or actual payment of benefits under subchapter IV of Chapter 5 of Title 32.
(2) Paragraph (1) of this subsection shall not apply to the actions of a self-insured employer or to the actions of an insurer to the extent the insurer is acting on behalf of a self-insured employer as a third-party administrator for the self-insured employer.
(Apr. 7, 2017, D.C. Law 21-264, § 107, 64 DCR 2121; Nov. 13, 2021, D.C. Law 24-45, § 4062(g), 68 DCR 010163.)