2023 District of Columbia Code › Title 32 - Labor › Chapter 5 - Leave from Work › Subchapter IV - Universal Paid Leave › § 32–541.07. Coordination of benefits

§ 32–541.07. Coordination of benefits.
*NOTE: This section includes amendments by temporary legislation that will expire on July 10, 2024. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*
(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 this subchapter 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 this subchapter.
(b) If paid leave taken pursuant to this subchapter 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 this subchapter shall run concurrently with, and not in addition to, leave taken under those other acts.
(c) Nothing in this subchapter 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 this subchapter; 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 this subchapter.
(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 this subchapter.
(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 this subchapter.
(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 this subchapter, his or her benefit payment amount shall be based on the combined wages from covered employment and self-employment.
(h) This subchapter 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 this subchapter; 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 this subchapter.
(i)(1) An individual's right to benefits provided for in this subchapter 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 this subchapter shall not be diminished by an employer policy.
(3) Any agreement by an individual to waive his or her rights under this subchapter is void as against public policy.
(j)(1) No insurer may offset or reduce benefits or income available to an eligible individual under an individual or group policy for temporary or short-term disability insurance based on estimated or actual benefits the eligible individual may or does receive under this subchapter, regardless of the jurisdiction in which such policy was issued, executed, written, or delivered.
(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; Nov. 28, 2023, D.C. Law 25-83, § 2, 70 DCR 13760.)
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 § 107 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 § 2 of Short-Term Disability Insurance Benefit Protection Clarification Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-269, Oct. 26, 2023, 70 DCR 14462).
For temporary (90 days) amendment of this section, see § 2 of Short-Term Disability Insurance Benefit Protection Clarification Emergency Amendment Act of 2023 (D.C. Act 25-204, July 26, 2023, 70 DCR 10763).
For temporary (90 days) amendment of this section, see § 2 of Short-Term Disability Insurance Benefit Protection Clarification Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-594, Oct. 25, 2022, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 2 of Short-term Disability Insurance Benefit Protection Clarification Emergency Amendment Act of 2022 (D.C. Act 24-542, July 27, 2022, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 4062(g) 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) amendment of this section, see § 2(b) of Short-term Disability Insurance Benefit Protection Emergency Amendment Act of 2021 (D.C. Act 24-90, May 26, 2021, 68 DCR 005853).
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).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2 of Short-Term Disability Insurance Benefit Protection Clarification Temporary Amendment Act of 2023 (D.C. Law 25-83, Nov. 28, 2023, 70 DCR 13760).
For temporary (225 days) amendment of this section, see § 2 of Short-Term Disability Insurance Benefit Protection Temporary Clarification Amendment Act of 2022 (D.C. Law 24-202, Dec. 13, 2022, 69 DCR 12723).
For temporary (225 days) amendment of this section, see § 2(b) of Short-term Disability Insurance Benefit Protection Temporary Amendment Act of 2021 (D.C. Law 24-18, July 29, 2021, 68 DCR 006100).