reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XII - Hours of Work; Legal Holidays; Leave › § 1–612.03c. Family leave. [Repealed]

§ 1–612.03c. Family leave. [Repealed]
Repealed.
(March 3, 1979, D.C. Law 2-139, § 1203c; as added Feb. 26, 2015, D.C. Law 20-155, § 1052(b), 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 7026, 62 DCR 10905; Dec. 21, 2022, D.C. Law 24-212, § 2(b), 69 DCR 13950.)
Effect of Amendments
The 2015 amendment by D.C. Law 21-36 rewrote (g)(2).
Applicability
Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.
Emergency Legislation
For temporary (90 days) addition of D.C. Law 2-139, § 1203c, concerning family leave, see §§ 1052(b) and 1053 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598).
For temporary (90 days) addition of D.C. Law 2-139, § 1203c, concerning family leave, see §§ 1052(b) and 1053 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) amendment of this section, as enacted by D.C. Law 20-155, § 1052(b), see § 2(b) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).
For temporary (90 days) repeal of D.C. Law 20-155, § 1053, see § 2(c) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).
For temporary (90 days) addition of D.C. Law 2-139, § 1203c, concerning family leave, see §§ 1052(b) and 1053 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
For temporary (90 days) amendment of this section, see § 2(b) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).
For temporary (90 days) repeal of D.C. Law 20-155, § 1053, see § 2(c) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).
For temporary (90 days) amendment of this section, see § 7016(b) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
For temporary (90 days) repeal of D.C. Law 20-155, § 1053, see § 7016(3) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2(b) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).
For temporary (225 days) repeal of D.C. Law 20-155, § 1053, see § 2(f)( 1) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XII - Hours of Work; Legal Holidays; Leave › § 1–612.06. Contributions

§ 1–612.06. Contributions.
(a) A leave contributor may submit a voluntary written request to the PFML Bank Administrator that a specified number of hours of the leave contributor's accrued annual, restored, or universal leave be contributed to the PFML Bank. The contribution shall be made to the PFML Bank in accordance with procedures established pursuant to § 1-612.11.
(b) A leave contributor may not contribute more than a total of 1/2 of the amount of annual or universal leave that the leave contributor would be entitled to accrue or receive during the leave year in which the contribution is made. A leave contributor may contribute restored leave without limitation. The personnel authority or his or her designee may, in special circumstances, as determined by the personnel authority or their designee, waive the limitation of the amount of annual or universal leave that may be contributed by an employee.
(c) A leave contributor may designate a specific leave recipient to whom the leave contributor wishes to contribute leave. Contributed leave not used by the designated leave recipient within 12 months shall remain in the PFML Bank for use by other leave recipients.
(Mar. 3, 1979, D.C. Law 2-139, § 1206; as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159; June 10, 1998, D.C. Law 12-124, § 101(o)(5), 45 DCR 2464; Dec. 21, 2022, D.C. Law 24-212, § 2(f), 69 DCR 13950.)
Prior Codifications
1981 Ed., § 1-613.6.
Section References
This section is referenced in § 1-612.05.
Applicability
Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.
Editor's Notes
Applicability of § 101(o)(5) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XII - Hours of Work; Legal Holidays; Leave › § 1–612.07. Application for withdrawal

§ 1–612.07. Application for withdrawal.
(a) An application for withdrawal of leave from the PFML Bank shall proceed as follows:
(1) An eligible employee who expects to experience an absence of 10 or more workdays due to a qualifying medical leave event or qualifying family leave event may make a written application to the PFML Bank Administrator to become a leave recipient.
(2) If the employee is not capable of making an application on the employee's own behalf, the employee may designate a representative to make a written application on the employee's behalf.
(b) The application shall include at least the following:
(1) The anticipated duration of the prolonged absence;
(2) The name, position title, and grade of the proposed leave recipient;
(3) The amount of leave requested;
(4) A declaration, signed under penalty of perjury, by the proposed leave recipient or the proposed leave recipient's designated representative attesting to the fact that the employee is experiencing a qualifying medical leave event or qualifying family leave event; and
(5)(A) Certification from a physician or other licensed healthcare professional that the proposed leave recipient, in the case of qualifying medical leave, or the proposed leave recipient's immediate family member, in the case of qualifying family leave, has experienced a serious health condition and the anticipated duration of the condition.
(B) 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 any health care provider or caretaker assessments, shall be used to determine the appropriate length of qualifying family leave to which an eligible employee is entitled, based on the serious health condition of the eligible employee's family member, or the appropriate length of qualifying medical leave to which an eligible employee is entitled, based on the serious health condition of the eligible employee.
(Mar. 3, 1979, D.C. Law 2-139, § 1207; as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159; Dec. 21, 2022, D.C. Law 24-212, § 2(g), 69 DCR 13950.)
Prior Codifications
1981 Ed., § 1-613.7.
Section References
This section is referenced in § 1-612.05.
Applicability
Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XII - Hours of Work; Legal Holidays; Leave › § 1–612.08. Approval of application

§ 1–612.08. Approval of application.
(a) The PFML Administrator shall refer the proposed leave recipient's application to the employee's personnel authority for review.
(b) The proposed leave recipient's personnel authority shall review an application to become a leave recipient under procedures established by the Mayor pursuant to § 1-612.11.
(c) Before approving an application to become a leave recipient, the personnel authority shall determine that:
(1) The request to become a leave recipient has been necessitated by a qualifying medical leave event or qualifying family leave event;
(2) The absence from duty because of the qualifying medical leave event or qualifying family leave event is, or is expected to be, at least 10 workdays;
(3) The proposed leave recipient does not possess annual leave, restored leave, universal leave, sick leave, or compensatory time sufficient to cover the expected period of absence from work; and
(4) The proposed leave recipient is not eligible for paid medical leave or paid family leave sufficient to cover the expected period of absence from work.
(d) The PFML Administrator shall have final authority to approve or deny an application, or to approve an amount of leave less than requested; except, that the PFML Administrator may not deny applications from employees of the Council or independent agencies that were approved by the appropriate personnel authority unless so permitted by an agreement entered into pursuant to § 1-612.05(e) or the reason for denial is that the request for leave exceeds the amount of leave in the PFML Bank.
(e) In approving or disapproving the application, the employee's personnel authority and PFML Administrator may consider the leave record of the proposed leave recipient, the probability that the employee will separate from service, and any exigency or disruption in service that the agency, independent agency, or, in the case of the Council, the relevant Council office, may experience.
(f) To the extent practicable, the proposed leave recipient or the employee acting on behalf of the proposed leave recipient shall be notified of the decision to approve or disapprove the application for leave within 15 calendar days after receipt of the application and, in all cases, within 30 calendar days after receipt of the application. If the leave recipient is entitled to leave under the D.C. FMLA, the leave transfer shall be granted.
(Mar. 3, 1979, D.C. Law 2-139, § 1208; as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159; Dec. 21, 2022, D.C. Law 24-212, § 2(h), 69 DCR 13950.)
Prior Codifications
1981 Ed., § 1-613.8.
Section References
This section is referenced in § 1-612.05.
Applicability
Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XII - Hours of Work; Legal Holidays; Leave › § 1–612.09. Use of donated annual leave. [Repealed]

§ 1–612.09. Use of donated annual leave. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1209; as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159; Dec. 21, 2022, D.C. Law 24-212, § 2(i), 69 DCR 13950.)
Prior Codifications
1981 Ed., § 1-613.9.
Applicability
Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XII - Hours of Work; Legal Holidays; Leave › § 1–612.10. Termination of PFML Bank use

§ 1–612.10. Termination of PFML Bank use.
(a) The use of the PFML Bank transferred hours shall terminate on the date that the:
(1) Leave recipient's employment terminates;
(2) Leave recipient is no longer experiencing a qualifying medical leave event or qualifying family leave event; or
(3) The 12-month period specified in § 1-612.05(f) expires.
(b) Unused transferred leave shall not be subject to any form of lump-sum leave payment upon the leave recipient's separation from employment.
(Mar. 3, 1979, D.C. Law 2-139, § 1210; as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159; Dec. 21, 2022, D.C. Law 24-212, § 2(j), 69 DCR 13950.)
Prior Codifications
1981 Ed., § 1-613.10.
Applicability
Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XII - Hours of Work; Legal Holidays; Leave › § 1–612.10a. Interference prohibited

§ 1–612.10a. Interference prohibited.
An employee shall not directly or indirectly promise to confer on another employee a benefit, such as an appointment, compensation, or promotion, or effect, or suggest to effect on another employee, a reprisal, such as withholding an appointment, reducing compensation, or demoting, for the purpose of interfering with any right that the employee may exercise to contribute, receive, or use leave available under this subchapter.
(Mar. 3, 1979, D.C. Law 2-139, § 1210a; as added Dec. 21, 2022, D.C. Law 24-212, § 2(k), 69 DCR 13950.)
Applicability
Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XII - Hours of Work; Legal Holidays; Leave › § 1–612.10b. Short-term disability insurance policies

§ 1–612.10b. Short-term disability insurance policies.
(a) The District may not enter into a policy or contract to provide temporary or short-term disability benefits to its employees that would allow the insurer to offset or reduce benefits or income available to an individual under the contract or policy based on estimated or actual leave benefits or salary the individual may or does receive under this chapter.
(b) A provision in a policy or contract between the District and an insurer executed afterDecember 21, 2022 that allows the insurer to offset or reduce benefits or income available to an individual under the contract or policy based on estimated or actual leave benefits or salary the individual may or does receive under this chapter shall be void as a matter of law.
(c) For the purposes of this section, the term "insurer" shall have the same meaning as provided in § 31-2231.01(7).
(Mar. 3, 1979, D.C. Law 2-139, § 1210b; as added Dec. 21, 2022, D.C. Law 24-212, § 2(k), 69 DCR 13950.)
Applicability
Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XII - Hours of Work; Legal Holidays; Leave › § 1–612.11. Rules

§ 1–612.11. Rules.
The Mayor shall issue proposed rules to implement the provisions of §§ 1-612.04 through 1-612.10. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.
(Mar. 3, 1979, D.C. Law 2-139, § 1211; as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159.)
Prior Codifications
1981 Ed., § 1-613.11.
Section References
This section is referenced in § 1-612.05, § 1-612.06, and § 1-612.08.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XII - Hours of Work; Legal Holidays; Leave › § 1–612.12. PFML Bank report

§ 1–612.12. PFML Bank report.
On or before March 1 of each year, the Mayor shall provide a PFML Bank report ("report") to the Council. The report shall include a government-wide summary and agency-level information on:
(1) The number of total contributed hours to the PFML Bank;
(2) The number of employees that contributed leave to the PFML Bank;
(3) The number of employees that withdrew leave from the PFML Bank;
(4) The number of hours of leave used for a qualifying medical leave event; and
(5) The number of hours of leave used for a qualifying family leave event.
(Mar. 3, 1979, D.C. Law 2-139, § 1212; as added Dec. 21, 2022, D.C. Law 24-212, § 2(l), 69 DCR 13950.)
Applicability
Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XII-A - Voluntary Leave Transfer Program. [Repealed] › § 1–612.31. Definitions. [Repealed]

§ 1–612.31. Definitions. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1231; as added Feb. 6, 2004, D.C. Law 15-68, § 2, 50 DCR 9819; Apr. 13, 2005, D.C. Law 15-354, § 5(c), 52 DCR 2638; Apr. 7, 2006, D.C. Law 16-91, § 118(b), 52 DCR 10637; Feb. 22, 2014, D.C. Law 20-83, § 2(b), 61 DCR 176; Dec. 21, 2022, D.C. Law 24-212, § 2(m), 69 DCR 13950.)
Effect of Amendments
D.C. Law 15-354, in par. (4), validated a previously made technical correction.
D.C. Law 16-91, in par. (4), validated a previously made technical correction.
The 2014 amendment by D.C. Law 20-83 rewrote (6).
Applicability
Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XII-A - Voluntary Leave Transfer Program. [Repealed] › § 1–612.32. Voluntary leave transfer program. [Repealed]

§ 1–612.32. Voluntary leave transfer program. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1232; as added Feb. 6, 2004, D.C. Law 15-68, § 2, 50 DCR 9819; Apr. 13, 2005, D.C. Law 15-354, § 5(d), 52 DCR 2638; Apr. 1, 2017, D.C. Law 21-232, § 2(l), 64 DCR 876; Dec. 21, 2022, D.C. Law 24-212, § 2(m), 69 DCR 13950.)
Section References
This section is referenced in § 1-612.38.
Effect of Amendments
D.C. Law 15-354, in par. (2) of subsec. (d), validated a previously made technical correction.
Applicability
Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(l) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).
For temporary (90 days) amendment of this section, see § 2(l) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XII-A - Voluntary Leave Transfer Program. [Repealed] › § 1–612.33. Application to receive transferred leave. [Repealed]

§ 1–612.33. Application to receive transferred leave. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1233; as added Feb. 6, 2004, D.C. Law 15-68, § 2, 50 DCR 9819; Apr. 1, 2017, D.C. Law 21-232, § 2(m), 64 DCR 876; Dec. 21, 2022, D.C. Law 24-212, § 2(m), 69 DCR 13950.)
Applicability
Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(m) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).
For temporary (90 days) amendment of this section, see § 2(m) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XII-A - Voluntary Leave Transfer Program. [Repealed] › § 1–612.34. Leave contributions. [Repealed]

§ 1–612.34. Leave contributions. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1234; as added Feb. 6, 2004, D.C. Law 15-68, § 2, 50 DCR 9819; Apr. 1, 2017, D.C. Law 21-232, § 2(n), 64 DCR 876; Dec. 21, 2022, D.C. Law 24-212, § 2(m), 69 DCR 13950.)
Applicability
Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(n) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).
For temporary (90 days) amendment of this section, see § 2(n) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XII-A - Voluntary Leave Transfer Program. [Repealed] › § 1–612.35. Approval or disapproval of leave transfer. [Repealed]

§ 1–612.35. Approval or disapproval of leave transfer. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1235; as added Feb. 6, 2004, D.C. Law 15-68, § 2, 50 DCR 9819; Apr. 1, 2017, D.C. Law 21-232, § 2(o), 64 DCR 876; Dec. 21, 2022, D.C. Law 24-212, § 2(m), 69 DCR 13950.)
Applicability
Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(o) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).
For temporary (90 days) amendment of this section, see § 2(o) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XII-A - Voluntary Leave Transfer Program. [Repealed] › § 1–612.36. Receipt and use of transferred leave. [Repealed]

§ 1–612.36. Receipt and use of transferred leave. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1236; as added Feb. 6, 2004, D.C. Law 15-68, § 2, 50 DCR 9819; Apr. 1, 2017, D.C. Law 21-232, § 2(p), 64 DCR 876; Dec. 21, 2022, D.C. Law 24-212, § 2(m), 69 DCR 13950.)
Applicability
Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(p) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).
For temporary (90 days) amendment of this section, see § 2(p) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XII-A - Voluntary Leave Transfer Program. [Repealed] › § 1–612.37. Prohibition of coercion. [Repealed]

§ 1–612.37. Prohibition of coercion. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1237; as added Feb. 6, 2004, D.C. Law 15-68, § 2, 50 DCR 9819; Dec. 21, 2022, D.C. Law 24-212, § 2(m), 69 DCR 13950.)
Applicability
Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XII-A - Voluntary Leave Transfer Program. [Repealed] › § 1–612.38. Voluntary Transfer of Leave Program Report. [Repealed]

§ 1–612.38. Voluntary Transfer of Leave Program Report. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1238; as added Feb. 6, 2004, D.C. Law 15-68, § 2, 50 DCR 9819; Dec. 21, 2022, D.C. Law 24-212, § 2(m), 69 DCR 13950.)
Section References
This section is referenced in § 1-612.32.
Cross References
Mayor and Council members, coverage, see § 1-602.02.
Merit system, continuation of existing laws, see § 1-632.06.
Merit system, effective date provisions, see § 1-636.02.
Merit system, life insurance, withholdings from employees and annuitants, see § 1-622.10.
Public assistance, workers’ compensation, recipients of Temporary Assistance for Needy Families, see § 4-205.19k.
Workers’ compensation, “employee” defined, see § 32-1501.
Applicability
Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XIII-A - Performance Management › § 1–613.52. Performance management system

§ 1–613.52. Performance management system.
The performance management system shall provide for:
(1) The development of individual performance plans for all employees;
(2) Ratings based on one or more of the following performance management components:
(A) Standards;
(B) Objectives;
(C) Real-time tasks and assignments; and
(D) Competencies;
(3) Up to 5 rating levels, the highest of which shall constitute an outstanding performance rating for purposes of § 1-624.02(b)(3) and the lowest of which shall constitute an unacceptable performance rating for purposes of § 1-624.02(b)(4);
(4) A rating process, with (at a minimum) annual evaluations which may include input from citizens, customers, peers, the employee, subordinates, and supervisors;
(5) A removal and reconsideration process, which may include the alternatives of reassignment and demotion; and
(6) An opportunity to demonstrate an improvement in performance during the reconsideration process.
(Mar. 3, 1979, D.C. Law 2-139, § 1352; as added June 10, 1998, D.C. Law 12-124, § 101(p), 45 DCR 2464; June 24, 2000, D.C. Law 13-131, § 2(b), 47 DCR 2692.)
Prior Codifications
1981 Ed., § 1-614.52.
Section References
This section is referenced in § 1-613.51.
Effect of Amendments
D.C. Law 13-131 rewrote subd. (3), which previously read:
“Rating levels of:
“(A) Exceeds expectations (outstanding);
“(B) Achieved expectations;
“(C) Below expectations; and
“(D) Failed expectations (unacceptable);”.
Emergency Legislation
For temporary (90-day) amendment of section, see § 2(b) of the Performance Rating Levels Emergency Amendment Act of 1999 (D.C. Act 13-206, December 8, 1999, 46 DCR 10468).
For temporary (90-day) amendment of section, see § 2(b) of the Performance Rating Levels Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-275, March 7, 2000, 47 DCR 2013).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(b) of Performance Rating Levels Temporary Amendment Act of 1999 (D.C. Law 13-85, April 12, 2000, law notification 47 DCR 2642).
Editor's Notes
Applicability of § 101(p) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-613.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XIII-A - Performance Management › § 1–613.53. Transition provisions

§ 1–613.53. Transition provisions.
(a) Until regulations are issued by the Mayor, the Board of Education and the Board of Trustees of the University of the District of Columbia to implement the provisions of this subchapter for their respective employees, the performance evaluation systems in effect on June 10, 1998, shall continue in effect.
(b) Notwithstanding any other provision of law or of any collective bargaining agreement, the implementation of the performance management system established in this subchapter is a non-negotiable subject for collective bargaining.
(Mar. 3, 1979, D.C. Law 2-139, § 1353; as added June 10, 1998, D.C. Law 12-124, § 101(p), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-614.53.
Editor's Notes
Applicability of § 101(p) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-613.51.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XIV - Performance-Rating Plans. [Repealed] › § 1–614.01. Established. [Repealed]

§ 1–614.01. Established. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1401, 25 DCR 5740; Sept. 18, 1981, D.C. Law 4-30, § 2, 28 DCR 3118; Feb. 24, 1987, D.C. Law 6-177, § 3(s), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(r), 43 DCR 2978; Mar. 24, 1998, D.C. Law 12-81, § 2(b), 45 DCR 745; June 10, 1998, D.C. Law 12-124, § 101(q), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-615.1.
1973 Ed., § 1-344.1.
Editor's Notes
Applicability of § 101(q) of D.C. Law 12-124: Section 401(c) of D.C. Law 12-124, as amended by § 60 of D.C. Law 12-264, provided that § 101(h), (l), (m), (n), (o)(2) through (5), (q), (r), (t), (u), (w), and (y) of the act shall apply as of October 21, 1998.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XIV - Performance-Rating Plans. [Repealed] › § 1–614.02. Content requirements. [Repealed]

§ 1–614.02. Content requirements. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1402, 25 DCR 5740; June 10, 1998, D.C. Law 12-124, § 101(q), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-615.2.
1973 Ed., § 1-344.2.
Editor's Notes
Applicability of § 101(q) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-614.01.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XIV - Performance-Rating Plans. [Repealed] › § 1–614.03. Ratings. [Repealed]

§ 1–614.03. Ratings. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1403, 25 DCR 5740; June 10, 1998, D.C. Law 12-154, § 101(q), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-615.3.
1973 Ed., § 1-344.3.
Editor's Notes
Applicability of § 101(q) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-614.01.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XIV - Performance-Rating Plans. [Repealed] › § 1–614.04. Review of ratings. [Repealed]

§ 1–614.04. Review of ratings. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1404, 25 DCR 5740; Mar. 5, 1981, D.C. Law 3-158, § 10(i), 27 DCR 5127; Sept. 26, 1995, D.C. Law 11-52, § 803(a), 42 DCR 3684; June 10, 1998, D.C. Law 12-124, § 101(q), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-615.4.
1973 Ed., § 1-344.4.
Editor's Notes
Applicability of § 101(q) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-614.01.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XIV - Performance-Rating Plans. [Repealed] › § 1–614.05. Other rating procedures prohibited; exception. [Repealed]

§ 1–614.05. Other rating procedures prohibited; exception. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1405, 25 DCR 5740; May 16, 1995, D.C. Law 11-16, § 2(a), 42 DCR 1394; June 10, 1998, D.C. Law 12-124, § 101(q), 45 DCR 2464.)
Prior Codifications
1981 Ed., § 1-615.5.
1973 Ed., § 1-344.5.
Editor's Notes
Applicability of § 101(q) of D.C. Law 12-124: See Historical and Statutory Notes following § 1-614.01.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XIV-A - Managers Accountability › § 1–614.11. Definitions

§ 1–614.11. Definitions.
For the purposes of this subchapter, the term:
(1) “Agency” means any office, department, division, board, commission, or other agency of the District government, including both subordinate agency and independent agency, required by law or by the Mayor or Council to administer any law or any rule adopted under the authority of a law. The term “agency” does not include the Superior Court of the District of Columbia or the District of Columbia Court of Appeals.
(2) “Performance measures” means the methods of gauging the outcomes and outputs of publicly funded activities through procedures and devices, including, but not limited to, existing agency records, citizen surveys, and trained observer ratings.
(3) “Performance plan” means the strategic description of how an agency’s mission and goals will be accomplished and shall consist of functions, activities, operations, and projects and both qualitative and quantitative measures required for effective implementation. The performance plan shall also include the following:
(A) Mission statement: A statement of central purpose of the organizational entity;
(B) Objectives: Broad statements of the desired benefits from the performance of the central purpose; and
(C) Goals: Target levels of performance expressed as a tangible, measurable objective, against which actual achievement can be compared, including a goal expressed as a quantitative standard, value, or rate.
(4) “Performance report” means the annual device by which District agencies report to the Council on the progress of management employees and other personnel toward achieving the objectives and goals in the performance plan.
(5) “Management employee” means any person whose functions include responsibility for project management and supervision of staff and the achievement of the project’s overall goals and objectives.
(6) “Nonmanagement personnel” means any person whose functions do not include responsibility for project management or supervision of staff, and are subject to the control and supervision by management employees.
(7) “Significant activities” means activities that are central to the functions, goals, and services of the agency, program, or project.
(8) “Publicly funded” or “public funds” means support by any governmental source.
(Mar. 3, 1979, D.C. Law 2-139, § 1411; as added May 16, 1995, D.C. Law 11-16, § 2(b), 42 DCR 1394; Apr. 12, 2000, D.C. Law 13-91, § 106, 47 DCR 520.)
Prior Codifications
1981 Ed., § 1-615.11.
Section References
This section is referenced in § 1-609.52, § 1-609.58, and § 4-1345.03.
Effect of Amendments
D.C. Law 13-91, in subd. (3)(C), substituted “measurable” for “measureable”.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XIV-A - Managers Accountability › § 1–614.12. Performance plan

§ 1–614.12. Performance plan.
(a) Not later than January 1, 1996, and coincident with annual budget submissions to the Council in succeeding years, each agency of the District of Columbia shall develop and submit to the Council a performance plan that covers all publicly funded activities of the agency.
(b) The performance plan shall state measurable, objective performance goals and objectives for all significant activities of the government of the District of Columbia, including activities supported in whole or in part by public funds, but performed in whole or in part by some other public or private entity.
(c) Control center and responsibility center budgetary information shall be organized along specific program lines with corresponding statements of goals and objectives included in the performance plan.
(d) For each agency and major program covered by the performance plan, there shall be one or more measures of performance, that addresses both quantity and quality. The performance measures may include program outputs and activity levels, but should also include measures of program outcomes and results.
(e) The performance plan shall state the name and position of the management employees most directly responsible for the achievement of each performance measure, and the immediate supervisor or superior of the management employees.
(f) Any change in resources or reprogramming within the agency shall require appropriate revision to the performance plan by the agency.
(Mar. 3, 1979, D.C. Law 2-139, § 1412; as added May 16, 1995, D.C. Law 11-16, § 2(b), 42 DCR 1394; Oct. 19, 2000, D.C. Law 13-172, § 1802, 47 DCR 6308; Oct. 19, 2000, D.C. Law 13-172, § 1802(a), 47 DCR 6308.)
Prior Codifications
1981 Ed., § 1-615.12.
Effect of Amendments
D.C. Law 13-172 rewrote subsec. (e), which previously read:
“For each measure of performance there shall be at least 2 stated objectives, one designated as an acceptable level of performance and the other designated as a superior level of performance. The performance plan shall also state the position, and immediate supervisor or superior of the District of Columbia management employee, and the identity of nonmanagement personnel who are most directly responsible for the achievement of each performance measure.”
Emergency Legislation
For temporary (90-day) amendment of section, see § 1802(a) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90 day) amendment of section, see § 1802(a) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).
Mayor's Orders
Government Managers Accountability Act of 1995—FY 96 Performance Report and FY 98 Performance Plan: See Mayor’s Order 97-8, January 14, 1997 ( 44 DCR 490).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XIV-A - Managers Accountability › § 1–614.13. Performance report

§ 1–614.13. Performance report.
(a) Not later than January 1, 1997, and on January 15th in subsequent years, each agency of the District of Columbia government shall develop and submit to the Council of the District of Columbia a performance report covering all major programs of the agency.
(b) The performance report shall indicate, for each performance measure stated in the previous fiscal year’s performance plan, the actual level of performance as compared to the stated goal or objective for performance. The performance report shall also state the name and position of the management employee or employees most directly responsible for the achievement of each performance measure, and the immediate supervisor or superior of the management employee or employees.
(Mar. 3, 1979, D.C. Law 2-139, § 1413; as added May 16, 1995, D.C. Law 11-16, § 2(b), 42 DCR 1394; Oct. 19, 2000, D.C. Law 13-172, § 1802(b), 47 DCR 6308.)
Prior Codifications
1981 Ed., § 1-615.13.
Section References
This section is referenced in § 47-308.02.
Effect of Amendments
D.C. Law 13-172, in subsec. (a), substituted “on January 15th in subsequent years” for “coincident with annual agency budget submissions in subsequent years”; and rewrote subsec. (b), which previously read:
“The performance report shall, for each performance measure stated in the previous fiscal year’s performance plan, indicate the actual level of performance achieved as compared to the stated goal or objective for an acceptable level of performance and the goal or objective for a superior level of performance. The performance report shall also state the position and the immediate supervisor or superior of the District of Columbia management employee most directly responsible for the achievement of each performance measure, as well as the names of the nonmanagement personnel responsible for the accomplishment of the performance measure under management’s supervision.”
Emergency Legislation
For temporary (90-day) amendment of section, see § 1802(b) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90 day) amendment of section, see § 1802(b) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XIV-A - Managers Accountability › § 1–614.14. Development of plans and reports

§ 1–614.14. Development of plans and reports.
(a) Agencies of the District of Columbia shall develop the performance plans and performance reports that are submitted by January 1, 1996, and January 1, 1997.
(b) The Mayor shall order that the District of Columbia Office of Personnel amend its management and personnel laws and regulations to be in conformance with the provisions of this subchapter.
(c) Repealed.
(d) The District may invite outside review of the process and the indicators upon the submission of the first performance plan and performance report to obtain recommendations concerning the process and the indicators, and after the initial review, on a biannual basis.
(Mar. 3, 1979, D.C. Law 2-139, § 1414; as added May 16, 1995, D.C. Law 11-16, § 2(b), 42 DCR 1394; Oct. 19, 2000, D.C. Law 13-172, § 2402(b), 47 DCR 6308; Mar. 10, 2023, D.C. Law 24-311, § 2, 70 DCR 595.)
Prior Codifications
1981 Ed., § 1-615.14.
Effect of Amendments
D.C. Law 13-172 rewrote subsec. (c), which previously read:
“The Office of the District of Columbia Auditor shall conduct an audit of the performance reports of the District of Columbia that are submitted in 1997 and 1998.”
Cross References
Mayor and Council members, coverage, see § 1-602.02.
Organization for personnel management, rules and regulations, see § 1-604.04.
Emergency Legislation
For temporary (90-day) amendment of section, see § 2402(b) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90 day) amendment of section, see § 2402(b) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XV - Employee Rights and Responsibilities › § 1–615.01. Declaration of purpose. [Repealed]

§ 1–615.01. Declaration of purpose. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1501, 25 DCR 5740; Oct. 7, 1998, D.C. Law 12-160, § 102(b), 45 DCR 5147.)
Prior Codifications
1981 Ed., § 1-616.1.
1973 Ed., § 1-345.1.
Emergency Legislation
For temporary repeal of §§ 1-615.01 through 1-615.03, see § 102(b) of the Whistleblower Reinforcement Emergency Amendment Act of 1998 (D.C. Act 12-400, July 13, 1998, 45 DCR 5158) and § 102(b) of the Whistleblower Reinforcement Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-464, October 28, 1998, 45 DCR 7821).
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XV - Employee Rights and Responsibilities › § 1–615.02. Employee bill of rights. [Repealed]

§ 1–615.02. Employee bill of rights. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1502, 25 DCR 5740; Oct. 7, 1998, D.C. Law 12-160, § 102(b), 45 DCR 5147.)
Prior Codifications
1981 Ed., § 1-616.2.
1973 Ed., § 1-345.2.
Emergency Legislation
See Historical and Statutory Notes following § 1-615.01.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XV - Employee Rights and Responsibilities › § 1–615.03. Complaints of criminal harassment for appearances and testimony before the Council. [Repealed]

§ 1–615.03. Complaints of criminal harassment for appearances and testimony before the Council. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-139, § 1503, 25 DCR 5740; Sept. 26, 1990, D.C. Law 8-169, § 2(a), 37 DCR 4835; Oct. 7, 1998, D.C. Law 12-160, § 102(b), 45 DCR 5147.)
Prior Codifications
1981 Ed., § 1-616.3.
1973 Ed., § 1-345.3.
Emergency Legislation
See Historical and Statutory Notes following § 1-615.01.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XV - Employee Rights and Responsibilities › § 1–615.04. Public employees as fiduciaries for consumer protection

§ 1–615.04. Public employees as fiduciaries for consumer protection.
(a) For purposes of this section, “consumer protection law” shall include any law intended to protect, or which does in fact protect, individual consumers from unfair, deceptive, or misleading acts or practices; or the nondisclosure of product quality, weight, size, or performance. Any employee who administers, enforces, or implements any health, safety, environmental, or consumer protection law, or any rules and regulations promulgated for the enforcement of such laws, is a fiduciary to any individual or class of individuals intended to be protected, or who are in fact protected, from injury or harm, or risk of injury or harm, by laws, rules and regulations, and, as a fiduciary, is obligated to protect such individual or class of individuals.
(b) Any individual or class of individuals may commence a civil action on his or her or their own behalf against any employee or employees in any agency for breach of a fiduciary duty upon showing that said employee or employees by his or her or their acts or omissions has or have exposed said individual or class of individuals to an injury or harm, or risk of injury or harm, from which they are to be protected by the employee or employees. Such action may be brought in the Superior Court of the District of Columbia. The District of Columbia, through the Corporation Counsel, shall defend any employee or employees against whom such action is commenced. Such employee or employees may, however, at his or her or their option, provide for his or her or their own defense.
(c) If the Court finds that any employee or employees have breached their fiduciary duty by any act or omission or by any series of acts or omissions, the Court shall do the following:
(1) Order performance or cessation of performance, as appropriate; and
(2) Take any other appropriate action, including the assessment of fines not to exceed $1,000, against any employee or employees within the agency who has or have breached the duties of the fiduciary relationship.
(Mar. 3, 1979, D.C. Law 2-139, § 1504, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-616.4.
1973 Ed., § 1-345.4.
2023 District of Columbia Code › Title 1 - Government Organization › Chapter 6 - Merit Personnel System › Subchapter XV - Employee Rights and Responsibilities › § 1–615.05. Curbing fraud and conflicts of interest

§ 1–615.05. Curbing fraud and conflicts of interest.
(a)(1) Any citizen shall have a right to commence a suit in the Superior Court of the District of Columbia on behalf of the District government to recover funds which have been improperly paid by the District government while there exists any conflict of interest on the part of the employee or employees directly or indirectly responsible for such payment.
(2) It shall be an affirmative defense to any action under this section that the defendant did not know or have reason to know of the conflict of interest.
(b) Any citizen who commences a suit under this section shall be entitled to 10 percent of the amount recovered for the District. The prevailing party shall recover reasonable attorney’s fees and other costs incidental to the action.
(c) The right of a citizen to commence and maintain a suit under this section shall continue notwithstanding any action taken by the Corporation Counsel or any United States attorney: Provided, however, that if the District shall first commence suit, a citizen may not commence a suit under this section: Provided, further, however, that if the District shall fail to carry on such suit with due diligence within a period of 6 months or within such additional time as the Court may allow, a citizen may commence a suit under this section and such suit shall continue notwithstanding any action taken by the Corporation Counsel or any United States attorney.
(Mar. 3, 1979, D.C. Law 2-139, § 1505, 25 DCR 5740.)
Prior Codifications
1981 Ed., § 1-616.5.
1973 Ed., § 1-345.5.