reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 32 - Labor › Chapter 3 - Employment Opportunities for Individuals with Disabilities › Subchapter II - Rehabilitation Services Program › § 32–331. Establishment of the Rehabilitation Services Program

§ 32–331. Establishment of the Rehabilitation Services Program.
(a) There is established a Rehabilitation Services Program that shall provide comprehensive, coordinated, efficient, and accountable federally subsidized services to individuals with disabilities, including individuals with significant disabilities, to assist those individuals in achieving gainful employment in accordance with the requirements of the Rehabilitation Act of 1973, approved August 7, 1998 (112 Stat. 1116; 29 U.S.C. § 720 et seq.).
(b) The Mayor shall establish an economic needs test to be used in determining the ability of applicants for and recipients of vocational rehabilitation services to contribute to the payment of the costs of the vocational rehabilitation services.
(Apr. 12, 2005, D.C. Law 15-332, § 2, 52 DCR 1989.)
Section References
This section is referenced in § 7-761.05.
Emergency Legislation
For temporary (90 day) addition, see § 2 of Rehabilitation Services Program Establishment Emergency Act of 2002 (D.C. Act 14-284, February 25, 2002, 49 DCR 2311).
For temporary (90 day) addition, see § 2 of Rehabilitation Services Program Establishment Second Emergency Act of 2002 (D.C. Act 14-596, January 7, 2003, 50 DCR 650).
For temporary (90 day) addition, see § 2 of Rehabilitation Services Program Establishment Congressional Review Emergency Act of 2003 (D.C. Act 15-72, April 16, 2003, 50 DCR 3612).
For temporary (90 day) addition, see § 2 of Rehabilitation Services Program Establishment Emergency Act of 2003 (D.C. Act 15-235, November 25, 2003, 50 DCR 10737).
For temporary (90 day) addition, see § 2 of Rehabilitation Services Program Establishment Congressional Review Emergency Act of 2004 (D.C. Act 15-358, February 19, 2004, 51 DCR 2576).
For temporary (90 day) addition, see § 2 of Rehabilitation Services Program Establishment Emergency Act of 2004 (D.C. Act 15-559, October 26, 2004, 51 DCR 10378).
For temporary (90 day) addition, see § 2 of Rehabilitation Services Program Establishment Congressional Review Emergency Act of 2005 (D.C. Act 16-9, January 19, 2005, 52 DCR 2694).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2 of Rehabilitation Services Program Establishment Temporary Act of 2002 (D.C. Law 14-138, May 21, 2002, law notification 49 DCR 5055).
For temporary (225 day) amendment of section, see § 2 of Rehabilitation Services Program Establishment Temporary Act of 2003 (D.C. Law 14-290, April 4, 2003, law notification 50 DCR 5848).
For temporary (225 day) amendment of section, see § 2 of Rehabilitation Services Program Establishment Temporary Act of 2003 (D.C. Law 15-99, March 10, 2004, law notification 51 DCR 3619).
For temporary (225 day) amendment of section, see § 2 of Rehabilitation Services Program Establishment Temporary Act of 2004 (D.C. Law 15-250, March 17, 2003, law notification 52 DCR 4126).
2023 District of Columbia Code › Title 32 - Labor › Chapter 3 - Employment Opportunities for Individuals with Disabilities › Subchapter II - Rehabilitation Services Program › § 32–331.01. Grant and contract authority

§ 32–331.01. Grant and contract authority.
The Rehabilitation Services Program may:
(1) Receive and administer grants, as necessary, to provide services to assist individuals with disabilities in achieving or maintaining gainful employment; and
(2) Enter into contracts or other agreements, as necessary, to provide services or support to assist individuals with disabilities in achieving or maintaining gainful employment.
(Apr. 12, 2005, D.C. Law 15-332, § 2a; as added Sept. 18, 2007, D.C. Law 17-20, § 5002, 54 DCR 7052.)
Emergency Legislation
For temporary (90 day) addition, see § 5002 of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).
Short Title
Short title: Section 5001 of D.C. Law 17-20 provided that subtitle A of title V of the act may be cited as the “Rehabilitation Services Program Amendment Act of 2007”.
2023 District of Columbia Code › Title 32 - Labor › Chapter 3 - Employment Opportunities for Individuals with Disabilities › Subchapter II - Rehabilitation Services Program › § 32–332. Rules

§ 32–332. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subchapter.
(Apr. 12, 2005, D.C. Law 15-332, § 3, 52 DCR 1989.)
Emergency Legislation
For temporary (90 day) addition, see § 3 of Rehabilitation Services Program Establishment Emergency Act of 2002 (D.C. Act 14-284, February 25, 2002, 49 DCR 2311).
For temporary (90 day) addition, see § 3 of Rehabilitation Services Program Establishment Second Emergency Act of 2002 (D.C. Act 14-596, January 7, 2003, 50 DCR 650).
For temporary (90 day) addition, see § 3 of Rehabilitation Services Program Establishment Congressional Review Emergency Act of 2003 (D.C. Act 15-72, April 16, 2003, 50 DCR 3612).
For temporary (90 day) addition, see § 3 of Rehabilitation Services Program Establishment Emergency Act of 2003 (D.C. Act 15-235, November 25, 2003, 50 DCR 10737).
For temporary (90 day) addition, see § 3 of Rehabilitation Services Program Establishment Congressional Review Emergency Act of 2004 (D.C. Act 15-358, February 19, 2004, 51 DCR 2576).
For temporary (90 day) addition, see § 3 of Rehabilitation Services Program Establishment Emergency Act of 2004 (D.C. Act 15-559, October 26, 2004, 51 DCR 10378).
For temporary (90 day) addition, see § 3 of Rehabilitation Services Program Establishment Congressional Review Emergency Act of 2005 (D.C. Act 16-9, January 19, 2005, 52 DCR 2694).
Temporary Legislation
For temporary (225 day) amendment of section, see § 3 of Rehabilitation Services Program Establishment Temporary Act of 2002 (D.C. Law 14-138, May 21, 2002, law notification 49 DCR 5055).
For temporary (225 day) amendment of section, see § 3 of Rehabilitation Services Program Establishment Temporary Act of 2003 (D.C. Law 14-290, April 4, 2003, law notification 50 DCR 5848).
For temporary (225 day) amendment of section, see § 3 of Rehabilitation Services Program Establishment Temporary Act of 2003 (D.C. Law 15-99, March 10, 2004, law notification 51 DCR 3619).
For temporary (225 day) amendment of section, see § 3 of Rehabilitation Services Program Establishment Temporary Act of 2004 (D.C. Law 15-250, March 17, 2003, law notification 52 DCR 4126).
2023 District of Columbia Code › Title 32 - Labor › Chapter 4 - Employment Services Licensing and Regulation › § 32–403. Bonding requirements

§ 32–403. Bonding requirements.
(a) Every applicant for a license to operate an employment agency, employment counseling service, or job listing service, prior to receiving a license, shall file with the Mayor a bond signed by the applicant as principal and by a surety company authorized to do business in the District as a surety.
(b)(1) Any employment agency or employment counseling service whose average fee for job-seekers is $2,000 or more and which enters into contracts with 100 or more job-seekers per year shall file a bond in the amount of $100,000.
(2) Any employment agency or employment counseling service whose average fee for job-seekers is less than $2,000 or which enters into contracts with fewer than 100 job-seekers per year shall file a bond in the amount of $50,000.
(3) Each job listing service shall file a bond in the amount of $5,000.
(c) Each bond shall be in favor of the District for the benefit of any job-seeker injured by the employment agency or employment counseling service or any purchaser of job lists from the job listing service when the job-seeker or purchaser is unable to recover directly from the licensee for the injury. The liability of the surety under any bond may not exceed the amount of the bond, regardless of the number or amount of claims filed. If the claims filed should exceed the amount of the bond, the surety shall pay the amount of the bond to the Mayor for distribution to claimants entitled to restitution and shall be relieved of all liability under the bond.
(d) Upon commencement of any action or actions against the surety based upon the bond for an aggregate amount exceeding the amount of the bond, the Mayor may require the licensee to obtain an additional bond in an amount to be determined by the Mayor. The licensee’s failure to file the new and additional bond within 30 days from the date of the Mayor’s requirement shall constitute cause for revocation of the license.
(e) Each applicant for renewal of a license to operate an employment agency, employment counseling service, or job listing service, prior to receiving the license renewal, shall file with the Mayor evidence that the bond required by this section remains in force.
(f) The Mayor may accept an irrevocable letter of credit from a financial institution authorized to do business in the District, or evidence of cash deposited in an escrow account in a financial institution in the District in the name of the licensee and the District in lieu of the bond required by this section. The letter of credit or escrow account shall be in the amounts required by subsection (b) of this section.
(Mar. 13, 1985, D.C. Law 5-136, § 4, 31 DCR 5727.)
Prior Codifications
1981 Ed., § 36-1003.
2023 District of Columbia Code › Title 32 - Labor › Chapter 4 - Employment Services Licensing and Regulation › § 32–406. Requirements for operation of employer-paid personnel services

§ 32–406. Requirements for operation of employer-paid personnel services.
(a) Each employer-paid personnel service shall maintain a file of all of its advertisements identified by date and publication. All advertisements and other promotional material shall carry the name under which the employer-paid personnel service is licensed to do business.
(b) Any employer-paid personnel service which uses any statistics regarding its placement rate, success rate, or other similar statistics in its advertising, promotional materials, or oral or written statements to job-seekers shall maintain records from which the Mayor can determine the accuracy of these statistics.
(c) Each employer-paid personnel service shall keep detailed records of the following information on forms approved by the Mayor:
(1) The names, home addresses, and telephone numbers of all job-seekers interviewed by the employer-paid personnel service;
(2) The name of each employer placing a job order with the employer-paid personnel service, a description of each job order, and the identity of each job-seeker referred to the employer for each job order;
(3) The identity of each employer and job-seeker for each job placement resulting from the activities performed by the employer-paid personnel service and a description of the job in which the job-seeker was placed; and
(4) Any other information determined by the Mayor to be necessary to accomplish the purposes of this chapter.
(d) The records required by subsections (a) through (c) of this section shall be maintained for 4 years from the date the record is made.
(e) No employer-paid personnel service doing business in the District, or any person employed by or acting as an agent of that employment agency, shall:
(1) Knowingly make referrals to any job for which the requirements, duties, or conditions violate federal or District law;
(2) Knowingly refer any job-seeker to any establishment at which a labor dispute is in progress without informing the job-seeker of the existence of the labor dispute;
(3) Advertise a job opening unless the employer-paid personnel service has on file a bona fide employer order for a job-seeker for that job opening;
(4) Solicit, persuade, or induce any job-seeker to leave any job in which the employer-paid personnel service placed the job-seeker;
(5) Place or attempt to place any person under the age of 18 in any employment where the employment would violate any compulsory education or child labor laws; or
(6) Violate any provision of Chapter 39 of Title 28.
(Mar. 13, 1985, D.C. Law 5-136, § 7, 31 DCR 5727.)
Prior Codifications
1981 Ed., § 36-1006.
Section References
This section is referenced in § 28-3904 and § 32-401.
2023 District of Columbia Code › Title 32 - Labor › Chapter 4 - Employment Services Licensing and Regulation › § 32–407. Requirements for operation of job listing services

§ 32–407. Requirements for operation of job listing services.
(a) Each job listing service shall maintain a file of all its advertisements identified by date and publication. All advertisements and other promotional material shall carry the name under which the job listing service is licensed to do business.
(b) Any job listing service which uses any statistics regarding its success rate or other similar statistics in its advertising, promotional materials, or oral or written statements to purchasers or potential purchasers of job lists shall maintain records from which the Mayor can determine the accuracy of these statistics.
(c) Each job listing service shall keep detailed records on forms approved by the Mayor of the sources of information used for the preparation of job lists offered for sale.
(d) The records required by subsections (a) through (c) of this section shall be maintained for 4 years from the date the record was made.
(e) Each job listing service shall identify, on each job list offered for sale, its source of information for the jobs included on that list when the source of information is a publication or other public record.
(f) No job listing service doing business in the District or any person employed by or acting as an agent of that job listing service shall:
(1) Include on any job list offered for sale any job which the job listing service does not know to be vacant within the 15-day period immediately preceding the date the job list is offered for sale; or
(2) Violate any provision of Chapter 39 of Title 28.
(Mar. 13, 1985, D.C. Law 5-136, § 8, 31 DCR 5727.)
Prior Codifications
1981 Ed., § 36-1007.
Section References
This section is referenced in § 28-3904.
2023 District of Columbia Code › Title 32 - Labor › Chapter 4 - Employment Services Licensing and Regulation › § 32–408. Discrimination prohibited

§ 32–408. Discrimination prohibited.
It shall be unlawful for any employment agency, employment counseling service, employer-paid personnel service, job listing service, or employment counselor to fail or refuse to provide service to any person for any reason based on race, color, religion, national origin, sex, age, marital status, domestic partnership, personal appearance, sexual orientation, gender identity or expression, family responsibilities, physical disability, matriculation, or political affiliation. For the purposes of this section, the term “domestic partnership” shall have the same meaning as provided in § 32-701(4).
(Mar. 13, 1985, D.C. Law 5-136, § 9, 31 DCR 5727; Apr. 24, 2007, D.C. Law 16-305, § 46, 53 DCR 6198; June 25, 2008, D.C. Law 17-177, § 17(b), 55 DCR 3696; Sept. 12, 2008, D.C. Law 17-231, § 29, 55 DCR 6758.)
Prior Codifications
1981 Ed., § 36-1008.
Section References
This section is referenced in § 32-401.
Effect of Amendments
D.C. Law 16-305 substituted “disability” for “handicap”.
D.C. Law 17-177 substituted “sexual orientation, gender identity or expression” for “sexual orientation”.
D.C. Law 17-231 substituted “marital status, domestic partnership,” for “marital status,”; and added the definition of “domestic partnership”.
2023 District of Columbia Code › Title 32 - Labor › Chapter 4 - Employment Services Licensing and Regulation › § 32–409. Protection of privacy

§ 32–409. Protection of privacy.
An employment agency, employment counseling service, employer-paid personnel service, or employment counselor shall obtain the express written authorization of a job-seeker before disclosing the job-seeker’s name, home address, or telephone number to any person other than to the Mayor or his or her duly authorized representative for the purpose of conducting an investigation pursuant to § 32-410.
(Mar. 13, 1985, D.C. Law 5-136, § 10, 31 DCR 5727.)
Prior Codifications
1981 Ed., § 36-1009.
2023 District of Columbia Code › Title 32 - Labor › Chapter 4 - Employment Services Licensing and Regulation › § 32–410. Investigations

§ 32–410. Investigations.
(a) The Mayor may investigate the manner in which all employment agencies, employment counseling services, employer-paid personnel services, and job listing services doing business in the District conduct their businesses, and may examine at any time during business hours any and all books and records of the employment agencies, employment counseling services, employer-paid personnel services, and job listing services to determine compliance with the provisions of this chapter and rules and regulations issued by the Mayor pursuant to this chapter.
(b) The Mayor may further investigate all matters which may aid in the enforcement of this chapter.
(Mar. 13, 1985, D.C. Law 5-136, § 11, 31 DCR 5727.)
Prior Codifications
1981 Ed., § 36-1010.
Section References
This section is referenced in § 32-409.
2023 District of Columbia Code › Title 32 - Labor › Chapter 4 - Employment Services Licensing and Regulation › § 32–411. Powers of Mayor as to witnesses

§ 32–411. Powers of Mayor as to witnesses.
(a) The Mayor, in the performance of any duty or the execution of any power prescribed by this chapter, may administer oaths or affirmations, certify official acts, take and cause to be taken depositions of witnesses, issue subpoenas, and compel the attendance of witnesses and production of books, papers, documents, records, and testimony.
(b) In case of failure of any person to comply with a lawful subpoena or of the refusal of any witness to produce evidence or to testify to any matter about which he or she may be lawfully interrogated, the Superior Court of the District of Columbia, upon the application of the Mayor or the Mayor’s designee, may compel obedience by proceedings for contempt.
(Mar. 13, 1985, D.C. Law 5-136, § 12, 31 DCR 5727.)
Prior Codifications
1981 Ed., § 36-1011.
2023 District of Columbia Code › Title 32 - Labor › Chapter 4 - Employment Services Licensing and Regulation › § 32–413. Mediation or arbitration of disputes

§ 32–413. Mediation or arbitration of disputes.
Upon receipt of a complaint against an employment agency, employment counseling service, employer-paid personnel service, job listing service, or employment counselor, the Mayor may seek to mediate the dispute or arrange for arbitration by an impartial arbitrator or panel of arbitrators.
(Mar. 13, 1985, D.C. Law 5-136, § 14, 31 DCR 5727.)
Prior Codifications
1981 Ed., § 36-1013.
2023 District of Columbia Code › Title 32 - Labor › Chapter 4 - Employment Services Licensing and Regulation › § 32–414. Penalties

§ 32–414. Penalties.
(a) Any individual, partnership, association, corporation, contractor, or subcontractor who opens, operates, or maintains an employment agency, employment counseling service, employer-paid personnel service, or job listing service, or any person acting in the capacity of an employment counselor without first obtaining a license for that purpose shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine not to exceed $1,000 for each day the violation occurs, or to imprisonment not to exceed 1 year, or both.
(b) The Mayor may, following a hearing, revoke or suspend for a period determined by the Mayor the license of any employment agency, employment counseling service, employer-paid personnel service, job listing service, or employment counselor violating any provision of this chapter.
(c) The Mayor may, following a hearing, order an employment agency, employment counseling service, employer-paid personnel service, job listing service, or employment counselor to make restitution to a complainant for losses or expenses incurred by the complainant as a result of violations of this chapter by the employment agency, employment counseling service, employer-paid personnel service, job listing service or employment counselor.
(d) The Mayor may, following a hearing, impose a fine of not less than $100 or more than $1,000 against any employment agency, employment counseling service, employer-paid personnel service, or job listing service found in violation of any provision of this chapter. The fine may be imposed for each violation.
(e) The Mayor may, following a hearing, impose a fine of not less than $25 or more than $500 against any employment counselor found in violation of any provision of this chapter. The fine may be imposed for each violation.
(f) Any employment agency, employment counseling service, employer-paid personnel service, job listing service, or employment counselor aggrieved by any order of the Mayor imposing fines, ordering restitution, or suspending or revoking a license may obtain a review thereof in the District of Columbia Court of Appeals pursuant to § 2-510.
(g) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or the rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2. Adjudication of any infractions shall be pursuant to Chapter 18 of Title 2.
(Mar. 13, 1985, D.C. Law 5-136, § 15, 31 DCR 5727; Oct. 5, 1985, D.C. Law 6-42, § 403, 32 DCR 4450.)
Prior Codifications
1981 Ed., § 36-1014.
Section References
This section is referenced in § 32-401.
2023 District of Columbia Code › Title 32 - Labor › Chapter 4 - Employment Services Licensing and Regulation › § 32–415. Rules and regulations; delegation of authority

§ 32–415. Rules and regulations; delegation of authority.
(a) The Mayor shall issue, and may amend from time to time, rules and regulations to implement the provisions of this chapter.
(b) By issuance of a Mayor’s Order, the Mayor may delegate the powers and duties assigned to the Mayor by this chapter.
(Mar. 13, 1985, D.C. Law 5-136, § 17, 31 DCR 5727.)
Prior Codifications
1981 Ed., § 36-1015.
Delegation of Authority
Delegation of authority pursuant to Law 5-136, see Mayor’s Order 86-9, January 16, 1986.
2023 District of Columbia Code › Title 32 - Labor › Chapter 4 - Employment Services Licensing and Regulation › § 32–416. Exemptions

§ 32–416. Exemptions.
The requirements of this chapter shall not apply to:
(1) Any employer who directly hires and compensates employees for the exclusive purpose of furnishing part-time or temporary help to others and does not in any way offer or attempt to place the employees in permanent jobs with any other employer;
(2) Any person conducting a business which, for a fee, prepares resumes for individuals but does not provide, offer, or imply the offer of any other service related to employment;
(3) Bona fide educational, religious, charitable, fraternal, and benevolent organizations in which no fee, commission, or other charge is made for services rendered other than ordinary membership dues or tuition fees;
(4) Bona fide labor organizations securing or attempting to secure employment for their members;
(5) Bona fide employees’ organizations securing or attempting to secure employment for their members;
(6) Professional counselors whose advice and counsel to individuals concerning employment is incidental to the primary counseling services provided; or
(7) Any agency or instrumentality of the United States government or the District government.
(Mar. 13, 1985, D.C. Law 5-136, § 18, 31 DCR 5727.)
Prior Codifications
1981 Ed., § 36-1016.
2023 District of Columbia Code › Title 32 - Labor › Chapter 5 - Leave from Work › Subchapter I - Family and Medical Leave › § 32–503. Medical leave requirement

§ 32–503. Medical leave requirement.
(a) Subject to the provisions of § 32-504, any employee who becomes unable to perform the functions of the employee’s position because of a serious health condition shall be entitled to medical leave for as long as the employee is unable to perform the functions, except that the medical leave shall not exceed 16 workweeks during any 24-month period. The medical leave may be taken intermittently when medically necessary.
(b)(1) Except as provided in paragraphs (2) through (4) of this subsection, medical leave may consist of unpaid leave.
(2) Any paid medical or sick leave provided by an employer that the employee elects to use for medical leave shall count against the 16 workweeks of allowable medical leave under this chapter.
(3) If an employer and employee agree that an employee may use paid vacation, personal, or compensatory leave as medical leave, the paid vacation, personal, or compensatory leave shall count against the 16 workweeks of medical leave provided in this chapter.
(4) If an employer has a program that allows an employee to use the paid leave of another employee under certain conditions, and the conditions have been met, the employee may use the paid leave as medical leave and the leave shall count against the 16 workweeks of medical leave provided in this chapter.
(c) If the need for medical leave is foreseeable based on planned medical treatment or supervision, the employee shall:
(1) Provide the employer with prior reasonable notice of the medical treatment or supervision; and
(2) Make a reasonable effort to schedule the medical treatment or supervision, subject to the approval of the health care provider of the employee, in a manner that does not disrupt unduly the operations of the employer.
(Oct. 3, 1990, D.C. Law 8-181, § 4, 37 DCR 5043.)
Prior Codifications
1981 Ed., § 36-1303.
Section References
This section is referenced in § 32-504, § 32-505, and § 32-506.
2023 District of Columbia Code › Title 32 - Labor › Chapter 5 - Leave from Work › Subchapter I - Family and Medical Leave › § 32–506. School employees

§ 32–506. School employees.
(a) If the conditions in subsection (b) of this section are met, a local educational agency (“educational agency”) or private elementary or secondary school (“school”) may require an employee who is employed principally in an instructional capacity to elect to:
(1) Take the family or medical leave for periods of particular duration not to exceed the planned medical treatment or supervision; or
(2) Transfer temporarily to an available alternative position offered by the educational agency or school for which the employee is qualified, which has equivalent pay and benefits, and better accommodates the recurring periods of leave than the employee’s regular employment position.
(b) The provisions of subsection (a) of this section shall apply if the employee described in subsection (a) of this section:
(1) Elects to take family leave pursuant to § 32-502(a)(4) or medical leave pursuant to § 32-503 that is foreseeable based on planned medical treatment or supervision;
(2) Would be on leave for greater than 20% of the total number of working days in the period during which leave would extend; and
(3) Complies with § 32-502(g) or § 32-503(c).
(c)(1) If an employee of an educational agency or school who is employed principally in an instructional capacity begins family or medical leave more than 5 weeks before the end of the academic term, the educational agency or school may require the employee to continue to take leave until the end of the term if:
(A) The leave is at least 3 weeks in duration; and
(B) The return to employment would occur during the 3-week period before the end of the academic term.
(2) If the employee described in paragraph (1) of this subsection begins leave under § 32-502 or § 32-503 during the period that commences from more than 3 weeks and up to and including 5 weeks before the end of the academic term, the educational agency or school may require the employee to continue to take leave until the end of the term if:
(A) The leave is greater than 2 weeks in duration; and
(B) The return to employment would occur during the 2-week period before the end of the academic term.
(3) If the employee described in paragraph (1) of this subsection begins leave under § 32-502 or § 32-503 during the period that commences 3 weeks or less before the end of the academic term and the duration of the leave is greater than 5 working days, the educational agency or school may require the employee to continue to take leave until the end of the term.
(d) For purposes of a restoration of employment determination under § 32-505(d)(2), in the case of an educational agency or school, the determination shall be made on the basis of established school board or private school policies and practices and collective bargaining agreements.
(Oct. 3, 1990, D.C. Law 8-181, § 7, 37 DCR 5043.)
Prior Codifications
1981 Ed., § 36-1306.
2023 District of Columbia Code › Title 32 - Labor › Chapter 5 - Leave from Work › Subchapter I - Family and Medical Leave › § 32–507. Prohibited acts

§ 32–507. Prohibited acts.
(a) It shall be unlawful for any person to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided by this chapter.
(b) It shall be unlawful for an employer to discharge or discriminate in any manner against any person because the person:
(1) Opposes any practice made unlawful by this chapter;
(2) Pursuant or related to this chapter:
(A) Files or attempts to file a charge;
(B) Institutes or attempts to institute a proceeding; or
(C) Facilitates the institution of a proceeding; or
(3) Gives any information or testimony in connection with an inquiry or proceeding related to this chapter.
(Oct. 3, 1990, D.C. Law 8-181, § 8, 37 DCR 5043.)
Prior Codifications
1981 Ed., § 36-1307.
2023 District of Columbia Code › Title 32 - Labor › Chapter 5 - Leave from Work › Subchapter I - Family and Medical Leave › § 32–508. Investigative authority

§ 32–508. Investigative authority.
(a) An employer shall develop, maintain, and make available to the Mayor records regarding the employer’s activities related to this chapter that the Mayor may prescribe by rule.
(b) To ensure compliance with the provisions of this chapter, the Mayor, consistent with constitutional guidelines, may:
(1) Investigate and gather data regarding any wage, hour, condition, or practice of employment related to this chapter; and
(2) Enter or inspect any place of employment or record required by this chapter.
(c) For the purpose of any investigation provided for in this section, the Mayor may exercise the subpoena authority provided in § 1-301.21.
(Oct. 3, 1990, D.C. Law 8-181, § 9, 37 DCR 5043.)
Prior Codifications
1981 Ed., § 36-1308.
2023 District of Columbia Code › Title 32 - Labor › Chapter 5 - Leave from Work › Subchapter I - Family and Medical Leave › § 32–510. Enforcement by civil action

§ 32–510. Enforcement by civil action.
(a) Subject to the provisions in subsection (b) of this section, an employee or the Mayor may bring a civil action against any employer to enforce the provisions of this chapter in any court of competent jurisdiction.
(b) No civil action may be commenced more than 1 year after the occurrence or discovery of the alleged violation of this chapter; except, that this limitations period shall toll while a claim is pending administrative review under § 32-509(b).
(c) If a court determines that an employer violated any provision of this chapter, the damages provision prescribed in § 32-509(b)(6) and § 32-509(b)(7) shall apply.
(Oct. 3, 1990, D.C. Law 8-181, § 11, 37 DCR 5043; July 23, 1994, D.C. Law 10-143, § 2, 41 DCR 3059; Nov. 13, 2021, D.C. Law 24-45, § 4064(b), 68 DCR 010163.)
Prior Codifications
1981 Ed., § 36-1310.
Section References
This section is referenced in § 32-509.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 4064 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).
2023 District of Columbia Code › Title 32 - Labor › Chapter 5 - Leave from Work › Subchapter I - Family and Medical Leave › § 32–511. Notice

§ 32–511. Notice.
(a) The Mayor shall devise, and an employer shall post and maintain in a conspicuous place, a notice that sets forth excerpts from or summaries of the pertinent provisions of this chapter and information that pertains to the filing of a complaint under this chapter.
(b) Any employer who willfully violates this section shall be assessed a civil penalty not to exceed $100 for each day that employer fails to post the notice.
(Oct. 3, 1990, D.C. Law 8-181, § 12, 37 DCR 5043.)
Prior Codifications
1981 Ed., § 36-1311.
2023 District of Columbia Code › Title 32 - Labor › Chapter 5 - Leave from Work › Subchapter I - Family and Medical Leave › § 32–512. Effect on other laws

§ 32–512. Effect on other laws.
Nothing in this chapter shall supersede any provision of law that provides greater employee family or medical leave rights than the family or medical rights established under this chapter.
(Oct. 3, 1990, D.C. Law 8-181, § 13, 37 DCR 5043.)
Prior Codifications
1981 Ed., § 36-1312.
2023 District of Columbia Code › Title 32 - Labor › Chapter 5 - Leave from Work › Subchapter I - Family and Medical Leave › § 32–513. Effect on existing employment benefits

§ 32–513. Effect on existing employment benefits.
(a) Nothing in this chapter shall diminish an employer’s obligation to comply with any collective bargaining agreement or any employment benefit program or plan that provides greater family or medical leave rights to an employee than the family or medical leave rights provided under this chapter.
(b) The rights provided to an employee under this chapter may not be diminished by any collective bargaining agreement or any employment benefit program or plan, except that this chapter shall not supersede any clause on family or medical leave in any collective bargaining agreement in force on October 3, 1990, for the time that the collective bargaining agreement is in effect.
(c) The rights provided to an employee under this chapter may be suspended temporarily for an employee of a public safety agency if the employee is required by rules or regulations of the agency or by the provisions of a collective bargaining agreement to return to duty because of an emergency declared by the agency head or the Mayor.
(Oct. 3, 1990, D.C. Law 8-181, § 14, 37 DCR 5043.)
Prior Codifications
1981 Ed., § 36-1313.
2023 District of Columbia Code › Title 32 - Labor › Chapter 5 - Leave from Work › Subchapter I - Family and Medical Leave › § 32–514. Encouragement of more generous leave policies

§ 32–514. Encouragement of more generous leave policies.
Nothing in this chapter shall be construed to discourage an employer from the adoption or retention of a family and medical leave policy more generous than the family and medical leave required by this chapter.
(Oct. 3, 1990, D.C. Law 8-181, § 15, 37 DCR 5043.)
Prior Codifications
1981 Ed., § 36-1314.
2023 District of Columbia Code › Title 32 - Labor › Chapter 5 - Leave from Work › Subchapter I - Family and Medical Leave › § 32–515. Family and Medical Leave Commission established

§ 32–515. Family and Medical Leave Commission established.
Expired.
Prior Codifications
1981 Ed., § 36-1315.
Editor's Notes
Expiration of Family and Medical Leave Commission: Subsection (e) of former § 36-1315, which was derived from D.C. Law 8-181, § 16, provided that the Family and Medical Leave Commission “shall continue in existence for 5 years at which time the Commission shall terminate unless the Council determines that the Commission shall continue in existence or be reestablished.” The Family and Medical Leave Commission is deemed to have expired October 3, 1995.
2023 District of Columbia Code › Title 32 - Labor › Chapter 5 - Leave from Work › Subchapter I - Family and Medical Leave › § 32–516. Applicability

§ 32–516. Applicability.
The rights and responsibilities established by this chapter shall apply:
(1) During the 3-year period beginning 180 days from October 3, 1990, to any employer who employs 50 or more persons in the District; and
(2) After the 3-year period beginning 180 days from October 3, 1990, to any employer who employs 20 or more persons in the District.
(Oct. 3, 1990, D.C. Law 8-181, § 17, 37 DCR 5043.)
Prior Codifications
1981 Ed., § 36-1316.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 102(c) of COVID-19 Response Emergency Amendment Act of 2020 (D.C. Act 23-247, Mar. 17, 2020, 67 DCR 3093).
2023 District of Columbia Code › Title 32 - Labor › Chapter 5 - Leave from Work › Subchapter I - Family and Medical Leave › § 32–517. Rules

§ 32–517. Rules.
(a) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this chapter within 90 days from October 3, 1990. 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.
(b) The proposed rules shall include standards for:
(1) The definition of the term “family member”;
(2) The reasonable notice that an employee who seeks to take family or medical leave shall give to an employer; and
(3) The administrative enforcement procedure.
(Oct. 3, 1990, D.C. Law 8-181, § 18, 37 DCR 5043.)
Prior Codifications
1981 Ed., § 36-1317.
Editor's Notes
Family and Medical Leave Act Rulemaking Approval Resolution of 1991: Pursuant to Resolution 9-64, effective June 14, 1991, the Council approved proposed rules to implement the District of Columbia Family and Medical Leave Act of 1990.
2023 District of Columbia Code › Title 32 - Labor › Chapter 5 - Leave from Work › Subchapter II - Parental Leave › § 32–521.03. Effect of leave on employment benefits or seniority

§ 32–521.03. Effect of leave on employment benefits or seniority.
An employee who takes leave pursuant to § 32-1202 shall not lose any employment benefit or seniority accrued before or during the date of such leave.
(Aug. 17, 1994, D.C. Law 10-146, § 4, 41 DCR 4477.)
Prior Codifications
2001 Ed., § 32-1203.
1981 Ed., § 36-1603.
2023 District of Columbia Code › Title 32 - Labor › Chapter 5 - Leave from Work › Subchapter II - Parental Leave › § 32–521.05. Enforcement by civil action

§ 32–521.05. Enforcement by civil action.
(a) Subject to the provisions in subsection (b) of this section, an employee or the Mayor may bring a civil action against any employer to enforce the provisions of this subchapter in any court of competent jurisdiction.
(b) No civil action may be commenced more than 1 year after the occurrence or discovery of the alleged violation of this subchapter.
(c) If a court determines that an employer violated any provision of this subchapter, the damages provision prescribed in § 32-1204(b)(6) and (c) shall apply.
(Aug. 17, 1994, D.C. Law 10-146, § 6, 41 DCR 4477.)
Prior Codifications
2001 Ed., § 32-1205.
1981 Ed., § 36-1605.
Section References
This section is referenced in § 32-1204.
2023 District of Columbia Code › Title 32 - Labor › Chapter 5 - Leave from Work › Subchapter II - Parental Leave › § 32–521.06. Notice

§ 32–521.06. Notice.
(a) The Mayor shall devise and an employer shall post and maintain in a conspicuous place, a notice that sets forth excerpts from or summaries of the pertinent provisions of this subchapter and information that pertains to the filing of a complaint under this subchapter.
(b) Any employer who willfully violates this section shall be assessed a civil penalty not to exceed $100 for each day that employer fails to post the notice.
(Aug. 17, 1994, D.C. Law 10-146, § 7, 41 DCR 4477.)
Prior Codifications
2001 Ed., § 32-1206.
1981 Ed., § 36-1606.
2023 District of Columbia Code › Title 32 - Labor › Chapter 5 - Leave from Work › Subchapter III - Employee Sick Leave › § 32–531.03. Notification

§ 32–531.03. Notification.
Paid leave shall be provided upon the written request of an employee upon notice as provided in this section. The request shall include a reason for the absence involved and the expected duration of the paid leave. If the paid leave is foreseeable, the request shall be provided at least 10 days, or as early as possible, in advance of the paid leave. If the paid leave is unforeseeable, an oral request for paid leave shall be provided prior to the start of the work shift for which the paid leave is requested. In the case of an emergency, the employer shall be notified prior to the start of the next work shift or within 24 hours of the onset of the emergency, whichever occurs sooner.
(May 13, 2008, D.C. Law 17-152, § 4, 55 DCR 3452.)
Prior Codifications
2001 Ed., § 32-131.03.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2[(c-1)] of COVID Vaccination Leave Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-319, Feb. 3, 2022, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 2(c) of COVID Vaccination Leave Emergency Amendment Act of 2021 (D.C. Act 24-209, Nov. 5, 2021, 68 DCR 012355).
For temporary (90 days) amendment of this section, see § 105(a)(3) 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)(3) 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)(3) 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)(3) 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)(3) 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 § 2(c) of COVID Vaccination Leave Temporary Amendment Act of 2021 (D.C. Law 24-61, Feb. 18, 2022, 68 DCR 014074).
For temporary (225 days) amendment of this section, see § 105(a)(3) 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)(3) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).
2023 District of Columbia Code › Title 32 - Labor › Chapter 5 - Leave from Work › Subchapter III - Employee Sick Leave › § 32–531.05. Current paid leave policies

§ 32–531.05. Current paid leave policies.
(a) An employer with a paid leave policy providing paid leave options, such as a paid time-off program or universal leave policy, shall not be required to modify such policy if the policy offers an employee the option, at the employee’s discretion, to accrue and use leave under terms and conditions that are at least equivalent to the paid leave prescribed in this subchapter.
(b) The terms and conditions of an employer’s policy shall be presumed equivalent if they allow an employee to:
(1) Access and accrue paid leave at least at the same rate as or greater than the hours of paid leave provided in § 32-531.02(a)(1), (2), and (3); and
(2) Use the paid leave for the same purposes as those set forth in § 32-531.02(b), including unscheduled leave.
(May 13, 2008, D.C. Law 17-152, § 6, 55 DCR 3452; Oct. 8, 2016, D.C. Law 21-160, § 2092(a), 63 DCR 10775.)
Prior Codifications
2001 Ed., § 32-131.05.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 105(a)(5) 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)(5) 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)(5) 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)(5) 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)(5) 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)(5) 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)(5) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).
2023 District of Columbia Code › Title 32 - Labor › Chapter 5 - Leave from Work › Subchapter III - Employee Sick Leave › § 32–531.07. Encouragement of more generous paid leave policies

§ 32–531.07. Encouragement of more generous paid leave policies.
This subchapter shall not prevent an employer from the adoption or retention of a paid leave policy more generous than the one required by this subchapter.
(May 13, 2008, D.C. Law 17-152, § 8, 55 DCR 3452.)
Prior Codifications
2001 Ed., § 32-131.07.
2023 District of Columbia Code › Title 32 - Labor › Chapter 5 - Leave from Work › Subchapter III - Employee Sick Leave › § 32–531.10. Administration

§ 32–531.10. Administration.
This subchapter shall be administered by the Department of Employment Services.
(May 13, 2008, D.C. Law 17-152, § 11, 55 DCR 3452.)
Prior Codifications
2001 Ed., § 32-131.10.
2023 District of Columbia Code › Title 32 - Labor › Chapter 5 - Leave from Work › Subchapter III - Employee Sick Leave › § 32–531.11. Effect on other laws

§ 32–531.11. Effect on other laws.
This subchapter shall not:
(1) Supersede any provision of law or contract that provides greater employee paid leave rights than the rights established under this subchapter; or
(2) Modify or affect any federal or District law prohibiting discrimination on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, or political affiliation.
(May 13, 2008, D.C. Law 17-152, § 12, 55 DCR 3452.)
Prior Codifications
2001 Ed., § 32-131.11.