For purposes of this chapter, the term:

(1) “Employee” means any individual who has been employed by the same employer for 1 year without a break in service except for regular holiday, sick, or personal leave granted by the employer and has worked at least 1000 hours during the 12-month period immediately preceding the request for family or medical leave, except that during a period of time for which a public health emergency has been declared by the Mayor pursuant to section 5a of the District of Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 3-149; D.C. Official Code § 7-2304.01), the one-year employment requirement and 1,000-hour work requirement shall not apply to an employee who has been ordered or recommended to quarantine or isolate, by the Department of Health, any other District or federal agency, or a medical professional.

(2) “Employer” means any individual, firm, association, or corporation, any receiver or trustee of any individual firm, association, or corporation, or the legal representative of a deceased employer, including the District of Columbia (“District”) government, who uses the services of another individual for pay in the District.

(3) “Employment benefit” means any benefit, other than salary or wages, provided or made available to an employee by an employer, including, but not limited to, group life, health, and disability insurance, sick and annual leave, and educational and pension benefits, regardless of whether the benefit is provided by a policy or practice of an employer or by an employee welfare benefit plan as defined in title 1, subtitle A, section 3(3) of the Employee Retirement Income Security Act of 1974, effective September 2, 1974 (88 Stat. 833; 29 U.S.C. 1002(1)).

(4) “Family member” means:

(A) A person to whom the employee is related by blood, legal custody, or marriage;

(B) A child who lives with an employee and for whom the employee permanently assumes and discharges parental responsibility;

(C) A person with whom the employee shares or has shared, within the last year, a mutual residence and with whom the employee maintains a committed relationship; or

(D) A foster child.

(5) “Health care provider” means any person licensed under federal, state, or District law to provide health care services.

(6) “Public safety agency” means the Metropolitan Police Department of the District of Columbia, the Fire Department of the District of Columbia, or the Department of Corrections.

(7) “Mayor” means Mayor of the District of Columbia.

(8) “Reduced leave schedule” means leave scheduled for a fewer number of hours than an employee usually works during each workweek or workday.

(9) “Serious health condition” means a physical or mental illness, injury, or impairment that involves:

(A) Inpatient care in a hospital, hospice, or residential health care facility; or

(B) Continuing treatment or supervision at home by a health care provider or other competent individual.

(10) “Local educational agency” shall have the same meaning as the term has in section 1471(12) of the Elementary and Secondary Education Act of 1965, approved April 28, 1988 (102 Stat. 201; 20 U.S.C. 2891(12)) [omitted].

(Oct. 3, 1990, D.C. Law 8-181, § 2, 37 DCR 5043; Apr. 7, 2017, D.C. Law 21-264, § 202, 64 DCR 2121; Mar. 17, 2020, D.C. Act 23-247, § 102(a), 0 DCR 0.)

1981 Ed., § 36-1301.

This section is referenced in § 2-1411.03, § 32-131.01, and § 32-131.04.

Section 7034 of D.C. Law 22-33 repealed § 301 of D.C. Law 21-264. Therefore the changes made to this section by D.C. Law 21-264 have been given effect.

Applicability of D.C. Law 21-264: § 301 of D.C. Law 21-264 provided that the change made to this section by § 202 of D.C. Law 21-264 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

For temporary (90 days) repeal of § 301 of D.C. Law 21-264, see § 7034 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 301 of D.C. Law 21-264, see § 7034 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

The reference in (10) to “ 20 U.S.C. 2891(12)” is obsolete and should now read “ 20 U.S.C. 8801(18).”.

Delegation of authority pursuant to D.C. Law 8-181, the “D.C. Family and Medical Leave Act of 1990.”, see Mayor’s Order 91-38, March 14, 1991.

Delegation of Authority-The District of Columbia Family and Medical Leave Act of 1990, see Mayor’s Order 2009-45, March 31, 2009 ( 56 DCR 6783).