Hours of Work, Legal Holidays and Leave

Contents

1250 Annual Leave Bank—General

1250.1 Sections 1250 through 1258 of these rules are promulgated to implement the District of Columbia Government Annual Leave Bank Amendment Act of 1990 (D.C. Law 8-155; D.C. Official Code §§ 1-612.05 through 1-612.11).

1250.2 The annual leave bank program is applicable to all employees of the District of Columbia government who are entitled to accrue annual leave pursuant to D.C. Official Code § 1-612.03.

1251 Establishing and Operating Annual Leave Banks

1251.1 Each personnel authority shall:

(a) Develop written policies and procedures in accordance with these regulations to establish and administer an annual leave bank for employees under its jurisdiction for the purpose of accumulating annual leave donated by employees of that personnel authority for the use of leave bank members of that personnel authority who need such leave because of a medical emergency;

(b) Establish and begin operating an annual leave bank for employees under its jurisdiction;

(c) Review and approve or disapprove each employee application to become a leave donor under § 1252 and a leave recipient under § 1253; and inform the employee and the employee's agency of the approval or disapproval of the application;

(d) Monitor the status of each leave recipient's medical emergency;

(e) Maintain, on a leave year basis, the records required by § 1258 of these rules.

1251.2 Each agency of the personnel authority shall insure that the automated annual leave account balance of each employee who donates annual leave under the provisions of § 1252 of these rules is reduced by the number of annual leave hours donated to the annual leave bank and that the leave donor's time and attendance report also reflects the reduction.

1251.3 Each agency of the personnel authority shall insure that the automated annual leave account balance of each employee who is a leave recipient under the provisions of § 1253 of these rules is increased by the number of annual leave hours received from the annual leave bank and that the leave recipient's time and attendance report also reflects the receipt of annual leave bank hours.

1252 Application to Become a Leave Donor and Leave Bank Member

1252.1 An employee may make voluntary written application to the annual leave bank established by his or her personnel authority to become a leave donor at any time during the leave year subject to the limitations provided in § 1252.3. The application shall specify the number of hours of annual leave to be donated and any other information the personnel authority may deem necessary.

1252.2 The value of the leave donated by a leave donor shall be an amount equal to the donor's hourly rate of basic pay multiplied by the number of hours of annual leave donated.

1252.3 A leave donor may not donate more than a total of one-half (½) of the amount of annual leave that the leave donor would be entitled to accrue during the leave year in which the donation is made, except that a leave donor may donate restored annual leave without limitation.

1252.4 The total amount of annual leave to be donated by a leave donor must be available in the leave account of the leave donor at the time he or she makes application to donate such annual leave; and shall be deducted from the leave donor's leave account effective on the first full pay period following approval of the application by the personnel authority.

1252.5 Once donated, annual leave shall not be recredited to the leave donor.

1252.6 A leave donor shall become a leave bank member of the leave bank established by his or her personnel authority for any leave year in which he or she donates at least four (4) hours of annual leave to that leave bank.

1253 Application to Become a Leave Recipient

1253.1 A leave bank member may make written application to his or her personnel authority to become a leave recipient.

1253.2 If a leave bank member is not capable of making application on his or her own behalf, another employee of the personnel authority may make written application on the employee's behalf.

1253.3 An application to become a leave recipient shall be notarized.

1253.4 An application to become a leave recipient shall be accompanied by the following information concerning the potential leave recipient:

(a) The leave bank member's name, position title, grade and step;

(b) The reason(s) the leave is needed, including a brief description of the nature, severity, anticipated duration, and if it is a recurring medical emergency, the approximate frequency of the medical emergency;

(c) Certification from one or more physicians, or other appropriate experts, with respect to the medical emergency; and

(d) Any additional information that may be required by the personnel authority.

1253.5 Any expense incurred in obtaining the medical certification required by § 1253.4(c) shall be the responsibility of the potential leave recipient.

1254 Approval of Application to Become a Leave Recipient

1254.1 Each personnel authority shall review the applications to become a leave recipient under procedures developed by that personnel authority for the purpose of determining whether the employee is a leave bank member who is or has been affected by a medical emergency as defined in § 1299.

1254.2 Before approving an application to become a leave recipient, the personnel authority shall determine that:

(a) The request to become a leave recipient has been necessitated by a medical emergency;

(b) The absence from duty because of the medical emergency is, or is expected to be, at least ten (10) workdays;

(c) The potential leave recipient has previously donated a minimum of four (4) hours of annual leave to the annual leave bank in the leave year in which the employee submits the application to become a leave recipient;

(d) The potential leave recipient has made, and final agency action has been taken on, application(s) for the maximum amount of advanced leave, either sick leave or annual leave as appropriate, available to him or her; and

(e) The potential leave recipient does not possess paid leave, including compensatory time and personal leave, to cover the expected period of absence from work.

1254.3 In making a determination as to whether a medical emergency is likely to result in a substantial loss of income, the personnel authority shall not consider factors other than whether the absence from duty because of the medical emergency will be at least ten (10) workdays and, as a result of such absence the employee's pay on a biweekly basis will be reduced by more than fifty percent (50%) of his or her biweekly rate of basic pay.

1254.4 The fact that a potential leave recipient's application for advanced leave may have been denied shall not be the sole basis for denying an application to become a leave recipient.

1254.5 The personnel authority shall act upon applications to become a leave recipient in the order in which they are received.

1254.6 The personnel authority shall notify an applicant in writing within fifteen (15) workdays of receipt of the application of the action taken on his or her application. If the application is not approved, the notification shall include the reason(s) for the disapproval.

1255 Crediting Annual Leave Bank Hours

1255.1 Upon approval of an application to become a leave recipient, annual leave bank hours shall be credited to the leave recipient effective the first pay period during which the employee suffered a substantial loss of income.

1255.2 Annual leave bank hours shall not be used to liquidate any indebtedness for any period of advanced leave.

1255.3 Annual leave bank hours shall not be credited to a leave recipient in amounts greater than necessary to provide the employee, when combined with any accrued leave, his or her biweekly basic pay.

1255.4 The value of the annual leave received by a leave recipient from the annual leave bank shall be in an amount equal to the recipient's hourly rate of basic pay multiplied by the number of hours of annual leave received.

1255.5 When a withdrawal is approved, the personnel authority shall reduce its annual leave bank by the dollar value corresponding to the annual leave credited to the leave recipient.

1255.6 When there are insufficient funds in the annual leave bank to fulfill an applicant's request, the personnel authority may only approve an amount that does not cause the annual leave bank to exceed its available balance.

1255.7 When leave recipients cannot be granted the full amount of annual leave requested because of insufficient leave bank balances, and additional hours are donated at a later date, the personnel authority shall first reevaluate the request(s) of the leave recipient(s) who did not receive the full amount of annual leave requested prior to acting on subsequently received applications.

1255.8 Annual leave shall not be borrowed, contributed or otherwise transferred between the annual leave banks of the various District government personnel authorities nor between District government, Federal Government or any other leave banks.

1256 Use of Leave Withdrawn from a Leave Bank

1256.1 A leave recipient may use leave withdrawn from a leave bank only for the specific medical emergency for which the application to become a leave recipient was approved.

1256.2 A leave recipient shall continue to accrue annual leave and sick leave while using leave withdrawn from a leave bank.

1256.3 During each biweekly pay period a leave recipient is affected by a medical emergency, he or she shall use any accrued annual leave (and sick leave, if applicable) before using annual leave withdrawn from a leave bank.

1257 Termination of Medical Emergencies

1257.1 The medical emergency affecting a leave recipient shall terminate when:

(a) The leave recipient's employment is terminated; or

(b) The leave recipient is no longer affected by the medical emergency.

1257.2 Each personnel authority shall ensure that any annual leave withdrawn from the leave bank and not used before the termination of the leave recipient's medical emergency is returned to the leave bank.

1257.3 Annual leave that is returned to a leave bank shall be credited in an amount equal to the leave recipient's hourly rate of basic pay multiplied by the number of hours of annual leave not used.

1258 Records and Reports

1258.1 Each personnel authority shall maintain the following records on a leave year basis:

(a) The name, grade, step and scheduled rate of basic pay of each leave donor, the total number of hours of annual leave he or she donated to the leave bank and the corresponding dollar value of the leave donated;

(b) The number of applications approved and disapproved for medical emergencies affecting employees;

(c) The number of applications approved and disapproved for medical emergencies affecting an employee's family members; and

(d) The name, grade, step and scheduled rate of basic pay of each leave recipient, the total number of hours of annual leave he or she received from the leave bank and the corresponding dollar value of the leave received;

1258.2 Each personnel authority shall maintain for each leave year quarter, an accounting of the total hours and corresponding dollar value of employee annual leave donations to and withdrawals from the annual leave bank and report such accounting to the Director of Personnel within thirty (30) calendar days following the end of each leave year quarter.

1258.3 The Director of Personnel shall review and compile the accounting reports required by § 1258.2 and provide a written report to the Mayor within sixty (60) calendar days following the end of each leave year quarter.

1259 Excused Absence in Connection with Serving as a Bone Marrow or Organ Donor

1259.1 An employee of the District government is entitled to up to seven (7) workdays of excused absence in a calendar year, without loss or reduction in pay, leave, or credit for time of service, to serve as a bone marrow donor.

1259.2 An employee of the District government is entitled to up to thirty (30) workdays of excused absence in a calendar year, without loss or reduction in pay, leave, or credit for time of service, to serve as an organ donor.

1259.3 The workdays prescribed in §§ 1259.1 and 1259.2 shall be converted to hours.

1259.4 The provisions in §§ 1259.1 and 1259.2 shall only apply if the employee is a volunteer donor.

1259.5 Each personnel authority shall develop written procedures in accordance with this section.

1299 Definitions

1299.1 When used in this chapter, the following terms have the meaning ascribed:

Agency—has the meaning set forth in D.C. Official Code § 1-603.01(1).

Annual leave bank—a fund of accumulated annual leave donated by employees of a personnel authority for the use of leave bank members of that personnel authority who need such leave because of a medical emergency.

Biweekly rate of basic pay—the biweekly rate of pay fixed by appropriate authority, before deductions and exclusive of any premium pay, authorized for the grade of the position held by the employee.

Child—a person twenty-one (21) years of age, and also persons who, though twenty-one (21) years of age or older, are substantially dependent upon the eligible employee by reason of physical or mental disability, and persons up to twenty-three (23) years of age and a full-time student at an accredited college or university.

Employee—has the meaning provided in D.C. Official Code § 1-603.01(7), except that it shall mean only an employee who accrues annual leave as provided in D.C. Official Code § 1-612.03.

Excused absence—an absence from duty administratively authorized and approved without loss of pay and without charge to leave.

Family member—a person to whom the eligible employee is related by blood, legal custody, or marriage; a child who lives with an eligible employee and for whom the eligible employee assumes and discharges parental responsibility.

Hourly rate of basic pay—

(a) For employees paid on an annual basis, the employee's scheduled rate of pay divided by two thousand eighty (2080) hours; except that for uniformed members of the Fire Fighting Division of the Fire and Emergency Medical Services Department, the employee's scheduled rate of pay divided by the number of work hours contained in the work year; and

(b) For employees paid on an hourly basis, the hourly rate of pay contained on the salary schedule.

Leave bank member—an employee who donates at least four (4) hours of annual leave in a leave year to the annual leave bank established by his or her personnel authority.

Leave donor—an employee who donates annual leave to the annual leave bank established by his or her personnel authority.

Leave recipient—a leave bank member whose personnel authority has approved the member's application to receive annual leave from the annual leave bank.

Medical emergency—a medical condition of an employee or a member of an employee's family that is likely to require the employee's absence from duty for a prolonged period of time and to result in a substantial loss of income to the employee because of the unavailability of paid leave.

Personnel authority—an individual or entity authorized by D.C. Official Code § 1-604.06(b) to implement personnel rules and regulations for employees of an agency or group of agencies of the District of Columbia; or persons delegated that authority by that individual or entity.

Prolonged period of time—at least ten (10) consecutive workdays.

Substantial loss of income—pay which is more than fifty percent (50%) of the employee's biweekly rate of basic pay.