DC Personnel Regulations, Chapter 12
Hours of Work, Legal Holidays, and Leave
Contents
1201 STATUTORY AUTHORITY AND APPLICABILITY
1201.1 The statutory authority for this chapter is Title XII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-610.51 et seq.) (2006), as amended by section 95 of the Technical Amendments Act of 2006 (D.C. Law 16-191, 53 DCR 6794, August 18, 2006).
1201.2 The provisions in this chapter shall apply to all District government employees except the following:
(a) Employees in the Executive Service appointed under the authority of Title X-A of the CMPA (D.C. Official Code § 1-610.51 et seq.) (2006);
(b) Uniformed members of the Metropolitan Police Department and the Fire and Emergency Medical Services Department;
(c) Members of a board or commission whose pay is fixed under section 1108 of the CMPA (D.C. Official Code § 1 611.08) (2006); and
(d) Educational Service employees of the Board of Trustees of the University of the District of Columbia appointed under the authority of section 801 A of the CMPA (D.C. Official Code § 1 608.01a) (2006).
1201.3 The provisions of a collective bargaining agreement shall take precedence over the provisions of this chapter for those employees covered by such an agreement, to the extent that there is a difference.
1202 DELEGATION OF AUTHORITY
1202.1 Whenever in this chapter it is provided that a decision may be made or an action may be taken by “the Mayor,” an “agency head,” the “Director, D.C. Department of Human Resources,” a “personnel authority,” or “another designated official,” the authority to make such a decision or take such an action may be delegated to a designee, unless specifically indicated otherwise.
1203 ESTABLISHMENT OF WORK WEEKS
1203.1 An agency head shall establish the following with respect to each group of full-time employees to whom this chapter applies:
(a) A basic workweek of forty (40) hours that does not extend over more than six (6) of any seven (7) consecutive calendar days; and, except as provided in section 1203.2 of this section, the calendar days constituting the basic workweek and the number of hours of employment for each calendar day included within the basic workweek shall be specified; and
(b) A scheduled tour of duty that consists of the forty-hour (40-hour) basic work¬week established in accordance with section 1203.1 (a) of this section, plus any period of overtime work regularly required of each group of employees; and, except as provided in section 1203.2 of this section, for purposes of leave and overtime pay administration, the calendar days and number of hours a day of the periods included in the scheduled tour of duty that do not constitute a part of the basic workweek shall be specified.
1203.2 The scheduled tour of duty shall be the total number of regularly scheduled hours of duty a week, including standby time, and excluding time allowed for sleep and meals.
1203.3 An agency head may provide for the allowance of a specific number of hours out of each twenty-four (24) hours at the official duty station for sleep and meals; however, the time allowed for sleep and meals need not be specifically identified.
1203.4 An employee who works two (2) shifts that begin within the same twenty-four hour (24-hour) period in the basic workweek shall be paid for two (2) days of work at the regular basic pay rate – the first (1st) shift being counted as of the day on which it begins and the second (2nd) shift as of the day on which it ends.
1203.5 The occurrence of holidays shall not affect the designation of the basic workweek.
1204 ESTABLISHMENT OF SCHEDULED TOURS OF DUTY
1204.1 Agencies shall establish scheduled tours of duty consistent with the provisions of section 1204.2 of this section, except when the Mayor determines that an agency would be seriously handicapped in carrying out its functions, or that costs would be substantially increased, and mandates an alternative work schedule as provided in section 1209 of this chapter.
1204.2 The following provisions shall apply to the establishment of scheduled tours of duty:
(a) Assignments to tours of duty shall be scheduled in advance over periods of not less than one (1) week;
(b) Except when an alternative work schedule has been approved as provided in section 1209 of this chapter:
(1) The basic forty-hour (40-hour) workweek shall be scheduled on five (5) days, Monday through Friday when possible, and the two (2) days outside the basic workweek shall be consecutive;
(2) The working hours in each day in the basic workweek shall be the same; and
(3) The basic non-overtime workday shall not exceed eight (8) hours;
(c) The occurrence of holidays shall not affect the designation of the scheduled tour of duty;
(d) Breaks in non-work time totaling more than one (1) hour shall not be scheduled during the working hours of a basic workday, except when a flexible work schedule has been approved as provided in section 1208 of this chapter;
(e) A lunch period of thirty (30) minutes, which shall be in addition to the regularly scheduled duty hours, shall be provided, except for an employee required to remain at his or her official duty station so that the agency can provide twenty-four hour (24-hour) coverage, and who may be re¬quired to take lunch while at his or her official duty station;
(f) For a part-time employee, a scheduled tour of duty shall consist of the officially prescribed days and hours within the administrative workweek during which the employee is required to be on duty regularly;
(g) The work schedule of an employee who also serves as a member of a board or commission may be established to accommodate attendance at official meetings; and
(h) Agencies shall make every reasonable effort to schedule tours of duty of an employee who is a member of a reserve component of the U.S. Armed Forces, as defined in section 1262.1 of this chapter, to avoid any conflict with his or her attendance at evening or weekend drills.
1204.3 An agency may require an employee to work overtime hours in addition to his or her scheduled tour of duty.
1205 VARIATIONS IN WORK SCHEDULES FOR EDUCATIONAL PURPOSES
1205.1 This section applies to training, whether or not it is provided in accordance with Chapter 13 of these regulations.
1205.2 Notwithstanding the provisions of section 1203.1 of this chapter, an agency head may authorize an employee to work a tour of duty of not less than forty (40) hours in order to permit the employee to take one (1) or more courses in a college, university, or other educational institution when all of the following conditions are met:
(a) The tour of duty will not appreciably interfere with the accomplishment of the work required to be performed;
(b) The agency’s cost is not substantially increased by allowing the employee to take the course or courses; and
(c) Completion of the course or courses is related to the employee’s position, and would equip the employee for more effective work in the District government.
1205.3 Employees who have been granted a variation in the tour of duty for educational purposes shall not be entitled to premium pay where the variation in tour of duty has resulted in the employee’s tour of duty occurring at a time of day for which premium pay would otherwise be payable.
1205.4 In every case where an employee has been granted a change in their tour of duty for educational purposes, the employee shall be required to sign a statement acknowledging the conditions of the change in tour including the forfeiture of premium pay in accordance with the conditions set forth in 1205.3 of this section.
1205.5 A tour of duty for educational purposes may not be established if it would cause a supervisor to become entitled to premium pay because the supervisor's schedule must be changed so as to provide supervision of the employee.
1205.6 A variation in an employee’s change in tour of duty for educational reasons may be rescinded by the agency head whenever the variation has resulted in the employee’s failure to accomplish the work in the office or for other reasons within the discretion of the agency head.
1205.7 Whenever an agency determines that the variation of the tour of duty is to be rescinded, the employee shall be given where practicable at least one week’s notice of the rescission.
1205.8 The variation in tour of duty for educational purposes shall be rescinded at the completion of the training program and upon notice by the employee that the course or training has been completed. The employee shall return to the tour of duty that existed prior to receiving the educational variation unless such tour has been changed by the employee’s supervisor.
1205.9 Failure of an employee to inform the supervisor of the completion of or discontinuation of the training or course so that the regularly established tour can be re-established shall result in the forfeiture of the employee’s opportunity to receive future variations and where appropriate will result in disciplinary action.
1206 VARIATIONS IN WORK SCHEDULES FOR RELIGIOUS OBSERVANCES
1206.1 Pursuant to section 701 (b) through (f) of the CMPA (D.C. Official Code § 1-607.01 (b) through (f)) (2006), and notwithstanding the provisions of section 1203.1 of this chapter, and to the extent that a variation in a work schedule does not result in a substantial disruption of District government business, an employee whose personal reli¬gious beliefs require that he or she abstain from working at certain times of the workday or workweek shall be entitled to reasonable accommodation for the free exercise of religion.
1206.2 The accommodation to be provided may include an adjustment in the work schedule when the employee elects to make up the time off rather than to charge the time off to leave.
1206.3 If the need to take the time off for religious reasons is foreseeable, the employee shall request an adjustment of his or her work schedule as provided in section 1206.2 of this section and obtain supervisory approval of the adjustment at least ten (10) days before taking time off from work.
1206.4 A request to adjust the employee’s work schedule may be disapproved if it is demonstrated that the adjustment would clearly interfere with the efficient conduct of the activities of the employing agency.
1206.5 Nothing in this section shall be construed to totally exempt an employee from being required to work rotating shifts including working on weekends as a result of religious preferences.
1206.6 Nothing in this section shall be construed to limit the use of other forms of leave authorized by this chapter.
1206.7 Each personnel authority shall provide written notice to an employee, at the time that the employee accepts employment that he or she may receive the religious accommodation described in section 1206.1 of this section.
1207 TRAVEL ON OFFICIAL TIME
1207.1 Insofar as practicable, travel during non-duty hours shall not be required of an employee.
1207.2 When an employee is required to travel outside of his or her regularly scheduled administrative workweek, the employee is to be given overtime compensation in accordance with the conditions for determining “hours of employment” in section 1207.3 of this section.
1207.3 In determining “hours of employment” for purposes of entitlement to overtime compen¬sation, time spent in travel status away from an employee’s official duty station shall be deemed to be “hours of employment” only when any one (1) or more of the following is true:
(a) The travel takes place within the days and hours of the employee’s scheduled tour of duty, including regular overtime work; or
(b) If the hours are outside of the employee’s regularly scheduled administrative workweek, is ordered or approved, and meets any of the following conditions:
(1) The travel involves the performance of work while traveling;
(2) The travel is incidental to travel that involves performance of actual work while traveling;
(3) The travel is carried out under such arduous and unusual conditions which make the travel inseparable from work; or
(4) The travel results from an event that could not be scheduled or controlled administratively.
1208 FLEXIBLE WORK SCHEDULE
1208.1 Pursuant to section 1201 (e) of the CMPA (D.C. Official Code § 1 612.01 (e)) (2006), a flexible work schedule may be established by an agency for one (1) or more employees when such work schedule is considered both practicable and feasible in terms of employee morale, increased productivity, and improved service to the public.
1208.2 A flexible work schedule may be established by an agency only if agency management determines that the schedule will not have an adverse impact on public service, and that costs will not increase substantially.
1208.3 Employee participation in a flexible work schedule shall be voluntary. A flexible work schedule, if established, must be offered on an equal basis to all employees of the agency, or the subordinate component of the agency involved. However, an agency head may determine that the work of certain subordinate components of the agency is not conducive to flexible work schedules and may restrict the ability to work flexible work schedules to certain components of the agency.
1208.4 The decision of the agency head with respect to limiting the subordinate components within the agency to flexible work schedules is final and not appealable.
1208.5 The basic requirements for establishing a flexible work schedule shall be as follows:
(a) The designation of core time during which all employees are required to be present, except for authorized lunch periods;
(b) The designation of flexible time periods during which the employee has the option of selecting and varying his or her starting and quitting time within established limits, but such flexible time periods may not commence prior to 6:00 a.m., nor end after 6:00 p.m.;
(c) The maintenance of accurate time and attendance controls to ensure that each employee works or otherwise accounts for eight (8) hours per day, five (5) days per week; and
(d) Prior approval by the appropriate personnel authority.
1208.6 A flexible work schedule shall not be combined with an alternative work schedule under section 1209 of this chapter, a compressed work schedule under section 1210 of this chapter, or telecommuting under section 1211 of this chapter.
1209 ALTERNATIVE WORK SCHEDULE
1209.1 An alternative work schedule may be mandated by the Mayor as provided in section 1204.1 of this chapter, or established by an agency as provided in this section.
1209.2 Pursuant to section 1201 (e) of the CMPA (D.C. Official Code § 1 612.01 (e)) (2006), an alternative work schedule may be established by an agency for one (1) or more employ¬ees when such work schedule is considered practicable and feasible.
1209.3 An alternative work schedule may be established by an agency only if costs are not substantially increased.
1209.4 Except in the case of an alternative work schedule mandated by the Mayor under section 1209.1 of this section, employee participation in alternative work scheduling shall be volun¬tary. An alternative work schedule, if established, must be offered on an equal basis to all em¬ployees of the agency, or to all employees of the subordinate component of the agency involved, as applicable. However, an agency head may determine that the work of certain subordinate components of the agency is not conducive to an alternative work schedule and may restrict the ability to work alternative work schedules to certain components of the agency.
1209.5 The decision of the agency head with respect to limiting the subordinate components within the agency to alternative work schedules is final and not appealable
1209.6 The basic requirements for establishing an alternative work schedule shall be as follows:
(a) The basic forty-hour (40-hour) workweek may be scheduled on fewer than five (5) days;
(b) The working hours in each day of the basic workweek need not be the same; and
(c) The basic non-overtime workday may exceed eight (8) hours.
1209.7 An alternative work schedule shall not be combined with a flexible work schedule under section 1208 of this chapter, a compressed work schedule under section 1210 of this chapter, or telecommuting under section 1211 of this chapter.
1210 COMPRESSED WORK SCHEDULE
1210.1 Pursuant to D.C. Official Code § 1-510 (2006), section 7 of the Fair Labor Standards Act of 1938 (FLSA), as amended, (29 U.S.C. § 207) shall not apply to the hours of work of a District government employee that constitute a compressed work schedule.
1210.2 A compressed work schedule shall be the number of hours, ex¬cluding overtime hours, an employee is required to work or account for in a biweekly pay period that enable the employee to complete an eighty-hour (80-hour) work schedule in fewer than ten (10) workdays.
1210.3 The tour of duty for each employee under a compressed work schedule program shall be defined by a fixed schedule established by the agency.
1210.4 The established work schedule of an employee working a compressed work schedule may not exceed ten (10) hours for any workday.
1210.5 A compressed work schedule shall not be combined with a flexible work schedule under section 1208 of this chapter, an alternative work schedule under section 1209 of this chapter, or telecommuting under section 1211 of this chapter.
1211 TELECOMMUTING
1211.1 Telecommuting is an arrangement in which an employee regularly performs officially assigned duties at home or other work sites geographically convenient to the residence of the employee.
1211.2 Based on the needs of the organization, and to the maximum extent possible without diminishing employee performance, each agency is authorized to establish telecommuting for eligible employees of the agency.
1211.3 Telecommuting shall be part of a scheduled tour of duty and subject to a written agreement.
1211.4 Requests to engage in telecommuting must be signed by the employee, the employees supervisor and certify that the conditions set forth in 1211.7 apply to this employee.
1211.5 Unless otherwise approved by the personnel authority, telecommuting shall be limited to not more than two (2) days per workweek.
1211.6 Positions best suited for telecommuting are those that:
(a) Have job tasks that are quantifiable, primarily project or case-work oriented, telephone intensive, or computer-oriented; or have work activities that can be accommodated working away from the current work location with equal efficiency as being performed at the official work site;
(b) Do not require daily unscheduled face-to-face contact with other employees, supervisors, or the public in the current work location; and
(c) Allow meetings to be scheduled without inconveniencing or impairing the performance of co-workers.
1211.7 Telecommuting shall not be combined with a flexible work schedule under section 1208 of this chapter, an alternative work schedule under section 1209 of this chapter, or compressed work schedule under section 1210 of this chapter.
1211.8 Authorization to engage in telecommuting may be rescinded by the agency head whenever it is determined that the employee has failed to accomplish the work as proscribed, and for other reasons within the discretion of the agency head.
1211.9 Whenever an agency determines that the approval for telecommuting is to be rescinded, the employee shall be given, where practicable, at least one week’s notice of the rescission.
1211.10 Upon the termination of the telecommuting approval, the employee shall return to the tour of duty that existed prior to receiving approval to engage in telecommuting, unless the tour of duty has been changed by the employee’s supervisor in accordance with applicable rules.
1211.11 Failure of an employee to return to his or her regular tour of duty upon the rescission of the authorization to engage in telecommuting, shall result in the forfeiture of the employee’s opportunity to receive engage in telecommuting in the future and where appropriate will result in disciplinary action.
1212 REST PERIODS
1212.1 At the discretion of an agency head, a rest period of fifteen (15) minutes during each four-hour (4 hour) period of work may be authorized for an individual employee or small groups of employees whenever such rest period would accomplish one (1) or more of the following:
(a) Protect employees’ health by providing relief from hazardous work or work that requires continuous or considerable physical exertion;
(b) Reduce accident rates by removing the potential for fatigue;
(c) Provide relief from work that is performed in confined spaces where normal personal activities are restricted; or
(d) Increase or maintain high quality and quantity work product.
1213 CHANGES IN SCHEDULED TOURS OF DUTY
1213.1 Scheduled tours of duty in effect when these regulations become effective shall remain in effect until action is taken in accordance with these regulations to implement a change.
1214 THRU 1219 – RESERVED
1220 LEGAL PUBLIC HOLIDAYS
1220.1 Pursuant to section 1202 (a) of the CMPA (D.C. Official Code § 1 612.02 (a)) (2006), as amended by section 95 of the Technical Amendments Act of 2006, effective March 2, 2007 (D.C. Law 16-191; 53 DCR 6794, August 18, 2006), the following days are legal public holidays for District government employees covered by this chapter:
(a) New Year’s Day, January 1;
(b) Dr. Martin Luther King, Jr.’s Birthday, the third (3rd) Monday in January;
(c) Washington’s Birthday, the third (3rd) Monday in February;
(d) District of Columbia Emancipation Day, April 16;
(e) Memorial Day, the last Monday in May;
(f) Independence Day, July 4;
(g) Labor Day, the first (1st) Monday in September;
(h) Columbus Day, the second (2nd) Monday in October;
(i) Veterans Day, November 11;
(j) Thanksgiving Day, the fourth (4th) Thursday in November; and
(k) Christmas Day, December 25.
1220.2 Pursuant to section 1202 (c)(1)of the CMPA (D.C. Official Code § 1 612.02 (c)1)) (2006), January 20 of each year following the year in which a Presidential election is held, Inauguration Day, shall be a legal public holiday for all employees scheduled to work on that day. When January 20 of any such year falls on a Sunday, the next succeeding day selected for the public observance of the inauguration of the President shall be a legal public holiday for all employees scheduled to work on that day.
1220.3 The rules for determining holidays contained in section 1222 of this chapter shall not apply to Inauguration Day.
1220.4 In addition to the legal public holidays set forth in sections 1220.1 and 1220.2 of this section, the Mayor may designate other days or portions of a day as legal public holidays.
1220.5 There shall be no official observance of religious holidays except those that are also legal public holidays.
1220.6 An employee whose personal religious beliefs require him or her to abstain from working during certain periods of time shall be entitled to reasonable accommodation as provided in section 1206 of this chapter or, at his or her request, may be granted annual leave, compensatory time, or leave without pay, as appropriate.
1221 ENTITLEMENT TO HOLIDAYS
1221.1 Each full-time employee, and each part-time employee with a scheduled tour of duty, except student employees paid by stipend, shall be entitled to holidays as provided in section 1222 of this chapter.
1222 DETERMINING HOLIDAYS
1222.1 Pursuant to section 1202 (b) of the CMPA (D.C. Official Code § 1 612.02 (b)) (2006), in-lieu-of holidays shall be determined as follows for purposes of pay and leave:
(a) Whenever a legal public holiday falls on a workday in the basic workweek of Monday through Friday, that workday shall be the holiday;
(b) Whenever a legal public holiday falls on a nonworkday of a basic workweek of Monday through Friday, the holiday shall be the Monday immediately following a legal public holiday occurring on Sunday, or the Friday immediately preceding a legal public holiday occurring on a Saturday;
(c) When a legal public holiday falls on a nonworkday in a workweek that is other than Monday through Friday, the holiday shall be determined as follows:
(1) If the legal public holiday falls on the first or only nonworkday of the administrative workweek, the holiday shall be the day before the legal public holiday; and
(2) If the legal public holiday falls on the second or subsequent nonworkday of the administrative workweek, the holiday shall be the first scheduled workday following the legal public holiday.
(d) For a part-time employee, whenever a legal public holiday falls on a workday within the employee’s scheduled tour of duty, that shall be the holiday;
(e) For a part-time employee, whenever a legal public holiday falls on a nonworkday for that employee, he or she shall not be entitled to a holiday;
(f) When a legal public holiday falls on an employee’s workday that covers two (2) calendar days, he or she shall be excused from work on the entire workday that begins on the calendar day of the legal public holiday; and
(g) An employee who has two (2) regular tours of duty, both beginning on a holiday, shall be excused from work on the first tour of duty that begins on the holiday.
1222.2 The Director, D.C. Department of Human Resources, shall issue a holiday schedule annually. Nothing contained in this section shall be construed to alter any holiday sched¬ule or “in-lieu-of” schedule issued by the Director, D.C. Department of Human Resources, prior to the effective date of these regulations.
1223 EFFECT OF HOLIDAYS
1223.1 The occurrence of a legal public holiday shall not affect the designation of the basic workweek.
1223.2 An employee who is excused from duty on a holiday shall be entitled to the same pay for that day as for a day on which an ordinary day’s work is performed.
1223.3 An agency head may, within his or her discretion, include a holiday within the hours of duty or regular workweek of employees and require them to work on that day.
1223.4 An employee who is required to work on a holiday as specified in section 1223.3 of this section, but whose absence is approved by the agency, shall be charged sick leave, annual leave, or leave without pay, as appropriate.
1223.5 An employee who is required to work on a holiday as specified in section 1223.3 of this section, but who is inexcusably absent or refuses to work on a holiday, shall be charged with absence without leave (AWOL) for that period of absence.
1223.6 An employee under an alternative work schedule under section 1209 of this chapter, or a compressed work schedule under section 1210 of this chapter who performs work on a holiday shall be entitled to holiday premium pay as provided in section 1131 of Chapter 11 of these regulations.
1223.7 Except as provided in section 1223.8 of this section, an employee who is not required to work on a holiday shall not be charged annual leave, compensatory time, sick leave, or LWOP for that day. An employee on annual leave, sick leave, or compensatory time for a period that includes a holiday shall not be charged annual leave, sick leave, or compensatory time for that day.
1223.8 An employee in a nonpay status the last day of a regular tour of duty immediately prior to a holiday and the first day of a regular tour of duty immediately after the holiday shall not be entitled to have his or her nonpay status changed to a pay status for that holiday unless the employee works on that holiday.
1224 LEGAL PRIVATE HOLIDAY
1224.1 Pursuant to section 1202a of the CMPA (D.C. Official Code § 1 612.02a) (2006), a legal private holiday is a day on which any paid leave or unpaid leave provided by this chapter may be granted.
1225 THRU 1226 – RESERVED
1227 GENERAL PROVISIONS FOR ANNUAL AND SICK LEAVE
1227.1 As provided in section 1203 (a) of the CMPA (D.C. Official Code § 1 612.03 (a)) (2006), an employee shall be entitled to earn both annual and sick leave as provided herein, except for the following:
(a) An employee who does not have a scheduled tour of duty;
(b) An elected official; or
(c) A temporary employee appointed for less than ninety (90) days.
1227.2 The days of annual and sick leave provided by this chapter shall be days on which an employee would otherwise work and receive pay, but shall exclude holidays and nonworkdays established by statute or administrative order.
1227.3 Other than for the liquidation of advanced sick leave indebtedness as provided in section 1230.4 of this chapter, the retroactive substitution of annual leave, compensatory time, or leave without pay for sick leave shall not be authorized.
1228 ENTITLEMENT TO ACCRUE ANNUAL AND SICK LEAVE
1228.1 A full-time employee:
(a) May accrue leave only when employed for a full workweek; and
(b) Shall be deemed employed for a full workweek if he or she is employed during the days within that week, exclusive of holidays and non¬workdays established by statute or administrative order, that fall within that workweek.
1228.2 A full-time employee who initially enters on duty on the first (1st) workday of a biweekly pay period shall accrue the full amount of leave to which he or she would be entitled for that biweekly pay period.
1228.3 A full-time employee who initially enters on duty after the first (1st) workday of a biweekly pay period, but not later than the first (1st) workday of the second (2nd) week of a biweekly pay period, shall accrue one-half (½) of the leave to which he or she would have been entitled for a full biweekly pay period.
1228.4 A full-time employee who initially enters on duty after the first (1st) workday of the second week of a biweekly pay period shall not be entitled to accrue leave for that biweekly pay period.
1228.5 A full-time employee who separates after the close of business on the last workday of a biweekly pay period shall accrue the full amount of leave to which he or she would be entitled for that biweekly pay period.
1228.6 A full-time employee who separates after the completion of one (1) workweek in a biweekly pay period, but prior to the close of business on the last day of a biweekly pay period, shall accrue one-half (½) of the leave to which he or she would have been entitled for a full biweekly pay period.
1228.7 A full-time employee who separates prior to the completion of the first week in a biweekly pay period shall not be entitled to accrue leave for that biweekly pay period.
1228.8 A full-time employee paid on other than a biweekly pay period basis earns leave on a pro-rata basis for a full pay period.
1228.9 Except as provided in section 1228.10 of this section, a full-time employee shall earn leave during each full biweekly pay period while in a pay status or in a combination of pay status and nonpay status.
1228.10 Whenever the number of hours of nonpay status accrued by a full-time employee during a leave year equals the number of base pay hours eighty (80) in a biweekly pay period, the employ¬ee’s accrued leave shall immediately be reduced by the amount of annual and sick leave accruals the employee earns during one (1) biweekly pay period.
1228.11 For the purpose of determining reduction of leave credits under this section when a full-time employee has one (1) or more breaks in service during the leave year, the agency shall include all hours in a nonpay status for each period of service during the leave year in which the leave accrued.
1228.12 When a reduction in leave credits results in a debit to a full-time employee’s leave account at the end of a leave year, the debit shall be carried forward as a charge against the leave to be earned by the employee in the next leave year, unless the employee and the agency agree to a repayment as provided in section 1230.4 of this chapter.
1228.13 A part-time employee, unless otherwise excluded, shall be entitled to accrue annual and sick leave on a pro-rata basis.
1228.14 Hours in a pay status for which the employee would be entitled to overtime pay shall be disregarded in computing the leave earnings of a part-time employee.
1228.15 A part-time employee must serve under an established tour of duty for each of the two (2) administrative workweeks in each biweekly pay period in order to accrue leave.
1228.16 A part-time employee who completes a full biweekly pay period may carry over, from one pay period to the next, those hours of service in a pay status that do not equal the number necessary for a minimum leave accrual of one (1) hour, until sufficient service is rendered to total the hourly accrual; but if the employee changes to full-time employment status and has insufficient service credit to earn the minimum of one (1) hour, the fractional hours of service shall be lost because of the change from part-time to full-time status.
1229 ANNUAL LEAVE, SICK LEAVE, LEAVE WITHOUT PAY, AND ABSENCE WITHOUT LEAVE—GENERAL
1229.1 The minimum charge for annual leave, sick leave, leave without pay, and absence without leave shall be one (1) hour, and additional charges shall be in multiples thereof.
1229.2 Scheduled leave (annual, sick, or leave without pay) shall be leave that is requested, approved, and scheduled prior to the end of the workday immediately preceding the day of such leave.
1230 REPAYMENT OF ADVANCED ANNUAL OR ADVANCED SICK LEAVE
1230.1 Except as provided in section 1230.2 of this section, when an employee who is indebted for advanced leave is separated, the agency shall either:
(a) Require a repayment in the amount paid to the employee for the period covering the leave for which indebted; or
(b) Deduct that amount from any lump-sum leave payment, accrued wages, severance pay, other compensation, or any combination thereof, due the employee.
1230.2 Repayment of advanced leave shall be forgiven when an employee:
(a) Dies;
(b) Retires for disability under the authority of Title XXIII of the CMPA (D.C. Official Code § 1-623.01 et seq.) (2006);
(c) Resigns or is separated because of disability that prevents him or her from returning to duty or continuing in the service and is the basis of the separation as
determined by the agency on acceptable medical evidence that is the kind of medical evidence customarily relied on to support such claims; or
(d) Enters on active military duty with restoration rights under 38 U.S.C. §§ 2121 or 2024.
1230.3 Any indebtedness for advanced leave remaining after application of the provisions of section 1230.1 of this section shall be a debt owed to the District government.
1230.4 Advanced sick leave may be liquidated by subsequently earned sick leave, by a charge against annual leave, or by a repayment upon separation in accordance with section 1230.1 of this section.
1230.5 An employee may, with the consent of his or her employing agency, agree to repay the agency in cash, either by lump-sum payment or by payment schedule to be completed within twenty-four (24) months of the first (1st) payment, for advanced annual or sick leave. The amount of the repayment shall be calculated at the pay rate that is in effect at the time of the repayment.
1230.6 An employee shall be deemed to have been in a pay status for the period covered by a cash payment pursuant to section 1230.4 of this section.
1230.7 If an employee is subsequently reemployed, the leave “forgiven” under section 1230.2 of this section shall not be chargeable against subsequently earned leave.
1230.8 If an employee is subsequently reemployed and had advanced leave when previously separated that was not recovered under sections 1230.1 or 1230.3 of this section, such un-recovered advanced leave shall be charged against subsequently earned leave.
1231 TRANSFER AND RE-CREDIT OF ANNUAL AND SICK LEAVE
1231.1 When an employee subject to this chapter transfers between agencies, the Office of the Chief Financial Officer shall certify the employee’s annual and sick leave accounts to the employing agency for credit or charge.
1231.2 Pursuant to section 1203 (k) of the CMPA (D.C. Official Code § 1 612.03 (k)) (2006), a federal government employee who is hired or appointed by the District government without a break in service of more than one (1) workday, and who did not receive a lump-sum payment for annual leave upon separation from the federal service, shall be credited with the annual leave balance to his or her account at the time of separation from the federal service.
1231.3 An employee who has received a lump-sum payment for annual leave upon separation from the federal service shall be credited with a zero (0) annual leave balance upon entry into District government service.
1231.4 Pursuant to section 1203 (k) of the CMPA (D.C. Official Code § 1 612.03 (k)) (2006), a federal government employee who is hired or appointed by the District government without a break in service shall be credited with the sick leave balance to his or her account at the time of separation from the federal service.
1231.5 Except as provided in section 1231.7 of this section, the annual and sick leave to the credit of an employee who transfers between agencies of the District government under different leave sys¬tems without a break in service shall be transferred to his or her credit in the employing agency on the same adjusted basis as provided in section 1231.6 of this section.
1231.6 Except as provided in section 1231.7 of this section, when annual leave or sick leave is credited from a leave system that accrues leave on a basis other than that prescribed by sections 1233.1 or 1233.2 of this chapter, an employee to whom this section applies shall be credited with five (5) hours of leave for each seven (7) hours of leave accumulated under the leave system from which credited, with fractional parts of an hour being rounded up to the next whole hour.
1231.7 Annual and sick leave to the credit of a uniformed member of the Firefighting Division of the Fire and Emergency Medical Services Department who transfers to another agency of the District government, or to a non-uniformed division of the Fire and Emergency Medical Services Department, shall be adjusted by dividing both the annual leave and the sick leave by one and two-tenths (1.2), with the results rounded up to the next whole hour.
1231.8 The employing agency shall have the primary responsibility for determining whether an employee is entitled to be credited with leave purportedly standing to an employee’s credit when the employee’s transfer or reemployment involves different leave systems and a re-credit is otherwise appropriate.
1231.9 Pursuant to section 1203 (i) of the CMPA (D.C. Official Code § 1 612.03 (i)) (2006), an individual who received a lump-sum payment for annual leave upon separation from District government service, and who is reemployed by the District government prior to the end of the period covered by the lump-sum payment, shall repay the District government an amount equal to the lump-sum payment for the time between the date of reemployment and the end of the period covered by the lump-sum payment, and shall be recredited with annual leave for that period.
1231.10 When an employee is reemployed in a position under a different leave system prior to the expiration of the period for which the lump-sum leave payment has been made and the unexpired period of leave covers a larger amount of leave than can be transferred to the different leave system, the employee shall be required only to make a repayment covering the amount of re-creditable annual leave.
1231.11 No repayment shall be required when an employee is reemployed under circumstances where he or she is not entitled to accrue leave.
1231.12 An employee subject to this chapter who transfers to a position under the District of Columbia Teachers’ Leave Act shall be entitled to a lump-sum payment for unused annual leave.
1231.13 When an employee transfers to a position under a different leave system to which only a part of the employee’s sick leave can be transferred, then so much of the employee’s sick leave as was not transferred to the new leave system shall be recredited should the employee return to the leave system under which it was earned prior to the expiration of three (3) years.
1231.14 An employee who separates from District government service other than by retirement, shall have his or her sick leave account recredited, either on an hour-for-hour basis, or on an adjusted basis as provided in sections 1231.6 or 1231.7 of this section, as appropriate, if reemployed without a break in service of three (3) years or more.
1231.15 If official records specifying the amount of leave to be credited or recred¬ited are not available, an estimate of the employee’s leave account shall be acceptable when accompan¬ied by an official statement that contains the basis for the estimate.
1231.16 An employee who earned leave under a statute previously in force shall be entitled to re-credit of that leave under that authority, if he or she is entitled to re-credit for it, on reentering the leave system under which it was earned; however, leave already forfeited shall not be revived.
1231.17 Pursuant to section 2343 of the CMPA (D.C. Official Code § 1 623.43 (2006)), an employee who has used annual leave or sick leave as a result of an injury or illness, and whose injury or illness is later determined, as provided in Chapter 23 of these regula¬tions, to be job-related, shall be entitled to repurchase so much of that annual leave, or sick leave, or both, as he or she shall desire, at the hourly rate in effect at the time it was used, and shall have that amount of annual leave, sick leave, or both recredited.
1231.18 There shall be no limitation on the amount of either annual leave or sick leave that can be repurchased under section 1231.17 of this section, but any annual leave repurchased shall be subject to the forfeiture provisions of section 1239 of this chapter, and may be considered to have been administrative error for purposes of restoration under section 1239 of this chapter.
1232 ACCRUAL OF ANNUAL LEAVE
1232.1 A full-time employee to whom this chapter applies shall earn annual leave as follows:
(a) An employee with less than three (3) years of service shall earn four (4) hours for each full biweekly pay period;
(b) An employee with three (3) but less than fifteen (15) years of service shall earn six (6) hours for each full biweekly pay period, except that the accrual for the last full bi-weekly pay period in the leave year shall be ten (10) hours; and
(c) An employee with fifteen (15) or more years of service shall earn eight (8) hours for each full biweekly pay period.
1232.2 Except as provided in section 1232.5 of this section, a part-time employee for whom there has been established in advance a regular tour of duty on one (1) or more days during each administrative workweek shall earn annual leave as follows:
(a) An employee with fewer than three (3) years of service shall earn one (1) hour of annual leave for each twenty (20) hours in a pay status;
(b) An employee with three (3) but fewer than fifteen (15) years of service shall earn one (1) hour of annual leave for each thirteen (13) hours in a pay status; and
(c) An employee with fifteen (15) years or more of service shall earn one (1) hour of annual leave for each ten (10) hours in a pay status.
1232.3 A change in the rate of accrual of annual leave shall take effect at the beginning of the pay period after the pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, in which the employee completed the prescribed period of service.
1232.4 When a full-time employee changes from the six-hour (6 hour) annual leave-earning category to the eight-hour (8 hour) category at the beginning of the last full biweekly pay period in the calendar year, his or her leave credit for that pay period shall not exceed eight (8) hours.
1232.5 A part-time employee entitled to earn annual leave shall not earn annual leave for any hours worked for which he or she is entitled to overtime compensation under Chapter 11 of these regulations.
1233 ANNUAL LEAVE—DETERMINING CREDITABLE SERVICE
1233.1 In determining years of creditable service, an employee shall be entitled to receive credit for the following:
(a) All service creditable under 5 U.S.C. § 8332 for the purpose of an annuity; and
(b) All service creditable under the District retirement benefits program established pursuant to section 2605 of the CMPA (D.C. Official Code § 1 626.05) (2006).
1233.2 An employee who is a retired member of a uniformed service as defined by 5 U.S.C. § 3501 shall be entitled to credit for active military service only if his or her retirement was based on a disability:
(a) Resulting from injury or disease received in line of duty as a direct result of armed conflict; or
(b) Caused by an instrumentality of war and incurred in line of duty during a period of war as defined by 38 U.S.C. §§ 101 and 301.
1233.3 The determination of years of service may be made on the basis of an affidavit from the employee subject to verification by the appropriate personnel authority.
1233.4 District government service prior to October 1, 1987 that is under Social Security shall be creditable for leave purposes and shall be purchasable for credit toward retirement under 5 U.S.C. § 8332.
1234 ANNUAL LEAVE—QUALIFYING PERIOD
1234.1 If a temporary appointment is for less than ninety (90) days, the employee shall not be entitled to earn annual leave.
1234.2 If a temporary appointment for less than ninety (90) days is extended for an additional ninety (90) days or longer without a break in service, or if there are successive temporary appoint¬ments without a break in service that aggregate ninety (90) days or longer, then the em¬ployee shall receive retroactive credit for leave earned from the date of appointment, and shall earn leave thereafter.
1234.3 Retroactive annual leave credited, or annual leave earned thereafter as specified in section 1234.2 of this section, shall not be substituted retroactively for either compensatory time or leave without pay taken during the period described in section 1234.1 of this section.
1235 ANNUAL LEAVE—GRANTING
1235.1 Annual leave may be used by an employee for any reason, but is intended primarily to be used for the following two (2) general purposes:
(a) To allow the employee vacation periods of extended leave every year for rest and recreation; and
(b) To provide periods of time off for personal and emergency purposes.
1235.2 The annual leave provided by this chapter, including annual leave that has been advanced as provided in section 1236 of this chapter, may be granted at any time during the leave year in accordance with these regulations.
1235.3 An employee is entitled to his or her annual leave, and the taking of annual leave for the purposes set forth in section 1237.1 of this section should be encouraged, subject to scheduling approval by the agency head.
1235.4 An approved absence that would otherwise be properly chargeable to sick leave may be charged to annual leave, compensatory time, or leave without pay, if requested in advance by the employee and approved by the agency head.
1236 LEAVE RESTRICTION FOR ABUSE OF EMERGENCY ANNUAL LEAVE
1236.1 An agency head may restrict an employee from using annual leave whenever by the preponderance of the evidence, it is established that an employee engages in a pattern or practice of abuse, such as:
(a) Requesting emergency annual leave in order to avoid certain work shifts or work assignments; or
(b) Consistently requesting emergency annual leave that results in the employee being unavailable immediately preceding or following the employee’s two (2) consecutive days outside of the basic work week.
1236.2 Whenever an agency head determines that an employee has engaged in the activities set forth in 1236.1 of this section, the agency may place the employee on leave restriction.
1236.3 An employee placed on leave restriction must obtain permission before taking any annual leave or sick leave as outlined in section 1243 without prior approval by the employee’s immediate supervisor or other supervisor within the chain of command of the employee.
1236.4 An employee shall not be deemed to have received prior approval to take emergency annual leave by notifying a co-worker or leaving a message on the voicemail of the supervisor.
1236.5 An employee under leave restriction who takes emergency leave without receiving prior approval shall be subject to being placed in an Absence Without Official Leave status in accordance with Section 1268 of this chapter.
1237 ANNUAL LEAVE—ADVANCING
1237.1 Annual leave may be advanced, at the discretion of the agency head, up to but not exceeding the amount of annual leave that would accrue to the employee by the end of the current leave year, or by the employee’s anticipated termination date, if applicable, whichever is sooner.
1237.2 If the reason for an employee’s request for advanced annual leave would qualify for leave under the District of Columbia Family and Medical Leave Act of 1990 (D.C. FMLA), effective October 3, 1990 (D.C. Law 8-181; D.C. Official Code § 32-501 et seq.) (2006), any advanced annual leave granted shall count towards the sixteen-week (16-week) maximum under the D.C. FMLA.
1238 ANNUAL LEAVE—MAXIMUM ACCUMULATION
1238.1 Pursuant to section 1238.3 of this section, annual leave that is not used by an employee shall accumulate for use in succeeding years, except that annual leave in excess of two hundred forty (240) hours at the beginning of the first full biweekly pay period of the calendar year, or the corresponding period for an employee who is not paid on the basis of biweekly pay periods, shall be forfeited as provided in section 1238.2 of this section.
1238.2 The beginning of the first biweekly pay period in the calendar year shall be the point at which an employee’s accumulated annual leave balance is fixed, and when a determina¬tion shall be made that annual leave in excess of the maximum amount allowable under section 1238.1 of this section, as appropriate, shall be forfeited.
1238.3 Annual leave in excess of the amount allowable under this section that was accum¬ulated under an earlier statute shall remain to the credit of the employee until used. If an employee with such credit uses more annual leave in a leave year than he or she earns:
(a) The balance carried forward shall become the new leave ceiling if it is still above the maximum accumulation allowable under section 1238.1 of this section; or
(b) The new leave ceiling shall be two hundred forty (240) hours if the balance carried forward is equal to or less than two hundred forty (240) hours.
1239 ANNUAL LEAVE—RESTORATION
1239.1 As provided in section 1203 (h)(2) of the CMPA (D.C. Official Code § 1 612.03 (h)(2)) (2006), annual leave that is lost due to administrative error when the error causes a loss of annual leave otherwise accruable after June 30, 1960, or because of exigencies of the public business when the annual leave was scheduled in advance, or because of sickness of the employee when the annual leave was scheduled in advance, shall be restored to the employee.
1239.2 Pursuant to section 1203 (h)(2)(A) of the CMPA (D.C. Official Code § 1 612.03 (h)(2)(A)) (2006), restored annual leave that causes the employee’s accumulated annual leave balance to exceed the maximum allowable accumulation under section 1239.1 of this chapter, as appropriate, shall be credited to a separate leave account for the employee and shall be available for use by the employee for a period of two (2) years.
1239.3 Pursuant to section 1203 (h)(2)(B) of the CMPA (D.C. Official Code § 1 612.03 (h)(2)(B)) (2006), annual leave otherwise accruable after June 30, 1960, which is lost because of administrative error and is not recredited because the employee is separated before the error is discovered, shall be subject to credit and liquidation by lump-sum payment only if a claim is filed within three (3) years immediately following the date the error was discovered.
1239.4 Except in the case of administrative error, annual leave shall be restored under the provisions of section 1239.1 of this section only if the agency head first determines either of the following:
(a) That an exigency of the business is of major importance and that annual leave scheduled at least three (3) biweekly pay periods prior to the actual end of the leave year must be denied; or
(b) That the substitution of sick leave for annual leave resulted in an inability to comply with the approval and scheduling requirements of paragraph (a) of this subsection.
1239.5 As applicable, annual leave restored under section 1239.1 of this section and credited to a separate leave account as provided in section 1239.3 of this section shall be forfeited unless scheduled and used not later than the end of the leave year ending two (2) years after one (1) of the following dates:
(a) The date of restoration of the annual leave forfeited because of administrative error;
(b) The date fixed by the agency head as the termina¬tion date of the exigency of the public business that resulted in forfeiture of the annual leave; or
(c) The date the employee is determined to be recovered and able to return to duty if the leave was forfeited because of sickness.
1239.6 Restored leave shall be included in a lump-sum payment if unused and still available upon the separation of the employee.
1239.7 The agency head shall provide notification to the appropriate authority to effect the restoration of annual leave under this section.
1240 PAYMENT FOR ANNUAL LEAVE
1240.1 An employee who accepts a position within the District government under a different leave system without a break in service, may elect either a lump-sum payment for any unused annual leave or have such leave retained for re-crediting purposes if he or she returns to a position covered by the provisions of these regulations.
1240.2 An employee who uses annual leave credited because of administrative error may elect to repay the amount received for such leave by lump-sum or installment payments, or to have such leave carried forward as a charge against later accruing annual leave, or to apply for a waiver of the overpayment under Chapter 29 of these regulations.
1240.3 An employee who is separated from the service, or elects to receive a lump-sum payment for leave upon entrance into the military service, shall be entitled to receive a lump-sum payment for annual leave to which entitled.
1240.4 The lump-sum payment pursuant to section 1240.3 of this section shall equal the pay the employee would have received had he or she remained in the service. The period of leave used for calculating the lump-sum payment shall not be extended due to any holiday occurring after separation.
1241 ACCRUAL OF SICK LEAVE
1241.1 A full-time employee to whom this chapter applies shall accrue sick leave on the basis of four (4) hours for each full biweekly pay period.
1241.2 Sick leave shall be credited at the beginning of each full or partial (one-half (½)) pay period for use during or after that pay period.
1241.3 Except as provided in section 1241.5 of this section, a part-time employee shall earn one (1) hour of sick leave for each twenty (20) hours in a pay status.
1241.4 Sick leave provided for in this section that is not used by an employee during the year in which it accrues shall accumulate and be available for use in succeeding years. There shall be no limitation on the amount of sick leave an employee may accumulate.
1241.5 A part-time employee entitled to earn sick leave as provided in section 1241.3 of this section shall not earn sick leave for any hours worked for which he or she is entitled to overtime compensa¬tion under Chapter 11 of these regulations.
1242 SICK LEAVE—GRANTING
1242.1 An agency head shall grant sick leave to an employee under any of the following circumstances:
(a) When the employee requires personal medical, dental, or optical examination or treatment;
(b) When the employee is incapacitated for the performance of his or her duties by physical or mental illness, injury, pregnancy, or childbirth;
(c) When the employee would jeopardize the health of others by his or her presence on the job because of exposure to a communicable disease (as determined by appropriate health authorities or by a health care provider);
(d) When the employee’s absence is required to provide care for a family member who is incapacitated by a medical or mental condition or to attend to a family member receiving medical, dental, or optical examination or treatment;
(e) When the employee’s absence is required to provide care for a family member with a serious health condition;
(f) Because of the birth, or the placement for adoption, of a son or daughter of the employee, and in order to care for such son or daughter; or
(g) When the employee is absent because of the death of a family member, provided that such absence shall not exceed three (3) workdays (twenty-four (24) hours), and that the employee provides evidence that is acceptable to the agency.
1242.2 When any of the circumstances set forth in section 1242.1 of this section occurs within a period of annual leave, an agency head may, at the employee’s request, convert annual leave to sick leave.
1242.3 Annual leave may not be substituted for sick leave that has been applied for and granted.
1242.4 An employee shall file a written application for sick leave within such time limits as the agency head may prescribe.
1242.5 An employee shall request sick leave in advance for a pre-scheduled appointment for medical, dental, or optical examination or treatment.
1242.6 An agency head may grant sick leave only when supported by a medical certificate or appropriate document signed by the employee.
1242.7 For an absence in excess of three (3) workdays, or for a lesser period when determined necessary by an agency, the agency may require a medical certificate, or other admin¬istratively acceptable evidence as to the reason for the absence.
1243 LEAVE RESTRICTION - FOR ABUSE OF SICK LEAVE
1243.1 An agency head may restrict an employee from using sick leave whenever by the preponderance of the evidence, it is established that an employee engages in a pattern or practice of: abuse as evidenced by:
(a) Requesting emergency sick leave in order to avoid certain work shifts or work assignments; or
(b) Frequent requests for emergency sick leave that result in the employee being unavailable immediately preceding or following the employee’s consecutive two (2) days outside of the basic workweek.
1243.2 Whenever an agency head determines that an employee has engaged in the activities set forth in 1243.1 of this section, the agency may place the employee on leave restriction.
1243.3 An employee placed on leave restriction must obtain permission before taking any annual leave as outlined in section 1236 of this chapter or sick leave without prior approval by the employee’s immediate supervisor or other supervisor within the chain of command of the employee.
1243.4 An employee shall not be deemed to have received prior approval to take emergency sick leave by notifying a co-worker or leaving a message on the voicemail of the supervisor.
1243.5 An employee under leave restriction who takes emergency sick leave without receiving prior approval shall be subject to being placed in an Absence Without Official Leave status in accordance with Section 1268 of this chapter, may be ordered to obtain a medical examination in accordance with Chapter 20 of the District Personnel Manual and where appropriate subject to disciplinary action.
1244 SICK LEAVE—ADVANCING
1244.1 A maximum of two hundred forty (240) hours of sick leave may be advanced, in the discretion of the agency head, in cases of serious disability or ailments, except:
(a) When the agency head has reason to believe that the employee may not be able to repay the advanced leave; or
(b) When an employee is serving on an appointment that will be terminated on a specified date, in which case an agency head may advance sick leave only up to the total sick leave the employee would earn during the remainder of the appointment.
(c) If the reason for an employee’s request for advanced sick leave would qualify for leave under the D.C. FMLA, any advanced sick leave authorized shall count towards the sixteen-week (16-week) maximum under the D.C. FMLA.
1245 FLSA COMPENSATORY TIME—ACCRUING
1245.1 Compensatory time is an authorized absence from official duty in lieu of payment of authorized overtime as provided in Chapter 11 of these regulations.
1245.2 Compensatory time shall be accrued in fifteen-minute (15-minute) increments. An FLSA non exempt employee shall be limited to the following amounts of compensatory time:
(a) A maximum of four hundred eighty (480) hours for employees occupying public safety, emergency response, and seasonal-work positions; and
(b) A maximum of two hundred forty (240) hours for all other employees.
1246 FLSA COMPENSATORY TIME—GRANTING
1246.1 An employee to whom the agency head would be willing to grant annual leave, including annual leave in lieu of sick leave as provided in section 1235 of this chapter, sick leave as provided in section 1244 of this chapter, or leave without pay as provided in section 1267 of this chapter, may be granted, at the employee’s request, compensatory time in lieu of annual leave, sick leave, or leave without pay.
1246.2 To the maximum extent practicable, compensatory time should be taken within three (3) months after it is earned.
1246.3 Compensatory time shall be granted only in one-hour (1 hour) increments, except that a fractional part of an hour may be granted when it is used in conjunction with the last remaining full hour accrued.
1247 PAYMENT FOR FLSA COMPENSATORY TIME
1247.1 An employee shall be given a lump-sum payment for any FLSA compensatory time in his or her account at the time of separation from District government service, regardless of the nature of the separation.
1248 EXEMPT TIME OFF
1248.1 Exempt time off may be authorized as provided in section 1139 of Chapter 11 of these regulations.
1248.2 An employee to whom the agency would be willing to grant annual leave, including annual leave in lieu of sick leave, as provided in section 1236 of this chapter, sick leave as provided in section 1243 of this chapter, or leave without pay as provided in section 1267 of this chapter, may be granted, at the employee’s request, exempt time off in lieu of annual leave, sick leave, or leave without pay.
1249 – RESERVED
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 (DC Law 8 155; DC Official Code, Section1-612.05 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 DC Official Code, Section 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 Section 1252 and a leave recipient under Section 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 Section 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 Section 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 Section 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 Section 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 (0.5) 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 Section 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 Section 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 (50) percent 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.
