§ 1–612.08. Approval of application.

(a) The PFML Administrator shall refer the proposed leave recipient's application to the employee's personnel authority for review.

(b) The proposed leave recipient's personnel authority shall review an application to become a leave recipient under procedures established by the Mayor pursuant to § 1-612.11.

(1) The request to become a leave recipient has been necessitated by a qualifying medical leave event or qualifying family leave event;

(2) The absence from duty because of the qualifying medical leave event or qualifying family leave event is, or is expected to be, at least 10 workdays;

(3) The proposed leave recipient does not possess annual leave, restored leave, universal leave, sick leave, or compensatory time sufficient to cover the expected period of absence from work; and

(4) The proposed leave recipient is not eligible for paid medical leave or paid family leave sufficient to cover the expected period of absence from work.

(d) The PFML Administrator shall have final authority to approve or deny an application, or to approve an amount of leave less than requested; except, that the PFML Administrator may not deny applications from employees of the Council or independent agencies that were approved by the appropriate personnel authority unless so permitted by an agreement entered into pursuant to § 1-612.05(e) or the reason for denial is that the request for leave exceeds the amount of leave in the PFML Bank.

(e) In approving or disapproving the application, the employee's personnel authority and PFML Administrator may consider the leave record of the proposed leave recipient, the probability that the employee will separate from service, and any exigency or disruption in service that the agency, independent agency, or, in the case of the Council, the relevant Council office, may experience.

(f) To the extent practicable, the proposed leave recipient or the employee acting on behalf of the proposed leave recipient shall be notified of the decision to approve or disapprove the application for leave within 15 calendar days after receipt of the application and, in all cases, within 30 calendar days after receipt of the application. If the leave recipient is entitled to leave under the D.C. FMLA, the leave transfer shall be granted.