(a) An employer with a paid leave policy providing paid leave options, such as a paid time-off program or universal leave policy, shall not be required to modify such policy if the policy offers an employee the option, at the employee’s discretion, to accrue and use leave under terms and conditions that are at least equivalent to the paid leave prescribed in this subchapter.
(b) The terms and conditions of an employer’s policy shall be presumed equivalent if they allow an employee to:
(1) Access and accrue paid leave at least at the same rate as or greater than the hours of paid leave provided in § 32-531.02(a)(1), (2), and (3); and
(2) Use the paid leave for the same purposes as those set forth in § 32-531.02(b), including unscheduled leave.
