§ 32–541.07. Coordination of benefits.

*NOTE: This section includes amendments by temporary legislation that will expire on May 1, 2025. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Past Permanent Version.*

(a)(1) To the extent practicable, an eligible individual shall provide written notice to his or her employer of the need for the use of paid-leave benefits provided in this subchapter before taking leave.

(2) The written notice shall include a reason for the absence involved, within the parameters of the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (Pub. L. No. 104-191; 110 Stat. 1936), and the expected duration of the paid leave.

(3) If the paid leave is foreseeable, the written notice shall be provided at least 10 days, or as early as possible, in advance of the paid leave.

(4) If the paid leave is unforeseeable, a notification, either oral or written, shall be provided before the start of the work shift for which the paid leave is being used.

(5) In the case of an emergency, the eligible individual, or another individual on behalf of the eligible individual, shall notify the eligible individual's employer, either orally or in writing, within 48 hours of the emergency occurring.

(6) Nothing in this subsection shall be construed to deny an eligible individual paid-leave benefits to which he or she is otherwise entitled pursuant to this subchapter.

(b) If paid leave taken pursuant to this subchapter also qualifies as protected leave pursuant to the Family and Medical Leave Act of 1993, approved February 5, 1993 (107 Stat. 6; 29 U.S.C. § 2601 et seq.), or D.C. FMLA, the paid leave taken pursuant to this subchapter shall run concurrently with, and not in addition to, leave taken under those other acts.

(c) Nothing in this subchapter shall be construed to provide job protection to any eligible individual beyond that to which an individual is entitled under D.C. FMLA.

(d) A covered employer may provide an eligible individual with leave benefits in addition to those provided by this subchapter; provided, that the provision of such benefits, including a paid-leave program, shall not exempt the covered employer from making contributions under § 32-541.03 or an eligible individual from receiving benefits pursuant to this subchapter.

(e) An eligible individual receiving benefits pursuant to part A of subchapter I of Chapter 1 of Title 51, shall not be eligible to receive the benefits provided for in this subchapter.

(f) If an eligible individual is receiving long-term disability payments, he or she shall not be eligible to receive the benefits provided for in this subchapter.

(g)(1) If an individual concurrently earns self-employment income and is a covered employee employed by a covered employer, the individual shall not be entitled to receive double payments.

(2) If the self-employed individual has opted into the paid-leave program established pursuant to this subchapter, his or her benefit payment amount shall be based on the combined wages from covered employment and self-employment.

(h) This subchapter shall not:

(1) Supersede any provision of law, collective-bargaining agreement, or other contract that provides paid-leave rights in addition to the rights established pursuant to this subchapter; or

(2) Prevent a covered employer from adopting or retaining a paid-leave policy that supplements or otherwise provides greater benefits than are required by this subchapter.

(i)(1) An individual's right to benefits provided for in this subchapter shall not be diminished by a collective-bargaining agreement or other contract entered into or renewed after December 31, 2017.

(2) An individual's right to benefits provided for in this subchapter shall not be diminished by an employer policy.

(3) Any agreement by an individual to waive his or her rights under this subchapter is void as against public policy.

(j)(1) No insurer may offset or reduce benefits or income available to an eligible individual under an individual or group policy for temporary or short-term disability insurance based on estimated or actual benefits the eligible individual may or does receive under this act, regardless of the jurisdiction in which such policy was issued, executed, written, or delivered.

(2) Paragraph (1) of this subsection shall not apply to the actions of a self-insured employer or to the actions of an insurer to the extent the insurer is acting on behalf of a self-insured employer as a third-party administrator for the self-insured employer.