1. (a) For the purposes of this section through § 1-612.12, the term:

   1. (1) "Agency" includes the Council.

   2. (2) "Child" means:

      1. (A) An individual under 21 years of age;
      2. (B) An individual, regardless of age, who is substantially dependent upon the employee by reason of physical or mental disability; or
      3. (C) An individual who is under 23 years of age who is a full-time student at an accredited college or university.
   3. (3) "D.C. FMLA" means the District of Columbia Family and Medical Leave Act of 1990 (subchapter I of Chapter 5 of Title 32).

   4. (4) "Eligible employee" means a District government employee, including an employee of an independent agency; except, that the term "eligible employee" does not include:

      1. (A) A temporary employee appointed for less than 90 days; or
      2. (B) An employee with intermittent employment.

   5. (5) "Family member" means:

      1. (A) A biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or a person to whom an eligible employee stands in loco parentis;
      2. (B) A biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to an eligible employee when the eligible employee was a child;
      3. (C) An individual to whom an eligible employee is related by domestic partnership or marriage;
      4. (D) A grandparent of an eligible employee; or
      5. (E) A sibling of an eligible employee.
   6. (6) "Leave recipient" means an eligible employee whose application to receive leave from the PFML Bank has been approved pursuant to § 1-612.08.
   7. (7) "Leave contributor" means an employee who contributes accrued annual, restored, or universal leave to the PFML Bank.
   8. (8) "Miscarriage" means the loss of a pregnancy before 20 weeks' gestation.
   9. (9) "PFML Bank" means the Paid Family and Medical Leave Supplemental Bank established in § 1-612.05.
   10. (10) "PFML Bank Administrator" means the Department of Human Resources.
   11. (11) "Pre-natal medical care" means routine and specialty appointments, exams, and treatments associated with a pregnancy provided by a health care provider, including pre-natal check-ups, ultrasounds, treatment for pregnancy complications, bedrest that is required or prescribed by a health care provider, and pre-natal physical therapy.
   12. (12) "Prolonged absence" means an employee's absence from duty for at least 10 consecutive workdays.
   13. (13) "Qualifying family leave" means leave that an eligible employee may take following the occurrence of a qualifying family leave event.
   14. (14) "Qualifying family leave event" means the diagnosis or occurrence of a serious health condition of a family member of the eligible employee.
   15. (15) "Qualifying leave event" means a qualifying family leave event, qualifying medical leave event, or qualifying parental leave event.
   16. (16) "Qualifying medical leave" means leave that an eligible employee may take following the occurrence of a qualifying medical leave event.
   17. (17) "Qualifying medical leave event" means, for an eligible employee, the diagnosis or occurrence of a serious health condition, which shall include the occurrence of a stillbirth and the medical care related to a miscarriage.

   18. (18) "Qualifying parental leave event" means one of the following:

       1. (A) The birth of a child of an eligible employee;
       2. (B) The legal placement of a child with an eligible employee (such as through adoption, guardianship, or foster care); or
       3. (C) The placement with an eligible employee of a child for whom the eligible employee permanently assumes and discharges parental responsibilities.
   19. (19) "Qualifying pre-natal leave" means paid leave that an eligible employee who is pregnant may take for pre-natal medical care following the occurrence of a qualifying pre-natal leave event.
   20. (20) "Qualifying pre-natal leave event" means the diagnosis of pregnancy by a health care provider.
   21. (21) "Serious health condition" shall have the same meaning as provided in § 32-501(9).
   22. (22) "Stillbirth" means the death of a fetus at 20 weeks' gestation or later for an eligible employee who was pregnant with the fetus.

History

Mar. 3, 1979, D.C. Law 2-139, § 1204

as added Sept. 11, 1990, D.C. Law 8-155, § 2, 37 DCR 4159

Dec. 21, 2022, D.C. Law 24-212, § 2(c)

Prior Codifications

1981 Ed., § 1-613.4.

Section References

This section is referenced in § 1-612.11.

Applicability

Section 3 of D.C. Law 24-212 provided that the amendments made to this section by D.C. Law 24-212 shall apply as of January 1, 2023.