1. (a)

   1. (1) An employer may require that paid leave under § 32-131.02(b) for 3 or more consecutive days be supported by reasonable certification.

   2. (2) Reasonable certification may include:

      1. (A) A signed document from a health care provider, as defined in § 32-501(5), affirming the illness of the employee;
      2. (B) A police report indicating that the employee was a victim of stalking, domestic violence, or sexual abuse;
      3. (C) A court order; or
      4. (D) A signed statement from a victim and witness advocate, or domestic violence counselor, as defined in § 14-310(a)(2), affirming that the employee is involved in legal action related to stalking, domestic violence, or sexual abuse.
   3. (3) If certification is required by an employer, the employee shall provide a copy of the certification to the employer upon the employee’s return to work.

2. (b)

   1. (1) This subchapter shall not require a health care professional to disclose information in violation of section 1177 of the Social Security Act, approved August 21, 1996 (110 Stat. 2029; 42 U.S.C. § 1320d-6), or the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (110 Stat. 2033; 42 U.S.C. § 1320d-2, note).

   2. (2) All information provided to the employer under § 32-131.02 shall not be disclosed by the employer, except to the extent that the disclosure is:

      1. (A) Requested or consented to by the employee;
      2. (B) Ordered by a court or administrative agency; or
      3. (C) Otherwise required by applicable federal or local law.

History

May 13, 2008, D.C. Law 17-152, § 5, 55 DCR 3452

Prior Codifications

2001 Ed., § 32-131.04.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 105(a)(4) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).

For temporary (90 days) amendment of this section, see § 105(a)(4) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).

For temporary (90 days) amendment of this section, see § 104(a)(4) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).

For temporary (90 days) amendment of this section, see § 105(a)(4) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).

For temporary (90 days) amendment of this section, see § 105(a)(4) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).

For temporary (90 days) amendment of this section, see § 2(d) of COVID Vaccination Leave Emergency Amendment Act of 2021 (D.C. Act 24-209, Nov. 5, 2021, 68 DCR 012355).

For temporary (90 days) amendment of this section, see § 2(d) of COVID Vaccination Leave Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-319, Feb. 3, 2022, 0 DCR 0).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 105(a)(4) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).

For temporary (225 days) amendment of this section, see § 105(a)(4) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).

For temporary (225 days) amendment of this section, see § 2(d) of COVID Vaccination Leave Temporary Amendment Act of 2021 (D.C. Law 24-61, Feb. 18, 2022, 68 DCR 014074).