8200.1 An employee is a person who works in an authorized position and receives compensation from the PBC, except where otherwise defined in this manual.

8200.2 For the purpose of benefit determination, the following are examples of persons not considered employees:

1. (a) Students;
2. (b) Private duty nurses;
3. (c) Employees of outside temporary agencies;
4. (d) Private temporaries;
5. (e) Employees of outside contractors;
6. (f) Youth corps trainees;
7. (g) Rehabilitation workshop employees; and
8. (h) Independent contractors.

8200.3 The following are categories the PBC uses to classify employees:

1. (a) A benefit-eligible employee is considered as follows:
2. (1) Full-time employee: An employee whose scheduled weekly hours are equal to the full-time hours of the job classification. For most employees, a forty (40) hour work week is considered full-time. Full-time employees are entitled to all the benefits of the job classification; and
3. (2) Part-time employee: An employee whose regularly scheduled weekly hours are less than forty (40) hours per week. Part-time employees are entitled to accrue benefits on a prorated basis.
4. (b) A non-benefit employee is an employee who is not scheduled on a regular basis, but who works on a day-to-day basis as needed by the employer.

8200.4 A temporary employee is an employee who is hired to work in an authorized position for a limited amount of time in relief of a regular employee or for a specific project. Temporary employees are not eligible for any benefits unless employed on a term appointment for thirteen (13) months or greater or otherwise provided in the collective bargaining agreements. The following are examples of temporary work:

1. (a) Employment in a temporarily authorized position;
2. (b) Employment in relief of a full or part-time employee out on a leave of absence.

8200.5 A grant-funded employee is an employee who is hired or who moves into a position that is supported by a grant. The following criteria apply to grant-funded employees:

1. (a) New hires that serve in grant funded positions are considered temporary employees; and

(b) Current benefit-eligible employees who move into grant-funded positions maintain their existing benefits while under the grant. If a grant can no longer support a position, a benefit-eligible employee shall be entitled to return to their former position, if available, with no loss of salary or benefits that would have accrued in that former position. Benefit-eligible employees may transfer to a vacant position that has the same salary and benefits requiring similar skills and qualifications.

AUTHORITY: Unless otherwise noted, the authority for this chapter is the Health and Hospitals Public Benefit Corporation Act of 1996, D.C. Code §§ 44-1101.01 to 44-1103.03.

SOURCE: Final Rulemaking published at 45 DCR 7353, 7358 (October 9, 1998).