1704.1 Pursuant to section 107(c) of the UPLA (D.C. Official Code § 32-541.07(c)), the UPLA does not provide job protection beyond that which the DCFMLA provides. However, where a person is eligible to receive paid-leave benefits for a period of leave, which also qualifies as DCFMLA leave, the person is entitled to job protection under the DCFMLA, pursuant to 4 DCMR § 1609 (DCFMLA Employment and Benefits Protection).

1704.2 Regardless of whether a period of leave is job protected under the DCFMLA or other job protection laws, actions such as reduction of hours, transfer to a lesser position, or termination, absent a legitimate business reason, could constitute retaliation under § 1702.2 of this Chapter, if taken after a period of leave for which UPLA benefits were requested or received.

1704.3 Where an employee is eligible to receive paid-leave benefits for a period of leave, which also qualifies as DCFMLA leave, the employer must maintain seniority and benefits as required by the DCFMLA, pursuant to 4 DCMR § 1609.

1704.4 Where a person customarily receives benefits or seniority for unpaid, non-DCFMLA qualifying leave, these benefits or seniority must be maintained while the person is on leave for which the employee is eligible for paid-leave benefits under the UPLA.

SOURCE: Final Rulemaking published at 69 DCR 009526 (July 29, 2022).