D.C. Mun. Regs. tit. 7, § 3402
3402.1 A self-employed individual who previously opted into the paid-leave program may elect to opt out of the paid-leave program through the online portal or through an electronic or non-electronic format approved by DOES.
3402.2 A self-employed individual may opt out of the program only during an open enrollment period. Any election made during an open enrollment period shall take effect beginning on the first day of the following calendar quarter.
3402.3 Opting out of the program, removal from the program, and withdrawing from the program are distinguished as follows:
(a) A
self-
-
em
plo
yed
ind
ivi
dua
l
sha
ll
be
con
sid
ere
d
to
hav
e
opt
ed
out
of
the
pai
d-
lea
ve
pro
gra
m
if
the
self
-
em
plo
yed
ind
ivi
dua
l
had
pre
vio
usl
y
opt
ed
int
o
the
pro
gra
m
and
ma
kes
an
e
lect
ion
dur
ing
an
ope
n
enr
oll
me
nt
per
iod
to
no
lon
ger
par
tici
pat
e in
the
pro
gra
m
whi
le
stil
l
ear
nin
g
self
-
em
plo
ym
ent
inc
om
e in
the
Dis
tric
t of
Col
um
bia.
(b) A
self
-
em
plo
yed
ind
ivi
dua
l
ma
y
req
ues
t
that
DO
ES
re
mo
ve
hi
m
or
her
fr
om
the
pai
d-
lea
ve
pro
gra
m
by
no
tify
ing
DO
ES
that
:
(1) The individual has moved the primary place of business for all of the individual's self-employed businesses out of the District of Columbia and intends to earn no self-employment income for any self-employed business in the District of Columbia within the next fifty-two (52) weeks;
(2) The individual has accepted employment by a covered or non-covered employer and intends to earn no self-employment income in the District of Columbia within the next fifty-two (52) weeks;
(3) In the next fifty-two (52) weeks, the individual intends to continue earning self-employment income, but not for work that is performed more than fifty percent (50%) of the time in the District of Columbia; or
(4) The individual intends to earn no income within the next fifty-two (52) weeks.
(c) “With
dra
wal
”
from
the
pro
gram,
as
ref
err
ed
to
in
sec
tio
n
105
of
the
Act
, is
a
ter
m
enc
om
pas
sin
g
act
s of
bot
h
om
issi
on
(fai
lin
g
to
opt
in)
and
co
m
mis
sio
n
(op
tin
g
out
)
that
res
ult
in
an
ind
ivi
dua
l's
non
-
par
tici
pati
on
in
the
pro
gra
m.
As
app
lied
to
act
s of
om
issi
on,
no
mo
re
tha
n
one
(1)
act
of
wit
hdr
awi
ng
by
an
ind
ivi
dua
l
sha
ll
be
cou
nte
d
by
DO
ES
pri
or
to
an
ind
ivi
du
al's
first
act
of
opting
int
o
the
program
and
no
more
than
one
(1)
act
of
with
drawing
by
any
individual
shall
be
counted
by
DOES
between
an
ind
ivi
dua
l's
act
of
opt
ing
out
of
the
pro
gra
m
and
the
ind
ivi
dua
l's
sub
seq
uen
t
act
to
opt
bac
k
int
o
the
pro
gra
m.
No
act
of
om
issi
on
or
co
m
mis
sio
n
tak
en
by
a
self
-
em
plo
yed
ind
ivi
dua
l
wh
o is
cur
ren
tly
opt
ed
int
o
the
pro
gra
m
sha
ll
be
con
sid
ere
d
an
act
of
wit
hdr
aw
al
from the program, except for a valid request to opt out.
3402.4 The decision to remove a self-employed individual per Subsection 3402.3(b) rests solely with DOES.
(a) DOES may request additional documentation from the self-employed individual to support his or her request for removal from the program.
(b) If DOES determines that a self-employed individual should be removed, it shall inform the self-employed individual that he or she has been removed from the program by sending electronic notice via both the online portal and email to the self-employed individual's last known email address, and by physical mail to the individual last known mailing address.
3402.5 As provided in section 105(b) and (c) of the Universal Paid Leave Amendment Act of 2016 (D.C. Law 21-264), a self-employed individual who previously opted out of or withdrew from the paid-leave program may opt into the program during an open enrollment period, provided that:
(a) Beginning on January 1, 2020, the self-employed individual shall not be eligible to receive benefits pursuant to Chapter 35 (Paid-Leave Program Benefits) for the first year after enrolling (opting in for the first time) or reenrolling (opting in for a subsequent time) in the program; and
(b) If a self-employed individual withdraws from the paid-leave program two (2) or more times, the individual shall be barred from reenrolling (opting in for a subsequent time) in the program for a period of five (5) years from the date of their second or any subsequent act of withdrawal from the program.
3402.6 A self-employed individual who was removed from the program for a reason set forth in Subsection 3402.3(b) may re-enroll in the program during an open enrollment period if he or she resumes self-employment in the District of Columbia as described in Section 3401. DOES reserves the right to request additional documentation from an individual applying for re-enrollment in the program.
3402.7 A self-employed individual who did not opt into the program during the first open enrollment period for which the individual was eligible to opt into the program, may opt into the program during an open enrollment period, but shall not be eligible to opt out of the program for three (3) years following the election to opt in.
SOURCE: Final Rulemaking published at 66 DCR 7396 (June 21, 2019); as amended by Final Rulemaking published at 70 DCR 001101 (January 27, 2023).