3499

DEFINITIONS

3499.1

As used in this chapter:

“Act” – means the Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. Law 21-264; D.C. Official Code §§ 32-541.01 et seq.).

“Commencement of self-employment” – means:

1. (a) The date that a self-employed individual first receives self-employment income that is required to be reported as self-employment income to the Internal Revenue Service; or
2. (b) The date that a self-employed individual returns to earning self-employment income in the District of Columbia following a period of removal as described in Subsection 3402.3(b).

“Covered employee” – means an employee of a covered employer:

1. (a) Who spends more than fifty percent (50%) of his or her work time for that employer working in the District of Columbia; or
2. (b) Whose employment for the covered employer is based in the District of Columbia and who regularly spends his or her work time for the covered employer in the District of Columbia, and not more than 50% of his or her work time for that covered employer in another jurisdiction. Work time spent at another work site outside of the District of Columbia is incidental in nature; is temporary or transitory in nature; or consists of isolated transactions.

“Covered employer” – means:

1. (a) Any individual, partnership, general contractor, subcontractor, association, corporation, business trust, or any group of persons who directly or indirectly or through an agent or any other person, including through the services of a temporary services or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of an employee and is required to pay unemployment insurance on behalf of its employees by Section 3 of the District of Columbia Unemployment Compensation Act, approved August 28, 1935 (49 Stat. 947; D.C. Official Code § 51-103); provided, that the term “covered employer” shall not include the United States, the District of

Columbia, or any employer that the District of Columbia is not authorized to tax under federal law or treaty; or

(b) A self-employed individual who has opted into the paid-leave program established pursuant to this chapter.

“Director” – means the director of DOES.

“DOES” – means the Department of Employment Services.

“Last known email address” – means the last email address provided by covered employer or a self-employed individual to the paid-leave program.

“Last known mailing address” – means the last mailing address provided by a covered employer or a self-employed individual to the paid-leave program.

“Online portal” – means the user-friendly system for the submission and management of forms and documents necessary to administer the paid-leave program.

“Open enrollment period” – means:

1. (a) The first 90 days after the date on which DOES begins to collect contributions to the Universal Paid Leave Implementation Fund;
2. (b) The first sixty (60) days following the commencement of self-employment in the District of Columbia; or
3. (c) Beginning with calendar year 2020, and in each calendar year thereafter, the months of November and December.

“Paid-leave benefits” – means the monetary benefits provided pursuant to Chapter 35 (Paid-Leave Program Benefits).

“Self-employment income” – means gross income earned from carrying on a trade or business as a sole proprietor, an independent contractor, or a member of a partnership.

“Self-employed individual” – means an individual who carries on a trade or business as a sole proprietor, an independent contractor, or a member of a partnership.

“Special contribution rate” – means the projected employer contribution rate calculated by the Chief Financial Officer to be sufficient to maintain the then-existing level of benefits and continued solvency of the Universal Paid Leave Fund pursuant to section 104a of the Act.

“Universal Paid Leave Implementation Fund” means the Universal Paid Leave Implementation Fund established by Section 1152 of the Universal Paid Leave Implementation Fund Act of 2016, effective October 8, 2016 (D.C. Law 21-160; 63 DCR 10775 (August 26, 2016)).

“Wages” shall have the meaning as provided in Section 3403.

SOURCE: Final Rulemaking published at 66 DCR 7396 (June 21, 2019); as amended by Final Rulemaking published at 69 DCR 001141 (February 11, 2022).