3500.1 An individual shall be eligible for paid-leave benefits under this chapter if:

1. (a) The individual experiences a qualifying event;
2. (b) The individual does not perform his or her regular and customary work because of the occurrence of the qualifying event; and
3. (c) The individual satisfies one or both of the following sets of criteria:
4. (1) (A) The individual is employed by a covered employer at the time of application;
5. (B) The individual has earned income as a covered employee of a covered employer during at least one (1) of the past five (5) completed quarters immediately preceding the qualifying event for which the paid leave claim is being submitted, or, if the claim is submitted between October 1, 2021, and July 25, 2022, the individual has earned income as a covered employee of a covered employer during at least one (1) of the past ten (10) completed quarters immediately preceding the qualifying event for which the paid leave claim is being submitted; and
6. (C) The employee's wages were reportable to DOES under Chapter 34 (Paid Leave Contributions) by the covered employer(s); or
7. (2) (A) The individual is currently a self-employed individual who is currently opted into and enrolled in the paid-leave program;
8. (B) The individual earned and reported to the Department of Employment Services (DOES) under Chapter 34 (Paid Leave Contributions) self-employment income during at least one (1) of the past five (5) completed quarters immediately preceding the qualifying event for which the paid leave claim is being submitted, or, if the claim is submitted between October 1, 2021, and July 25, 2022, then the individual earned and reported to DOES under Chapter 34 self-employment income during at least one (1) of the past ten (10) completed quarters immediately preceding the qualifying event for which the paid leave

claim is being submitted;

(C) The individual is in good standing with the program and has no past-due contributions for self-employment income earned in previous completed quarters; and

(D) The individual earned self-employment income for work performed more than fifty percent (50%) of the time in the District of Columbia during some or all of the fifty-two (52) calendar weeks immediately preceding the qualifying event for which paid leave is being taken.

SOURCE: Final Rulemaking published at 67 DCR 3997 (April 10, 2020); as amended by Final Rulemaking published at 69 DCR 001141 (February 11, 2022).