3500

3500.1

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

(a) The individual experiences a qualifying event;

(b) The individual does not perform his or her regular and customary work because of the occurrence of the qualifying event; and

(c) The individual satisfies one or both of the following sets of criteria:

(1) (A) The individual is employed by a covered employer at the time of application;

(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; and

(C) The employee's wages were reportable to DOES under Chapter 34 (Paid Leave Contributions) by the covered employer(s); or

(2) (A) The individual is currently a self-employed individual who is currently opted into and enrolled in the paid-leave program;

(B) The individual earned and reported to 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;

(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).