Code of the District of Columbia

Subchapter V. Universal Paid Leave Fund.


§ 32–551.01. Universal Paid Leave Fund.

*NOTE: This section includes amendments by temporary legislation that will expire on February 4, 2022. To view the text of this section after the expiration of all emergency and/or temporary legislation, click this link: Permanent Version.*

*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

(a) There is established as a special fund the Universal Paid Leave Fund ("Fund"), which shall be administered by the Chief Financial Officer in accordance with subsections (b), (c), (d), (e), (f), (g), (h), (i), and (m) of this section.

(b) Money in the Fund shall be used to:

(1) Pay benefits provided under subchapter IV of this chapter; and

(2) Fund the Universal Paid Leave Administration Fund established pursuant to § 32-551.02(a) in the following amounts:

(A) No more than 8.75% of money in the Fund for the purposes described in § 32-551.02(c)(1);

(B) No more than .75% of the money in the Fund for the purposes described in § 32-551.02(c)(2); and

(C) No more than 0.5% of the money in the Fund for the purposes described in § 32-551.02(c)(3).

(b-1)(1) Notwithstanding subsections (b) and (f) of this section, during the COVID-19 emergency, no more than $500,000 of the money in the Fund may be used for activities related to enforcement of the paid public health emergency leave requirement contained in § 32-502.01.

(2) For the purposes of this subsection, "COVID-19 emergency" means the emergencies declared in the Declaration of Public Emergency (Mayor's Order 2020-045) together with the Declaration of Public Health Emergency (Mayor's Order 2020-046), declared on March 11, 2020, including any extension of those declared emergencies.

(c)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of the fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(d) There shall be deposited into the Fund $20,039,000 of local funds in Fiscal Year 2016.

(e) Revenue from the following sources shall be deposited into the Fund:

(1) Monies collected pursuant to § 32-541.03;

(2) Annual appropriations, if any;

(3) Interest earned upon the money in the Fund; and

(4) All other money received for the Fund from any other source.

(f) Money in the Fund may not be used other than for the purposes of the paid-leave program established pursuant to subchapter IV of this chapter.

(g) Beginning with October 1, 2017, and quarterly thereafter, the Chief Financial Officer of the District of Columbia shall certify the balance of the Fund.

(h) Claims paid pursuant to subchapter IV of this chapter shall not be administered from the Fund until:

(1) At least one year after April 7, 2017; and

(2) After the Chief Financial Officer of the District of Columbia certifies that the Fund will remain solvent for at least one year after claims have begun to be paid from the Fund.

(i) The balance in the Fund shall not fall below the equivalent of 9 months of benefits provided pursuant to subchapter IV of this chapter, at any time during a fiscal year. If the Chief Financial Officer determines that the balance in the Fund will fall below the equivalent of 9 months of benefits during a fiscal year, the Chief Financial Officer shall promptly notify the Mayor and the Council and present a plan, including recommended legislative changes, if any, to address the shortfall. If the balance in the Fund falls below the equivalent of 6 months of benefits, the District shall immediately cease any further payments of benefits. If payment of benefits is ceased in accordance with this section, payment of benefits shall not resume until the Fund balance is equal to the equivalent of 12 months of benefits.

(j) By December 30, 2017, the Mayor, in coordination with the Office of the Chief Financial Officer, shall provide an update to the Council as to the funds that have thus far been deposited into the Fund and the expected timeline for beginning to make payment of claims under subchapter IV of this chapter.

(k) By October 1, 2018, and annually thereafter, the Mayor shall submit a report to the Council about the financial management, claim management, operation, and use of the Fund and the paid-leave program established pursuant to subchapter IV of this chapter.

(l) As of December 31, 2021, and as of the last day of each quarter thereafter, the Chief Financial Officer shall compare its estimated costs of each type of paid-leave benefit with the actual cost of such leave during the most recently completed calendar quarter. If, on the basis of such comparison, the estimated cost of any type of paid-leave benefit was 3 or more times greater than the actual cost of such leave, then the Chief Financial Officer shall promptly deliver a letter to the Council disclosing the extent to which costs were overestimated, whether funds are sufficient to implement all or any portion of the paid-leave benefit expansions and the employer contribution rate change in the order set forth in § 32-541.04a(c), and the earliest point at which the benefits could be expanded or the employer contribution rate could be reduced.

(m) After benefits begin to be paid pursuant to subchapter IV of this chapter, no funds from any contingency fund or any other local funds shall be transferred to the Fund to be used for the paid-leave program established pursuant to subchapter IV of this chapter.

(n) The cost of the benefits authorized under subchapter IV of this chapter shall be payable solely from the Fund. Nothing contained in subchapter IV of this chapter or this subchapter shall be construed to create an obligation on the part of the District to pay benefits from any source other than the Fund.


(Oct. 8, 2016, D.C. Law 21-160, § 1152, 63 DCR 10775; Apr. 7, 2017, D.C. Law 21-264, § 203, 64 DCR 2121; Dec. 3, 2020, D.C. Law 23-149, § 2142(b), 67 DCR 10493; June 24, 2021, D.C. Law 24-9, § 105(b), 68 DCR 004824; Aug. 23, 2021, D.C. Act 24-159, § 4063(a), 68 DCR 008602.)

Applicability

Section 7034 of D.C. Law 22-33 repealed § 301 of D.C. Law 21-264. Therefore the changes made to this section by D.C. Law 21-264 have been given effect.

Applicability of D.C. Law 21-264: § 301 of D.C. Law 21-264 provided that the change made to this section by § 203 of D.C. Law 21-264 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4063(a) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 days) amendment of this section, see § 105(b) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).

For temporary (90 days) amendment of this section, see § 105(b) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).

For temporary (90 days) amendment of this section, see § 104(b) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).

For temporary (90 days) amendment of this section, see § 105(b) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).

For temporary (90 days) amendment of this section, see § 105(b) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).

For temporary (90 days) repeal of § 301 of D.C. Law 21-264, see § 7034 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 301 of D.C. Law 21-264, see § 7034 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 105(b) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).

For temporary (225 days) amendment of this section, see § 105(b) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).


§ 32–551.02. Universal Paid Leave Administration Fund.

*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

(a) There is established as a special fund the Universal Paid Leave Administration Fund ("Fund"), which shall be administered by the Department of Employment Services ("DOES") in accordance with subsections (c), (d), (e), and (f) of this section.

(b) Pursuant to § 32-551.01(b)(2), amounts appropriated from the Universal Paid Leave Fund annually for the purposes described in subsection (c) of this section shall be deposited in the Fund.

(c) Money in the Fund shall be used for the following purposes:

(1) Administration of subchapter IV of this chapter by DOES, including public education pursuant to §§32-541.04a|(d) and [§ 32-541.06(j)]; provided, that no more than 6% of the money appropriated annually for administration may be used for public education;

(2) Enforcement of §§ 32-541.08(e) and 32-541.10(a) and (b) by the Office of Human Rights, which may include education and outreach on individuals' rights under subchapter IV of this chapter; and

(3) Hearing of appeals of claim determinations by the Office of Administrative Hearings, pursuant to § 32-541.08(a), (b), and (c).

(d)(1) Beginning no later than October 1, 2020, and by October 1 annually thereafter, DOES shall execute a Memorandum of Understanding with the Office of Human Rights for the intradistrict transfer of funds appropriated, pursuant to subsection (c)(2) of this section, for enforcement; provided, that DOES shall transfer funds appropriated for enforcement to the Office of Human Rights no later than October 2 of any year even if the agencies fail to execute a Memorandum of Understanding by October 1 of that year.

(2) In Fiscal Year 2022, notwithstanding any other provision of this section, up to 5 employees hired and employed with funds transferred pursuant to paragraph (1) of this subsection may perform work on matters other than enforcement pursuant tosubchapter IV of this chapter; provided, that they prioritize enforcement.

(e)(1) Beginning no later than October 1, 2020 and by October 1 annually thereafter, DOES shall execute a Memorandum of Understanding with the Office of Administrative Hearings for the intradistrict transfer of funds appropriated, pursuant to subsection (c)(3) of this section, for hearing of appeals of claim determinations; provided, that DOES shall transfer funds appropriated for hearing of appeals of claim determinations to the Office of Administrative Hearings no later than October 2 of any year even if the agencies fail to execute a Memorandum of Understanding by October 1 of that year.

(2) In Fiscal Year 2022, notwithstanding any other provision of this section, the Office of Administrative Hearings may use funds transferred pursuant to paragraph (1) of this subsection for matters other than the hearing of appeals of claims determinations pursuant to the Act; provided, that it prioritizes the use of such funds for the hearing of appeals of claims determinations.

(f) Money deposited into the Fund but not expended in a fiscal year shall revert to the Universal Paid Leave Fund, established pursuant to § 32-551.01.


(Oct. 8, 2016, D.C. Law 21-160, § 1153; as added Dec. 3, 2020, D.C. Law 23-149, § 2142(c), 67 DCR 10493; Aug. 23, 2021, D.C. Act 24-159, § 4063(b), 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4063 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).


§ 32–551.03. Definitions.

For the purposes of this subchapter, the term "Act" means subchapter IV of this chapter.


(Oct. 8, 2016, D.C. Law 21-160, § 1151a; as added Dec. 3, 2020, D.C. Law 23-149, § 2142(a), 67 DCR 10493.)