(a) Subject to the provisions in subsection (b) of this section, an eligible individual, the Attorney General for the District of Columbia, or the Mayor may bring a civil action against an employer to enforce the provisions of this act in a court of competent jurisdiction; except, that a civil action for a violation of § 32-541.07(j) may only be brought against an insurer and may not be brought against an employer or self-insured employer.
(b)(1) No civil action may be commenced more than one year after the occurrence or discovery of the alleged violation of this subchapter.
(2) This one-year limitations period shall be tolled during the course of any administrative proceedings or during any period when a covered employer has failed to comply with the notice provisions of this subchapter.
(c) If a court determines that an employer violated any provision of this subchapter, § 32-509(b)(6) and (7) shall apply.
(Apr. 7, 2017, D.C. Law 21-264, § 112, 64 DCR 2121; Nov. 13, 2021, D.C. Law 24-45, § 4062(i), 68 DCR 010163.)
Section 7034 of D.C. Law 22-33 repealed § 301 of D.C. Law 21-264.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 creation of this section by § 112 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.
For temporary (90 days) amendment of this section, see § 4062(i) 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 § 2(d) of Short-term Disability Insurance Benefit Protection Emergency Amendment Act of 2021 (D.C. Act 24-90, May 26, 2021, 68 DCR 005853).
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).
For temporary (225 days) amendment of this section, see § 2(d) of Short-term Disability Insurance Benefit Protection Temporary Amendment Act of 2021 (D.C. Law 24-18, July 29, 2021, 68 DCR 006100).
Structure District of Columbia Code
Subchapter IV - Universal Paid Leave
§ 32–541.02. Establishment of a paid-leave program; rules
§ 32–541.03. Contributions to the Universal Paid Leave Fund
§ 32–541.04. Duration and amount of benefits
§ 32–541.04a. Expansion of paid-leave benefits and employer contribution rate change
§ 32–541.05. Self-employed individuals
§ 32–541.06. Administration of the paid-leave program
§ 32–541.07. Coordination of benefits
§ 32–541.09. Erroneous payments and disqualification for benefits