§ 32–541.09. Erroneous payments and disqualification for benefits.

*NOTE: This section includes amendments by emergency legislation that will expire on October 13, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a) An individual who intentionally makes a false statement or misrepresentation regarding a material fact, or who intentionally fails to report a material fact, to obtain a benefit under this subchapter is disqualified from receiving paid-leave benefits under this subchapter for a period of 3 years.

(b) If paid-leave benefits provided for in this subchapter are paid erroneously or as a result of willful misrepresentation, or if a claim for paid-leave benefits is rejected after benefits are paid, the Mayor shall seek repayment of benefits from the recipient; provided, that the Mayor may exercise his or her discretion to waive, in whole or in part, the amount of any such payments when the recovery would be against equity and good conscience.

(c)(1) If the Mayor obtains repayment of benefits from an individual who has made a willful misrepresentation or otherwise perpetrated fraud to obtain paid-leave benefits provided for in this subchapter, the Mayor shall distribute a proportional share of the recovered amount to each covered employer who made payments to the District on behalf of that individual during the period that he or she improperly obtained benefits.

(2) For the purposes of paragraph (1) of this subsection, a covered employer's proportional share of the recovered amount shall be equal to the amount paid to the District by that covered employer on behalf of the individual during the period that he or she improperly obtained benefits, expressed as a percentage of the total amount paid to the District by all covered employers on behalf of the individual during the period that he or she improperly obtained benefits.