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§ 9-4106. Exercise Of Rights Protected; Retaliation Prohibited.

(1) It shall be unlawful for an employer or any other person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this Chapter.

(2) An employer shall not take retaliatory personnel action or discriminate against an employee because the employee has exercised rights protected under this Chapter. Such rights include but are not limited to the right to use sick time pursuant to this Chapter; the right to file a complaint or inform any person about any employer's alleged violation of this Chapter; the right to cooperate with the Agency in its investigations of alleged violations of this Chapter; and the right to inform any person of his or her potential rights under this Chapter.

(3) It shall be unlawful for an employer's absence control policy to count sick time taken under this Chapter as an absence that may lead to or result in discipline, discharge, demotion, suspension, or any other adverse action; provided, however, that nothing in this subsection shall prevent an employer from taking an action against an employee who uses sick time under this Chapter for purposes other than those enumerated in § 9-4105(1).

(4) Protections of this Section shall apply to any person who mistakenly but in good faith alleges violations of this Chapter.

(5) There shall be a rebuttable presumption of unlawful retaliation under this Section whenever an employer discharges, suspends, demotes, or takes other adverse action against a person within 90 days of when that person:

(a) files a complaint with the Agency or a court alleging a violation of any provision of this Chapter;

(b) informs any person about an employer's alleged violation of this Chapter;

(c) cooperates with the Agency or other persons in the investigation or prosecution of any alleged violation of this Chapter; or

(d) opposes any policy, practice, or act that is unlawful under this Chapter.

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Keywords
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right
time
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