District of Columbia City Council Passes Accrued Sick and Safe Leave Act of 2008
 
March 20, 2008
 
Mark E. Baker- Northern Virginia
Jonathan E. "Jon" O'Connell- Northern Virginia

Many District of Columbia employers will soon be obligated to provide their employees with paid sick leave pursuant to legislation recently approved by the District of Columbia City Council. The Accrued Sick and Safe Leave Act of 2008 (the Act) requires employers to provide covered employees with accrued paid leave for personal or family member illnesses, as well as for absences associated with domestic violence or sexual abuse.

Covered Employees and Employers

Under the Act, a covered “employee” is defined as an individual who has been employed by the same employer for one year without a break in service (except for regular leave granted by the employer) and has worked at least 1,000 hours for the employer during the preceding 12 months. The Act excludes from coverage independent contractors, students, certain health care workers, and restaurant wait staff and bartenders working for a combination of wages and tips.

With regard to employers, the Act extends to both for profit and not-for-profit businesses and organizations.

Amount of Paid Leave

The amount of paid leave available is determined by the number of employees employed by the employer and is defined as follows:

• an employer with 100 or more employees must provide at least one hour of paid leave for every 37 hours worked, not exceeding seven days per calendar year
• an employer with at least 25 but not more than 99 employees must provide at least one hour of paid leave for every 43 hours worked, not exceeding five days per calendar year
• an employer with 24 or fewer employees must provide at least one hour of paid leave for every 87 hours worked, not exceeding three days per calendar year

The number of employees who work for an employer is determined based on the average monthly number of full-time equivalent employees employed by the employer during the preceding calendar year.

Paid leave accrued by covered employees during a 12-month period carries over annually. However, an employee may not use more than the maximum number of hours permitted under the Act in any one year period, unless the employer permits otherwise.

Existing Paid Leave Policies

Employers with existing paid leave policies need not modify such policies as long as they offer employees the option to accrue and use leave based on terms and conditions equivalent to those provided by the Act. Employers also may adopt more generous paid leave policies than what is prescribed in the Act.

Other Requirements and Penalties

Employers are required to post a summary of the Act in a conspicuous location in the workplace. Willful violations of this requirement may result in a civil fine not exceeding $100 for each day the notice is not posted (not to exceed a maximum of $500).

Employers who willfully violate the Act may be assessed a civil fine of $500 for the initial offense; $750 for the second offense; and $1,000 for the third and each additional offense. Further, the Act expressly prohibits employers from retaliating against employees attempting to exercise their paid leave rights.

Exemptions

The Act provides a procedure by which the mayor of the District of Columbia may propose exemptions from the law. Such exemptions, however, are subject to city council review and are not likely.

Conclusion

Following approval by the mayor of the District of Columbia, the Accrued Sick and Safe Leave Act of 2008 will become effective if Congress does not take steps to block the legislation within a 30-day legislative review period. After its effective date, employers will have a six-month period before the law becomes enforceable. If passed into final law, the District of Columbia will join San Francisco as the second city in the country with a law requiring employers to provide paid sick leave to their employees.

Human resources departments in the District of Columbia should begin analyzing their work forces and implementing procedures to comply with the Act. Additionally, given the relatively complex text of the legislation, employers should consult with legal counsel to ensure their procedures are compliant.

For more information, email Mark E. Baker or Jonathan E. O’Connell at mark.baker@hklaw.com or jonathan.oconnell@hklaw.com, respectively, or call toll free, 1.888.688.8500.