District of Columbia - New Paid Leave Law
 
May 14, 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 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 who has worked at least 1,000 hours during the preceding 12 months. Independent contractors, students, certain health care workers, and restaurant wait staff and bartenders working for a combination of wages and tips are not covered by the Act.

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 an employer’s employees:

• 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 by the average monthly number of full-time equivalent employees employed during the preceding calendar year.

Paid leave accrued under the Act carries over annually. However, an employee may not use more than the maximum number of hours permitted in any one-year period, unless the employer allows otherwise.

Existing Paid Leave Policies

Employers need not modify their existing paid leave policies as long as such policies provide for the accrual and use of leave on terms at least equivalent to those required by the Act.

Other Requirements and Penalties

Employers are prohibited from retaliating against employees who exercise their paid leave rights.

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 of $100 for each day the notice is not posted (up to 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.

Conclusion

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.