DISTRICT OF COLUMBIA PASSES LAW REQUIRING EMPLOYERS TO PAY SICK LEAVE
On March 4, 2008, the D.C. Council passed the Accrued
Sick and Safe Leave Act of 2008 (“ASSLA”)
becoming only the second city in the U.S., after San Francisco,
to enact such a law. ASSLA requires District employers to
provide paid leave to employees because of physical or mental
illness, preventative medical care, to care for a family
member who is sick or seeking preventative medical care,
and certain absences related to domestic or sexual violence.
The number of paid leave days available to an employee depends
on the size of the employer.
The Act takes effect following approval by the Mayor (or
Council override of a Mayor’s veto, if any), a 30-day
period of Congressional review so long as Congress does
not revise the law, and publication in the D.C. Register.
How much paid leave is available?
• Employers with 100 or more employees will
be required to provide employees at least 1 hour paid leave
for every 37 hours worked, up to 7 days per calendar year.
• Employers with 25 – 99 employees will be
required to provide employees at least 1 hour paid leave
for every 43 hours worked, up to 5 days per calendar year.
• Employers with 24 or fewer employees will be required
to provide employees at least 1 hour paid leave for every
87 hours worked, up to 3 days per calendar year.
• Exempt employees under the FLSA do not accrue leave
for hours worked beyond a 40-hour workweek.
For what purpose is paid leave available?
• When an employee or his/her family member (spouse,
domestic partner, parents of a spouse, children, spouses
of children, parents, brothers, sisters, spouses of brothers
or sisters) is sick.
• When an employee or his/her family member needs
medical care, including preventative medical care.
• When an employee or his/her family member is a
domestic or sexual violence victim and needs to seek medical
care, shelter, counseling, legal action, or other services
related to the domestic or sexual violence.
Are all employees covered?
• The Act defines an employee as an individual who
has been employed for at least one year and who has worked
at least 1,000 hours during the twelve months prior to the
request for leave.
• Students (as defined by the law), independent contractors,
or health care workers who choose to participate in a “premium
pay program” (by which an employee elects to receive
extra pay instead of benefits) are not considered employees
eligible for benefits under the Act.
Notification Requirements
• If leave is foreseeable, the employee must provide
at least ten days written notice.
• If leave is unforeseeable, oral notice is allowed.
• In the case of an emergency, the employee should
notify the employer the earlier of prior to the start of
the next shift or within 24 hours of the onset of the emergency.
Are there penalties for non-compliance?
• Employers may not discharge or discriminate against
an employee who uses paid leave, opposes any practice by
an employer made unlawful under ASSLA, or files legal proceedings
seeking to enforce rights under the new law.
• Employers who violate the law will be subject to
a civil penalty of $500 for the first offense, $750 for
the second offense, and $1,000 for the third and every subsequent
offense.
Is accrued leave lost if not used? What happens
on termination?
• Unused accrued paid leave is carried over annually,
but an employee is not permitted to use in one year more
than the maximum number of days earned per year (3, 5 or
7) unless the Employer permits such use.
• Unused accrued paid leave is not a terminable benefit.
What should Employers do to comply with ASSLA?
• Once ASSLA becomes effective, Employers should
review current leave policies and modify such policies to
come into compliance with the new law.
• Those Employers subject to collective bargaining
agreements that do not provide paid leave as required by
this law must be sure to come into compliance on the earlier
of the termination of the Agreement or 18 months following
the Act’s effective date.
• Post and maintain in a conspicuous place the Notice
to be promulgated by the Mayor setting forth a summary of
the Act. (The posting requirement does not apply until the
Mayor issues the Notice.)
Shawe
Rosenthal, LLP provides this publication for informational
purposes, and it should not be construed or relied upon
as legal advice. You should contact your Shawe Rosenthal,
LLP lawyer to discuss any questions that you may have concerning
your own situation.
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