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November 7, 2008
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New Developments in District of Columbia Employee Benefits: What Employers Should Know New Developments in District of Columbia Employee Benefits: What Employers Should Know Beginning November 13, 2008, all District of Columbia employers, regardless of size, will need to be in compliance with the Accrued Sick and Safe Leave Act of 2008 (the "Act"), passed by the D.C. Council earlier this year. The Act requires that employers, depending on their size, provide employees with 3 to 7 days per calendar year of paid sick leave. Even organizations that already provide paid sick or other leave to their employees need to review their policies to ensure they meet the specific requirements of the new law. Use of Leave Under the Act, employers must make paid leave available to their employees for all of the following purposes:
With the exception of independent contractors, students, health care workers participating in a premium pay program, and restaurant wait staff and bartenders working for a combination of wages and tips, "employees" who are eligible for paid leave are those employees covered by the District of Columbia Family and Medical Leave Act: "any individual who has been employed by the same employer for 1 year without a break in service except for regular holiday, sick, or personal leave granted by the employer and has worked at least 1000 hours during the 12-month period immediately preceding the request for family or medical leave." Under this definition, even some part-time employees will be eligible for paid leave, provided they meet the applicable service and hours requirements. Covered Family Members "Family member" is defined quite broadly and includes spouses (which includes registered domestic partners), a spouse's parents, children (including foster children and grandchildren), spouses of children, parents, brothers and sisters, and the spouses of brothers and sisters. Also included in the definition of family member are children who live with an employee and for whom the employee permanently assumes and discharges parental responsibility (even if the employee has not adopted the child). Family member also includes a person with whom the employee shares or has shared for at least the past 12 months a mutual residence and with whom the employee maintains a committed relationship; a committed relationship in this context means a familial relationship between 2 individuals characterized by mutual caring and the sharing of a mutual residence. Amount of Leave The amount of leave that an employer in the District of Columbia must provide depends on the size of the employer:
Unused leave over a 12-month period must be carried over annually, though unless an employer allows otherwise, an employee cannot use more than the maximum number of days provided in the Act. An employer is not required to reimburse employees for unused paid leave upon their termination or resignation. Notice and Certification Employees must provide reasonable notice (at least 10 days) if the need for paid leave is foreseeable. In emergencies, employees are supposed to provide notice prior to the start of the next work shift or within 24 hours of the emergency, whichever is sooner. Employers may request reasonable certification of the need for paid leave for absences of 3 or more consecutive days. More frequent certifications may be requested if there is evidence of a pattern of abuse of paid leave. The DC government will be issuing a notice about the requirements of the law, which employers will be required to post once it is available. Existing Leave Programs If an employer has an existing paid leave program that meets the requirements of the law in terms of eligibility, amount, and purposes for which paid leave can be used, the employer is not required to modify its program. The existing paid leave program could be a sick leave program and/or a vacation leave and/or a personal leave program. However, the description of these programs needs to make clear that leave is available for all of the purposes available under the Act and that any advance notice requirements do not apply when leave is used for such purposes and is not foreseeable. Outside the Nation's Capitol Employers who have employees outside of DC should also be aware of other jurisdictions that require that paid leave be made available to employees of certain employers. At the vanguard, San Francisco's city ordinance governs businesses and employees within the geographic boundaries of the city. There, employees accrue one hour of paid sick leave for every 30 hours worked. Accrual is capped at 40 and 72 hours of accrual, according to the size of the business. New Jersey also recently mandated certain employee benefits: Governor Corzine approved a family leave insurance bill that extends the state's existing Temporary Disability Insurance program, and permits up to 6 weeks of leave for the purposes of caring for a sick family member or a newborn or newly adopted child. Employee contributions begin January 1, 2009, and benefits will become available July 1, 2009. Washington State also passed a law providing for 5 weeks paid family and medical leave for the purposes of birth or adoption of a child. The law took effect June 1, 2008, with no benefits paid until October 1, 2009. Other jurisdictions are considering new or expanded employee benefits as well. By Sara Tosdal  This publication is designed to provide accurate and authoritative information about the subject matter covered. It is not distributed with the intent to render legal, accounting, or other professional advice. The services of a competent professional should be sought if legal advice or other expert assistance is required. Newsletter Home | HarmonCurran Home | |