10 Key Questions About Leave Laws in the District of Columbia (DC)

The District of Columbia adheres to four main leave laws that provide employees with time off for personal, family, and medical needs.

These include the federal Family and Medical Leave Act (FMLA) and the District of Columbia Family and Medical Leave Act (DCFMLA). While both FMLA and DCFMLA provide eligible employees with unpaid, job-protected leave for qualifying family and medical reasons, the DCFMLA is more generous in its eligibility criteria and leave entitlement.

Another major law is the Universal Paid Leave Amendment Act (UPLA), which funds the DC Paid Family Leave (PFL) program. DCPFL provides paid time off for parental, family caregiving, personal medical needs, and prenatal care.

The District of Columbia also requires employers to comply with the Accrued Sick and Safe Leave Act (ASSLA) and the Earned Sick and Safe Leave Amendment Act, which provide paid sick leave for personal illness, family caregiving, or situations involving domestic violence or sexual abuse.

In addition, DC employees are entitled to time off for serving on a jury and voting in elections.

Leave laws in the District of Columbia (DC) offer employees different types of leave, which include:

• Family and Medical Leave: Under the FMLA, eligible employees of covered employers in the District of Columbia receive up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain family and medical reasons. FMLA also offers 26 weeks of military caregiver leave in a 12-month period.
• DC Family and Medical Leave: Under the DCFMLA, employers in the District of Columbia with 20 or more employees must provide eligible workers with 16 weeks of unpaid family and 16 weeks of unpaid medical leave within a 24-month period. This leave is job-protected and can be used for an employee’s own serious health condition, to care for a seriously ill family member, or for childbirth, adoption, or foster care placement. To qualify for DCFMLA, an employee must have worked for their employer continuously for at least one year and completed at least 1000 hours of service in the 12 months preceding the leave. Employees may substitute any accrued paid leave for unpaid time off during this period.
• DC Paid Family Leave (DCPFL): Eligible private-sector employees in DC receive paid leave benefits for up to 12 weeks for parental, family, and medical needs, and up to two weeks of prenatal care leave, under the DC Paid Family Leave program. To qualify, workers must spend at least 50% of their work time in the District of Columbia for a covered employer.
• Paid Sick Leave: Under the Accrued Sick and Safe Leave Act (ASSLA) and the Earned Sick and Safe Leave Amendment Act, certain employees who spend at least 50% of their work time in the District of Columbia are entitled to paid sick leave. This leave can be used for personal illness, caring for an ill family member, or issues related to domestic violence or sexual abuse. Leave accrual rates and maximum caps depend on employer size, ranging from three to seven paid days per year.
• Jury Duty Leave: District of Columbia employees can take job-protected time off to serve on jury duty. Under certain conditions, employees who serve as a full-time juror for up to five days may receive their regular pay minus any jury service fee they earned. They must also be employed by a company with more than ten employees.
• Voting Leave: In the District of Columbia, employees are entitled to at least two hours of paid leave to vote in person in any election, either in DC or in their home jurisdiction if they are not a DC resident. Employers cannot deduct from an employee’s wages or vacation time for this absence and are prohibited from interfering with or retaliating against an employee for using this leave.

The duration of employee leave depends on the specific District of Columbia leave law governing the leave type.

• FMLA Leave: Up to 12 workweeks of family and medical leave, and up to 26 workweeks of military caregiver leave in a 12-month period.
• DC Family and Medical Leave: Up to 16 weeks of family and 16 weeks of medical leave without pay, during a 24-month period.
• DC Paid Family Leave: Up to 12 weeks of paid leave to care for an employee’s own or their family member’s serious health condition, or bond with a new child, and up to two weeks of paid leave for prenatal care.
• Paid Sick Leave: The leave accrual rate and maximum cap depend on employer size, ranging from three to seven days of paid leave per calendar year.
• Jury Duty Leave: Unpaid leave for the duration of jury service. Up to five days of paid leave for certain employees.
• Voting Leave: At least two hours of paid leave to vote in person in an election in DC or the employee’s home jurisdiction.

In the District of Columbia, the amount of paid sick leave an employee receives depends on the size of their employer.

• Employers with 1-24 employees: An employee earns one hour of paid leave for every 87 hours worked, capped at three days per calendar year.
• Employers with 25-99 employees: An employee earns one hour of paid leave for every 43 hours worked, capped at five days per calendar year. Tipped restaurant and bar employees also fall into this category, regardless of the employer’s size, and earn up to five days of leave per year.
• Employers with 100 or more employees: An employee earns one hour of paid leave for every 37 hours worked, capped at seven days per calendar year.

Yes. Part-time employees who spend at least 50% of their time working in the District of Columbia are entitled to paid sick leave under the Accrued Sick and Safe Leave Act. The amount of leave is calculated on the average hours worked per day.

In addition, part-time employees may qualify for unpaid, job-protected family and medical leave under the DCFMLA. To qualify for this leave, part-time employees must have worked for a covered employer in DC for at least 12 months within the past seven years, and have worked at least 1,000 hours within the last 12 months.

Yes, employees in the District of Columbia get paid while on leave under various leave laws.

Under the DC Paid Family Leave program (DCPFL), eligible private-sector employees get paid leave benefits during parental, family, medical, and prenatal leave. The benefit amount is based on an employee’s wages and is calculated as follows:

• Employees who earn up to 1.5 times x $17.95 per hour (DC’s minimum wage), which is $26.92 per hour, can receive 90% of their earnings.
• Employees who earn more than $26.92 per hour can receive 50% of their earnings.

DC employees are also entitled to their regular wages while they are on paid sick leave under the Accrued Sick and Safe Leave Act.

In addition, certain employees summoned for full-time jury duty are entitled to their regular wages for up to five days of service if they work for an employer with over 10 employees in the District of Columbia.

Under both the federal FMLA and the DC Family and Medical Leave Act (DCFMLA), employers must continue an employee’s group health insurance coverage during qualifying unpaid leave. The coverage must remain under the same terms as before the leave began. However, the employee will be required to pay their share of the premiums while on leave.

Yes. Under the Accrued Sick and Safe Leave Act (ASSLA), the District of Columbia employees can carry over their unused paid sick leave from year to year. However, regardless of the amount of leave carried over, an employee cannot use more than their annual accrual cap, i.e., three to seven days per calendar year, based on their employer’s size.

Yes, employees can be fired while on leave in the District of Columbia, as it is an “at-will” employment doctrine, which means employers can terminate employees for any reason that doesn’t break any federal or state law or violate contracts.

However, an employee cannot be fired for taking certain types of protected leave, such as FMLA and DCFMLA leave. But the employee can still be terminated for other legitimate reasons while they are on leave, as long as the reason for the firing is not retaliatory or discriminatory.

If an employee’s leave rights are violated in the District of Columbia (DC), the employee can take an action depending on the specific leave law involved.

Violations of Paid Sick Leave Rights

If an employer violates the Accrued Sick and Safe Leave Act (ASSLA), such as by denying paid sick leave, underpaying wages, or wrongfully terminating an employee, the employee can file a complaint with the Office of Wage-Hour (OWH). The District has the authority to:

• Order the employer to pay fines, which can range from $1,000 to $2,000 per offense.
• Order the employer to reinstate a wrongfully terminated employee.
• Require the employer to pay the employee for any withheld sick leave.

Violations of DCFMLA Rights

For violations related to the DC Family and Medical Leave Act (DCFMLA), such as retaliation for requesting or taking leave, an employee can file a complaint with the DC Office of Human Rights or the DC Superior Court. This action must be taken within one year of the violation.

Violations of Jury Duty Leave Rights

The District of Columbia protects employees from being terminated or retaliated against for serving jury duty. If this right is violated, an employee can file a civil action within nine months to seek reinstatement, recover lost wages, and claim damages. Employers found guilty can face severe penalties, including:

• A fine of up to $300 and/or up to 30 days of imprisonment for the first offense.
• A fine of up to $5,000 and/or up to 180 days of imprisonment for subsequent offenses.