Paid Leave Is Coming to D.C. Here’s What to Expect

Paid family leave is coming to Washington, D.C, but you won’t get to take it just yet.

Starting on July 1, employers in the nation’s capital will begin paying a payroll tax that will fund the implementation of the Universal Paid Leave Amendment Act.

But workers won’t get to begin taking that paid leave until exactly one year later. After July 1, 2020, eligible employees in the District of Columbia will be able to take up to 16 weeks total.

Here’s what you need to know about the D.C. Paid Family Leave program.

How does D.C. Paid Family Leave work?

For workers, the benefits and obligations of D.C.’s paid leave are fairly straightforward. The payroll tax that begins next week is 0.62 percent of each paycheck, collected and paid by employers. That means you should not see your take-home pay go down. 

On July 1, 2020, eligible employees will be able take up to eight weeks to bond with a new child (includes birth, adoption and foster care), six weeks to care for a family member with a serious medical condition or two weeks to take care of their own serious medical conditions.

Paid leave may be taken intermittently, but must be taken in at least one-day increments. Workers must request paid leave from D.C.’s Office of Paid Family Leave, but must also notify their employer.

Paid leave provided under the D.C. Paid Family Leave program will run concurrently with other forms of leave, such as that provided by the Family and Medical Leave Act or the D.C. Family and Medical Leave Act. 

Who can receive D.C. Paid Family Leave?

Workers who spend more than 50 percent of their time working in Washington, D.C., for a covered employer will be eligible as long as the they have completed their work during the year prior to requesting the paid leave. 

Workers don’t have to be working within D.C. either, as time spent teleworking or telecommuting will count towards the 50 percent threshold. In most situations, an employer that pays unemployment insurance taxes for its employees will be considered a covered employer for purposes of the D.C. Paid Family Leave program.

Another benefit of the program is that it isn’t limited to just full-time employees. Seasonal and temporary workers may be eligible for paid-leave benefits, although their eligibility will depend on when their employer reports their wages, as well as when the qualifying event occurs. Self-employed individuals, including those working in the “gig economy,” can receive paid leave benefits too.

Self-employed individuals are eligible for paid leave, as long as they opt into the Paid Family Leave program and have performed more than 50 percent of their work in Washington, D.C. during the prior year. A self-employed individual can opt in online starting July 1, 2019. Self-employed individuals will need to provide documentation to support their position that they are self-employed as well as begin paying the 0.62 percent tax on their gross wages.

Will changing jobs reduce or terminate D.C. Paid Family Leave benefits?

No. As long as a worker’s new job is still with a covered employer, their paid leave benefits eligibility will be unaffected by the job change. 

How much can workers expect to receive?

Workers who are approved for paid leave will receive up to $1,000 per week, with the exact amount depending on whether or not they make more or less than 150 percent of Washington, D.C.’s minimum wage. However, paid weekly benefits will usually be between 70 percent and 90 percent of the worker’s average weekly wage (or combined wage, if working multiple jobs for covered employers). To calculate an exact amount a worker can expect per week, check out this Weekly Benefit Calculator.

What happens if an employer improperly denies benefits?

The worker may sue his or her employer and can recover lost compensation, interest, liquidated damages (this can potentially triple the lost compensation award) and reasonable attorney’s fees and court costs.

Will my employer explain how this works?

Yes. The D.C. Paid Family Leave program requires employers to post notices at the office or worksite where employment rights notices are typically posted. Additionally, the employer must remind all workers of their rights at least once a year, an individual worker within 30 days of hiring and whenever a worker provides notice of a qualifying event that will result in taking paid family leave.

For more information, please visit the website for Washington, D.C.’s Office of Paid Family Leave.

Tom Spiggle is author of the book “You’re Pregnant? You’re Fired: Protecting Mothers, Fathers, and Other Caregivers in the Workplace.” He is founder of the Spiggle Law Firm, which has offices in Arlington, Va., Washington, D.C., and Bethesda, Md., where he focuses on workplace law helping protect the rights of clients facing pregnancy and caregiver discrimination, sexual harassment and wrongful termination in the workplace. To learn more, visit: https://www.spigglelaw.com/contact.