Washington, D.C. paid sick leave law is outlined in the Accrued Sick and Safe Leave Act, which requires employers to provide up to 7 days of paid sick and safe leave annually under D.C. Code §§ 32-531.01. The amount of leave varies based on employer size, creating a tiered system that balances worker protection with business capacity.
The law establishes comprehensive protection for workers while setting clear guidelines for both employers and employees. These requirements ensure broad coverage across the District while accounting for the different capabilities of businesses of varying sizes.
Common Questions About Washington, D.C. Paid Sick Leave
Understanding Washington, D.C. paid sick leave requirements is essential for maintaining workplace compliance and supporting employee well-being. The law establishes specific guidelines based on employer size while providing comprehensive worker protections. Here’s what you need to know to stay compliant.
Who can take paid sick leave in Washington, D.C.?
All employees working in D.C. can take this leave, except for independent contractors.
Which employers have to provide this leave?
All employers must provide this leave to D.C. employees, with requirements varying based on the average number of monthly full-time employees from the previous calendar year.
How much leave do employers need to provide?
Leave accrual varies by employer size. Employers with 24 or fewer employees must provide one hour of paid leave for every 87 hours worked, up to 3 days per year. Those with 25-99 employees must provide one hour for every 43 hours worked, up to 5 days annually. Employers with 100 or more employees must provide one hour for every 37 hours worked, up to 7 days per year. Tipped employees accrue one hour for every 43 hours worked, up to 5 days annually, regardless of employer size. Exempt employees don’t accrue leave for hours worked beyond 40 per week.
What can Washington, D.C. paid sick leave be used for?
Employees can use leave to address their own physical or mental illness, injury, or medical condition, including obtaining medical care, diagnosis, or preventative care. The leave also covers caring for a child, parent, spouse, domestic partner, or other family member with similar health needs. Additionally, employees can use leave when they or their family members are victims of stalking, domestic violence, or sexual abuse to obtain medical, social, or legal services.
Can employers limit how many hours of sick leave employees use in a year?
Annual usage limits vary by employer size. Employers with 24 or fewer employees can limit use to 3 days per year, those with 25-99 employees can limit to 5 days, and those with 100 or more employees can limit to 7 days. Tipped employees can be limited to 5 days annually regardless of employer size.
Can employers provide all the leave at once instead of letting it accrue?
The law does not specifically address whether frontloading is allowed.
Do employers have to carry over unused leave?
Employees can carry over all accrued and unused leave to the next year, though they remain subject to annual usage caps based on employer size (3, 5, or 7 days).
What is the smallest amount of leave an employee can use?
Employees can take leave in one-hour increments.
What notice do employers and employees need to provide?
For foreseeable leave, employees must submit a written request at least 10 days before the leave starts, including the reason and expected duration. For unexpected leave, employees must notify their employer before their scheduled shift begins. In emergencies, notice must be given before the next shift or within 24 hours of the emergency’s start, whichever comes first. Employers must display a poster informing employees of their paid sick leave rights in a visible location.
What verification can employers ask for?
For absences of three or more consecutive days, employers can require reasonable verification. This may include a healthcare provider’s signed note, a police report for stalking or abuse cases, a court order, or a signed note from a domestic violence counselor. Employees must provide verification upon returning to work.
Are employees’ jobs and benefits protected when they take this leave?
Yes, employees’ jobs are protected when taking this leave. While unused leave isn’t paid out at separation, employers must reinstate previously accrued leave if employees are rehired within one year.
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Navigating Washington, D.C. paid sick leave requirements can be complex, especially with varying requirements based on employer size. SixFifty’s solutions streamline the process, ensuring your policies align with District requirements while reducing the administrative burden on your HR team. We’re here to keep you compliant—even as paid sick leave laws change.
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Looking for paid sick laws for a different state? View our interactive map for paid sick leave laws and requirements by state.
