Sick and Safe Leave Act Revisions Take Effect: District of Columbia (DC)

Sick and Safe Leave Act Revisions Take Effect: District of Columbia (DC)

DC-Accrued-Sick-Leave-600x177Revisions to the DC Accrued Sick and Safe Leave Act of 2008 (SSLA), which were adopted in February of 2014, became fully effective with the recent adoption of the 2015 budget for the District. The Act requires employers in DC to provide paid leave to employees (categories listed below) for their own or family members’ illnesses or medical appointments and for absences associated with domestic violence or sexual abuse.

Revised Poster Must be Posted in Workplace

The revised “Official Notice” poster must be placed in a conspicuous location (lunchroom, restroom) where it can be easily read by employees; throughout workplaces in the District of Columbia (DC). Please review the changes with your HR department. The new “Official Notice” poster contains many changes.

ACCRUED SICK AND SAFE LEAVE ACT OF 2008 – REVISED 2014 POSTER

 Who is Affected by the DC Sick and Safe Leave Act Amendments

  • All employers in the District of Columbia must provide paid leave to each employee, including employees of restaurants and bars and temporary and part-time employees.
    • The new law also extends paid sick and safe leave benefits to both temporary workers and tipped employees not covered in the original 2008 legislation. These workers are covered regardless of the employer’s size.
    • The new law expands the number of covered workers as seen below:

If an Employer has  …                   Employees Accrue at Least…                 Not to Exceed…


100 or more employees                        1 hour per 37 hours worked                            7 days per calendar year

25 to 99 employees                                1 hour per 43 hours worked                            5 days per calendar year

Less than 25 employees                       1 hour per 87 hours worked                           3 days per calendar year

 

Employers: What You Should Know

  • Review your paid time off (PTO) policies to ensure compliance with the amended law as stiff penalties apply.
  • Employers must keep records relating to the administration of your SSLA policy for at least three (3) years in order to ensure compliance.
  • ACCRUAL START DATE and ACCESSING PAID LEAVE: Understand when paid leave accrues for your employees:
    • Paid leave accrues at the beginning of employment (not prior to 11/13/08) and  (not prior to 2/22/14) for tipped restaurant or bar employees. See the Official Notice
    • Employees must be allowed to use paid leave (accrued) no later than after 90 days of service, and may used leave on short notice if the reason is unforeseeable.
  • UNUSED LEAVE
    • The employee’s paid sick leave accrues, and carries over from year to year.
    • Employers do NOT have to pay employees for unused paid sick leave upon termination or resignation of employment.

HR COMPLIANCE AUDIT

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FosterThomas is a leading professional services company that provides solutions in the areas of Human Resources Consulting and Outsourcing, HR Staffing, Outsourced Recruiting, Employee Benefits Brokerage, Payroll Implementation and Services, HR for Government Contractors, Business Insurance, HR Compliance and Risk Management. We help organizations by providing solutions designed with a focus on cost containment strategies and increasing HR efficiency. FosterThomas HR Consulting was established in 1993 with offices in Annapolis, Maryland (Corporate), McLean, Virginia and Raleigh, North Carolina. Today, FosterThomas occupies a unique position as a full service provider of HR services.

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