labor lawAdivision of labor law center

The District of Columbia Family Medical and Leave Act is in place to protect employees in the event of a personal emergency or medical situation. I have discovered that DC laws are broader than those of the federal laws, giving more time off for a wider variety of situations. 

The DC laws cover employers with 20 or more workers. The employee must have worked at least 12 months for at least 1,000 hours. An employee may take 16 weeks of unpaid leave during a 24-month period for:

• A new child (birth or the placement of a child for adoption or foster care)
• Family leave (care of serious medical condition for a person related by blood, legal custody or marriage, or person with whom the employee has shared a mutual residence in the last year and with whom the employee maintains a committed relationship)

I found it surprising that a further 16 weeks can be taken for an employee’s own serious health condition, for a total of 32 weeks combined for personal and family leave time.

Employees must inform their employer at least 30 days prior to the date of leave, or if in an emergency, as soon as possible.  Employees have a year to take birth or adoption leave. Leave must be shared by family members working for the same employer. An employee may need to supply a medical certification if leave is for a serious health condition.

I know that serious health medical conditions are defined as any illness, injury, impairment, or physical or mental condition that results in more than a three-day absence, or involves inpatient care in a hospital, hospice, or residential medical-care facility. Any incapacity related to pregnancy or for prenatal care is also covered.

Intermittent leave may be taken when a family member or the employee himself or herself has a serious health condition. An employee may use their accrued vacation, personal, or sick paid leave to be paid during time off. Health insurance must continue under the same conditions as those prior to the leave.

Once they return, an employee must be restored to the same position or one equivalent to it in all benefits and other terms and conditions of employment. If an employee thinks they’ve been denied their rights, they have a year to file a complaint with the District of Columbia Office of Human Rights.

The Leave of Absence laws are detailed further on the District of Columbia Complete Labor Law poster. It provides information on both state and federal labor laws. 

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