labor lawAdivision of labor law center

The District of Columbia recently released rules that will end employer’s confusion regarding the controversial Accrued Sick and Safe Leave Act of 2008.

 

That law requires all employers to provide paid sick leave to eligible employees working in the District of Columbia for any absences related to physical or mental illness. The law also requires employers to give workers paid time off for preventative medical care or family care.

 

One of the more unusual aspects of the law is that it requires employers to give “safe” leave to employees who are associated with stalking, domestic violence or sexual abuse.

 

The Accrued Sick and Safe Leave Act of 2008 went into effect on November 13, 2008. However, the D.C. Department of Employment Services or DOES just recently issued regulations for employers to follow.

 

Employers can comment on the “proposed” rules. Once the comment period is passed, DOES will release final regulations and a long-awaited FAQ guide.

 

The proposed rules clarify conflicting statutes regarding when an employee begins accruing leave and when leave can be taken.

 

Under the law, an employee is an individual who spends more than 50% of his or her work time employed in the District of Columbia, may accrue leave beginning on the hire date, but not before November 13, 2008.

 

An employee is not eligible to use that leave, however, until he or she has completed one year of continuous service and at lest 1000 hours of work during the previous 12-month period.

 

Adding a further wrinkle to the issue, the regulations say that employees cannot begin accessing leave until February 11, 2009.

 

Employers across the nation are watching developments in D.C. carefully. Mandatory paid sick leave may be the next hot topic in the HR world, as a number of states have narrowly defeated such measures in the past two years.

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1. Posted by: Samuel A. Jennings

   For the past 25 years I have been employed as an Amtrak conductor based in Washington, DC where I have lived since 2001. Am I entitled to paid sick leave?

2. Posted by: Amelia

   HI Samuel! That’s a darn good question. The answer will depend partly upon where the employer is based, not where you are based. For example, if you are considered an employee of the Amtrak office in nearby Virginia, then where you live may be irrelevant. You would not be entitled to sick leave.
   Many local, state and even federal employment laws do not apply to the railroads. Also, because this is a new law, it has not been tried in court yet. If you are working under a union contract, no one really knows if the contract will take precedence over this law.
   Your best bet is to contact the D.C. DOES, or Department of Employment Services, for more info. A link to that site is in the article above. HTH, and thanks for reading the blogs!~ Amelia