labor lawAdivision of labor law center

The controversial Accrued Sick and Safe Leave Act of 2008 went into effect late in 2008 in the District of Columbia.

 

Human Resources professionals are watching closely because this new act requires employers to provide mandatory paid sick leave.

 

Such paid sick leave may become the next hot labor topic. Employers may comment on the new regulation. After that, the D.C. Department of Employment Services or DOES will release the regulations and their accompanying (and long-awaited) FAQ guidelines.

 

The new act actually went into effect November 13, 2008. The DOES, however, just recently issued regulations for employers to follow.

 

The new law mandates that all eligible employees working in the D.C. area must be given paid sick leave for any absences that are connected to either mental or physical illnesses. Employers must also give paid time off for what is called preventative medical care, or for family care.

 

The act has a provision requiring employers to give paid “safe leave” to workers threatened by domestic violence, stalking, or sexual abuse.

 

Details released recently by the DOES help to clarify some of the details of the proposed new Accrued Sick and Safe Leave Act, and may help end some of the confusion surrounding the legislation. For example, an employee is eligible if he or she spends more than 50% of his or her working time in the District of Columbia.

 

Eligible workers must also have accumulated one year of continuous service and a minimum of 1,000 hours of work during the previous 12-month period.

 

Workers begin accruing the leave on their hire dates, but not sooner than November 13, 2008. Furthermore, workers were unable to start using the sick leave until February 11, 2009.

 

The new act is considered a hot topic among employers and Human Resources professionals throughout the U.S., and many companies nationwide are watching D.C. carefully to see how the legislation plays out in the workplace. Already, similar mandatory paid sick leave plans have been narrowly defeated in a number of state legislatures during the past two years.

 

D.C. employers are encouraged to comment on the regulation during the comment period.

 

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