labor lawAdivision of labor law center

Employers throughout the U.S. are carefully watching what is happening these days in the District of Columbia.

 

D.C. has approved a controversial new act known as the Accrued Sick and Safe Leave Act of 2008, which essentially requires employers to provide paid sick leave to their workers. The act may be the harbinger of paid sick leave elsewhere, and has become an important topic among HR professionals.

 

Employees who would be eligible are those who, first of all, spend at least 50% of their work time in the District of Columbia. They must also have accumulated a year of continuous service and at least 1,000 hours of work in the previous 12 months, under the proposed act.

 

The new law is quite broad. Employers would be required to give paid sick leave to any of these eligible employees for any absences connected with physical or mental illness. Paid time off must also be given for preventative medical care or family care.

 

The details of the act can be confusing to both employers and employees. For example, the law actually went into effect on November 13, 2008.

 

The regulations detailing procedures for employers, however, were only recently released. To compound the confusion, there were seemingly conflicting statutes about when an employee actually starts accruing the leave, as well as when the leave could actually be taken.

 

The new proposals put forth by the Department of Employment Services or DOES clarify some of these confusions. For example, a worker may begin accruing the leave starting on his or her hire date, or starting on November 13, 2008, whichever is more recent.

 

The leave may not be used until the 1,000 hours or one year of service, however. They were not allowed to begin taking it before February 11 of 2009.

 

Employers may now comment on the “proposed” act. Following the comment period, the DOES will distribute the final rules. A long-awaited FAQ guide will also be released.

 

The D.C. measure requires employers to give “safe” leave to workers plagued by stalking, domestic violence, or sexual abuse.

 

Several states nationwide have defeated measures like the 

Accrued Sick and Safe Leave Act of 2008 by narrow margins.

 

 

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