The District of Columbia has enacted emergency legislation (B24-404) requiring employers to provide paid leave to employees for the time they, or their minor child, spend obtaining and recovering from COVID-19 vaccination. These changes took effect immediately on November 18, 2021 and expire on February 3, 2022, unless extended.
The emergency legislation also extends an expansion of the D.C. Family and Medical Leave Act (DCFMLA).
Vaccination and Recovery Leave:
Covered Employees:
An employer must provide the paid vaccination and recovery leave to any employee who commenced work for the employer at least 15 days before the request for leave.
Amount of Leave:
The emergency legislation amends the District of Columbia’s Accrued Sick and Safe Leave Act to entitle employees to up to two hours of paid leave per injection to obtain, or for a child under the age of 18 to obtain, the COVID_19 vaccine, including any boosters. Employees are also entitled to up to eight hours of paid leave per injection so they can recover, or care for a child who is recovering, from the side effects of COVID-19 vaccination.
Note: An employee is entitled to no more than 48 hours of paid leave, in the aggregate, in a year under the Accrued Sick and Safe Leave Act.
Relationship to Other Leave Policies:
Generally, the paid vaccination and recovery leave required by the emergency legislation must be in addition to any other paid leave an employer provides an employee under an existing leave policy.
Extension of Changes to DCFMLA:
By way of background, prior legislation amended the DCFMLA to add a new category of leave called COVID-19 leave. Unlike with the other types of DCFMLA leave, all employers with employees in the District of Columbia must provide COVID-19 leave. Additionally, all employees who have worked for their current employer for at least 30 days are eligible for COVID-19 leave. These changes were set to expire on November 5, 2021. The emergency legislation extends the changes to cover the period from November 5, 2021 to February 3, 2022, unless extended further.
The emergency legislation also amends the covered reasons for COVID-19 leave slightly. As of November 5, 2021, employees may use this leave if the employee is unable to work because the employee:
- Has tested positive for COVID-19 or is caring for a family member or individual with whom the employee shares a household who has tested positive for COVID-19 and must quarantine under Department of Health guidelines;
- Has a recommendation from a healthcare provider or a directive from an employer that the employee isolate or quarantine due to COVID-19, including because the employee or an individual with whom the employee shares a household is at high risk for serious illness from COVID-19;
- Must care for a family member or an individual with whom the employee shares a household, who is isolating or quarantining under Department of Health guidance, the recommendation of a healthcare provider, or the order or policy of the family member’s or individual’s school or childcare provider; or
- Must care for a child whose school or place of care is closed or whose childcare provider is unavailable to the employee due to COVID-19.
The leave may be unpaid.
Amount of Leave:
An employee may use no more than 16 weeks of leave in the 2-year period beginning on the effective date of the emergency legislation (November 18, 2021).
Notice and Certification:
An employer may require reasonable certification and advance notice of the need for COVID-19 leave. See the text of the law for details.
Compliance Recommendations:
Employers with employees in DC should ensure compliance with the leave requirements and display up-to-date notices in the workplace. For details on the emergency legislation, go here. For details on COVID-19 leave under the DCFMLA, go here. Please contact your dedicated service professional with any questions.