District of Columbia Leave Laws

The District of Columbia has a broad leave framework that includes DC Paid Family Leave, DC Family and Medical Leave Act leave, Accrued Sick and Safe Leave, voting leave, jury duty leave, and other short-term protected absence rights. The key compliance distinction is that DC Paid Family Leave provides wage replacement, while job protection generally comes from a separate law, such as the DC Family and Medical Leave Act, federal FMLA, or another protected-leave statute.

DC Paid Family Leave currently provides paid benefits for parental leave, family leave, medical leave, and prenatal leave. DC FMLA provides a separate unpaid, job-protected leave entitlement for family and medical leave in a 24-month period. A compliant DC leave workflow should evaluate wage replacement and job protection separately and coordinate them when both apply.

District of Columbia Leave Laws

The District of Columbia has a broad leave framework that includes DC Paid Family Leave, DC Family and Medical Leave Act leave, Accrued Sick and Safe Leave, voting leave, jury duty leave, and other short-term protected absence rights. The key compliance distinction is that DC Paid Family Leave provides wage replacement, while job protection generally comes from a separate law, such as the DC Family and Medical Leave Act, federal FMLA, or another protected-leave statute.

 

DC Paid Family Leave currently provides paid benefits for parental leave, family leave, medical leave, and prenatal leave. DC FMLA provides a separate unpaid, job-protected leave entitlement for family and medical leave in a 24-month period. A compliant DC leave workflow should evaluate wage replacement and job protection separately and coordinate them when both apply.

Job Protected Entitlements

Leave TypeDC Law/ ProgramJob ProtectedPaid LeaveCovered EmployersEmployee EligibilityDuration
DC Family LeaveDC Family and Medical Leave ActYesGenerally unpaid; DC Paid Family Leave may provide wage replacementGenerally, DC employees are covered by DCFMLAEmployees must satisfy DCFMLA eligibility rulesUp to 16 workweeks of family leave every 2 years
DC Medical LeaveDC Family and Medical Leave ActYesGenerally unpaid; DC Paid Family Leave may provide wage replacementGenerally, DC employees are covered by DCFMLAEmployees are physically unable to work because of serious medical conditions, including maternityUp to 16 weeks of unpaid medical leave in a 24-month period
Paid Family Leave - Parental LeaveDC Paid Family LeaveNo, not by itself; job protection may come from another lawYesCovered DC employers participating in the programEligible covered worker with a qualifying parental leave eventUp to 12 weeks to bond with a new child
Paid Family Leave - Family LeaveDC Paid Family LeaveNo, not by itself; job protection may come from another lawYesCovered DC employers participating in the programEligible covered worker caring for a family member with a serious health conditionUp to 12 weeks
Prenatal LeaveDC Paid Family LeaveNo, not by itself; job protection may come from another lawYesCovered DC employers participating in the programEligible covered worker needing prenatal careUp to 2 weeks

Paid Benefit Programs

Leave TypeDC Law/ ProgramJob ProtectedPaid LeaveAdministered ByEmployee EligibilityDuration
Paid Family LeaveDC Universal Paid Leave / DC Paid Family LeaveNo, not by itselfYesDC Office of Paid Family Leave / DOESCovered worker with qualifying parental, family, medical, or prenatal leave reasonUp to 12 weeks for parental, family, or medical leave; up to 2 weeks prenatal leave
Accrued Sick and Safe LeaveDC Accrued Sick and Safe Leave ActProtected useYesDC Department of Employment ServicesEmployee accrues leave based on employer size and hours worked24 or fewer employees: 1 hour per 87 hours, up to 3 days/year; 25-99 employees: 1 hour per 43 hours, up to 5 days/year; 100+ employees: 1 hour per 37 hours, up to 7 days/year

Job-Protected Leave Entitlement Descriptions

These laws create a protected right to take time away from work and generally require the employer to preserve employment rights, restore the employee to the same or comparable position, or otherwise avoid interference or retaliation.

DC Paid Family Leave

DC Paid Family Leave is the District’s primary wage replacement program for longer family, medical, parental, and prenatal leave events. It provides paid benefits for parental, family, medical, and prenatal leave. The program provides benefits, but employers should separately evaluate whether DC FMLA, federal FMLA, or another law provides job protection.

DC Family and Medical Leave Act

DCFMLA is the District’s primary job-protected family and medical leave law. DC guidance identifies up to 16 weeks of unpaid medical leave in a 24-month period for an employee’s own serious medical condition and up to 16 workweeks of family leave every two years. This leave should be evaluated separately from DC Paid Family Leave because the benefit and job-protection analyses are not identical.

Accrued Sick and Safe Leave

DC Accrued Sick and Safe Leave provides paid, protected leave that accrues based on employer size. The statute provides higher annual caps for larger employers and lower annual caps for smaller employers. This leave may be used for sick and safe leave reasons and should be tracked separately from longer DC FMLA or Paid Family Leave events.

*State Leave Law Summaries are for informational purposes only and are subject to change. To the extent possible, we will update these leave laws as and when States update their policies. However, there may be a time lag. Further, for specific applicability with a personal situation, Qcera advises contacting your employer’s HR department for support.