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Employment Alert: Notice Needed Now! DC Paid Family Leave Notice Required

February 25, 2020

Beginning February 1, 2020, DC employers are required to give their employees notice regarding DC Paid Family Leave (“PFL”) by displaying the DC Department of Employment Services PFL poster (link below) at all worksites. Beginning July 2020, PFL will be available to employees. The final PFL regulations are currently pending before the DC Council, but are anticipated to become effective in March 2020.

Under the DC Universal Paid Leave Amendment Act of 2016 (the “Act”), virtually all private DC employers who employ one or more individuals in the District, and who are required to pay unemployment insurance on behalf of their employees, are considered a “covered employer.” Any employee who spends more than 50 percent of his or her work time working for a covered employer in the District is considered a “covered employee.” This includes remote workers who perform services for the employer for 50 percent or more of the time in the District. Eligible individuals may qualify for up to 2 weeks of paid medical leave for their own serious health condition, 6 weeks of family leave to care for a sick family member, and 8 weeks of parental leave to care for a new child (up to a total of 16 weeks of paid leave). An eligible individual is someone who has been a covered employee for at least some of the 52 weeks immediately preceding the paid leave.  Eligible individuals will not be able to use the PFL benefit until July 1, 2020.

The Act also contains a notice requirement, obligating employers to provide employees with copies of the notice in the following situations:

  • Employees who work remotely or primarily telework must be sent a copy of the poster to hang at their worksite;
  • Between February 1, 2020 and February 1, 2021, each employee should be provided a copy and then once a year thereafter;
  • Employees hired after February 1, 2020 should receive a copy within thirty days of being hired; and
  • If an employee provides direct notice after February 1, 2020 that they will potentially need leave under the PFL, they should be provided a copy.

Employers who have not already complied should quickly post the PFL poster or risk incurring a fine of $100 for each day the required information is not posted. The poster can be found here. (https://does.dc.gov/sites/default/files/dc/sites/does/page_content/attachments/OPFL%20Employee%20Notice_FINAL.pdf).

If you have any questions about this Alert, please contact a member of the Shulman Rogers Employment and Labor Law Group or the Shulman Rogers attorney with whom you regularly work.

 


 

CONTACT

 

Gregory D. Grant

Meredith “Merry” Campbell

Joy C. Einstein

Richard D. Norwood

Courtney B. Schaefer

 

MORE INFORMATION

The contents of this Alert are for informational purposes only and do not constitute legal advice. If you have any questions about this Alert, please contact the Shulman Rogers attorney with whom you regularly work or a member of the Shulman Rogers Employment and Labor Law Group.