COVID-19 Support Emergency Amendment Act
On May 27, 2020, Mayor Muriel Bowser signed the District of Columbia COVID-19 Support Emergency Amendment Act, which temporarily amended the District of Columbia Family and Medical Leave Act. Under this legislation, an employee who had worked for 30 days for an employer of any size could use up to 16 weeks of COVID-19 leave for one of the following reasons:
- Care for self: a recommendation from a healthcare provider to quarantine or isolate, including because the employee or an employee’s household member is high risk for serious illness from COVID-19.
- Care for family or household member: a need to care for a family member or a member of the employee’s household pursuant to a government or healthcare provider’s order to quarantine or isolate; or
- Childcare closure: a need to care for a child whose childcare facility is closed or childcare provider is unavailable.
The legislation ended on November 5, 2021.
COVID Vaccination Leave Emergency Amendment Act of 2021
On November 18, 2021, Mayor Muriel Bowser signed the District of Columbia COVID Vaccination Leave Emergency Amendment Act of 2021. The Emergency Act establishes new paid COVID-19 vaccine leave and extends the public health emergency leave available under the DC Family Medical Leave Act.
Starting November 5, 2021, all District employers must provide up to two hours of paid leave for receiving an injection of the COVID-19 vaccine and up to eight hours of paid leave during the 24-hour period following such injection.
Employers must also provide unpaid 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 pursuant to Department of Health guidelines; or
- must care for a family member or an individual with whom the employee shares a household, who is isolating or quarantining pursuant to the order or policy of the family member’s or individual’s school or childcare provider.
The Act is also extended to provide employees with unpaid leave because the employee:
- has a recommendation from a healthcare provider (or, for the first time, 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, 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, or
- must care for a family member or an individual with whom the employee shares a household, who is isolating or quarantining pursuant to Department of Health guidance or the recommendation of a healthcare provider.
Violation of the COVID-19 leave provision could result in a civil penalty of $1000 per offense.
Posting Requirement
Employers with 20 or more employees are required to inform employees of this leave during the declared state of public health emergency. The District of Columbia COVID-19 Leave Poster must be displayed in a conspicuous place. Employers must also notify an eligible employee of COVID-19 leave as soon as he or she becomes eligible or may become eligible under the prescribed circumstances.