The next paid family and medical leave program to go live with payment of benefits – in the District of Columbia – is on the horizon. D.C.’s Universal Paid Leave (UPL) program was passed in 2017, and employers with employees in the District started paying contributions to the program on July 1, 2019. The District will start paying benefits on July 1, 2020.

First Up – Employer notice obligations.

Under DC UPL, employers have several notice obligations:

By February 1, 2020, employers must post a physical notice of the UPL program in a conspicuous
place in each workplace. In addition, employers must send the notice to remote workers so they
can post it in their individual workplaces. (Right, like that will happen.) The notice form is available here.
In addition, this notice must be provided in electronic or physical form to:

- All employees at least once between February 1, 2020 and February 1, 2021 and at least
  once a year every following year;
- All new employees hired after February 1, 2020, within 30 days after the date of hire; and
- Individual employees when the employer receives direct notice after February 1, 2020,
  of the employee’s need for leave for an event that could qualify for PFL benefits.

Matrix can help its clients with DC employees to satisfy this individual notice requirement. We will update the informational packet sent to DC employees to include the required notice when any leave is requested.

Summary of Universal Paid Leave provisions:

As a reminder, here’s what’s coming your way as an employer with D.C. employees:

Covered Employee

During some or all of the 52 weeks immediately preceding leave:

Spends more than 50% of work time in DC or
Spends a substantial amount of work time in DC and not more than 50% of work time
in another jurisdiction

Covered Employer

All employers with one or more covered employees except:

The United States
The District of Columbia, and
Any employer that the District of Columbia is not authorized to tax under federal law or treaty

Leave Reasons

Employee’s own serious health condition (defined very similar to FMLA)
Family member’s serious health condition
Bonding with new child (birth, adoption, foster placement)

Covered Family Members

Son or daughter (any age)
Parent (including step, in-law, and others)
Spouse / domestic partner
Sibling
Grandparent

Duration in a 52-week period

Employee’s serious health condition: 2 weeks
Parental/bonding leave: 8 weeks
Family member serious health condition: 6 weeks
TOTAL may not exceed 8 weeks of paid leave benefits in 52-workweek period

Leave Use Increments

Continuously or
Intermittently in increments of no less than one day

Benefit Amount

Employees who make 150% or less than the District’s minimum wage multiplied by 40
will receive 90% of their average weekly wage.
Employees who make greater than 150% of the District’s minimum wage
multiplied by 40 will receive:
- 90% of 150% of the of the District’s minimum wage
  multiplied by 40; PLUS
- 50% of the amount by which the eligible individual’s
  average weekly wage exceeds 150% of the District’s minimum wage multiplied by 40

Maximum Benefit

$1,000/week thru 9/30/2021
Adjusts annually as of October 1 each year thereafter

Waiting Period

One week for first qualifying event per 52-week period
No waiting period for subsequent qualifying events in same 52-week period
regardless of type or number

Funding Mechanism

Employers pay a tax of 0.62% of their payroll to the District to fund the program

Administration

Office of Paid Family Leave (a division of the DC Department of Employment Services)
No voluntary plans or private insurance permitted

Existing Employer Paid Leave Benefits

An employer can adopt or retain paid-leave policies that supplement or
otherwise provide greater benefits than are required by UPL
But doing so does not exempt employer from paying UPL contributions or
preclude employee from receiving UPL benefits

Job Protection

ONLY IF employee works for an employer with 20 or more employees and is
eligible for concurrent leave under the existing DC FMLA (see below)
Employees of smaller employers can take paid leave but do not have job protections

EMPLOYERS BEWARE: The broader D.C. FMLA law is still in effect

Unlike the state of Washington, which repealed its unpaid Family Leave Act to coincide with the effective date of Washington PFML, the D.C. UPL does not affect the District’s existing unpaid Family and Medical Leave Act. That Act applies to employers with 20 or more employees and provides job-protected leave for the same reasons as UPL but in much greater amounts: Up to 16 weeks each in a 24-month period for employee medical leave and family leave reasons. Leaves will run concurrently if the leave qualifies under the two laws. However, because the thresholds for covered employers and employee eligibility are lower under UPL, some employees may be entitled to UPL leave but not DC FMLA leave and thus be without job protection. As always, the federal FMLA will run concurrently with either law if it applies.

For more information, check out these resources:

Universal Paid Leave Amendment Act of 2016

Paid leave regulations:

D.C. Office of Paid Family Leave

Department of Employment Services

Poster