Under the District of Columbia’s Accrued Sick and Safe Leave Act (ASSLA), employees who perform work in the District are entitled to accrue paid time off that can be used for the sick and safe purposes described by the law.
The accrual requirements vary by size of the employer, as seen in the table below.
Employers also need to display a poster with this text for all their employees in the District of Columbia.
Uses of Accrued Safe and Sick Leave
An employee may use accrued sick and safe leave for absences resulting from:
- a physical or mental illness, injury, or medical condition of the employee;
- obtaining a professional medical diagnosis or care or preventive medical care for the employee;
- caring for a family member who has any of the conditions or needs for diagnosis or care as described above for employees; or
- the employee or the employee’s family member being a victim of stalking, domestic violence, or sexual abuse and the absence is directly related to medical, social, or legal services pertaining to the crime of which the employee or employee’s family member is a victim.
Limitations on Paid Sick Leave
Employees begin accruing paid sick time on their first day of work, but employers can limit their ability to take their paid sick leave until the employee has been employed for 90 days.
An employer is not required to pay out accrued, unused paid sick time when an employee separates from employment with the employer. However, if you are providing paid sick time through your general PTO policy, you will need to pay out all of an employee’s accrued, unused PTO upon separation from employment.
Keep in mind that if a separated employee is rehired within a year of separation, employers must reinstate their prior unused paid sick leave.
District of Columbia Paid Sick Leave Employer Resources
- Public Education Campaign Presentation
- Required Paid Sick Leave Poster
- Office of Wage and Hour: FAQs
- ASSLA Final Rules
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.