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Building Washington 11
I
n recent years, the Washington, DC metro area has
become the epicenter of paid leave laws. The District
of Columbia’s Paid Sick and Safe Act was one of the first
laws in the country to require employers to provide
paid leave for employees who become sick or are subject to
domestic abuse. Montgomery County, MD, has followed suit
with a similar paid sick leave law that goes into effect October
2016. Most recently, DC’s City Council has proposed an even
more controversial bill that will require employers to pay into
a family leave benefit “fund” that employees will be able to
access for up to 12 weeks of paid leave. Finally, many local
construction firms who are federal contractors are about to
be forced to provide paid leave under a recent Executive
Order that is being implemented in new regulations.
Not only are construction contractors in the District of
Columbia now required to account for these different paid
leave requirements, but many regional contractors who
are based outside the city are also required to provide paid
leave for their workers who spend significant periods of
time working there. This article will explain the latest paid
leave requirements that all construction industry employers
should be aware of.
THE DISTRICT OF COLUMBIA’S ACCRUED SICKAND SAFE ACT
The District passed the Accrued Sick and Safe Leave Act in
2008 and expanded its requirements in 2013. As currently
enforced, the Act requires employers to provide, at a
minimum, paid leave to qualifying employees for the purpose
of caring for their own or a family member’s illness, or taking
legal steps to seek protection in the event of domestic
violence or sexual abuse. The smallest employers must now
provide their employees up to three days of paid leave per
year (accrued on an hourly basis); mid-sized employers must
provide up to five days per year; and the largest employers
with 100 or more employees must provide up to seven days
paid leave per year. Under the amended law, new hires begin
accruing leave immediately and become eligible to take the
leave after 90 days of employment. Employees can accrue
leave indefinitely, though they cannot use more paid leave in
a year than their annual accrual.
Maryland and Virginia employers may also be required to
provide the designated paid leave for any employees who
spend a “significant” amount of time working in the District
(usually, but not always, a majority of the time over an
unspecified period).
By Maury Baskin, Esquire
PAID LEAVE LAWS
THE AREA-WIDE IMPACT OF