Washington, DC Paid Sick Leave Laws

Various states, cities, and municipalities have enacted legislation requiring employers to provide paid time off (PTO) for employees to use when they are sick. Learn more about this type of leave, called paid sick leave, and what’s required in Washington, DC.

What is Paid Sick Leave?

Paid sick leave is a benefit that allows employees to take time off from work due to illness, injury, or other health-related issues without foregoing pay. The purpose of paid sick leave is to ensure that employees can recover from illness without the financial pressure of losing income. It also helps prevent the spread of contagious diseases in the workplace by encouraging sick employees to stay home.

There are no federal laws in place that mandate the provision of paid sick leave. The Family and Medical Leave Act (FMLA) allows qualified employees to take unpaid leave for certain health conditions.

The Families First Coronavirus Response Act (FFCRA) enacted temporary requirements for certain employers, granting up to two weeks of paid sick leave to employees who couldn’t work due to COVID-19 (diagnosis, symptoms, required quarantine, etc.) However, this legislation expired at the end of 2020.

Does Washington, DC Have Paid Sick Leave Laws That Differ from Federal Paid Sick Leave Laws?

Yes, there is a law in place that entitles eligible employees to earn paid sick leave to. It is covered under the Accrued Sick and Safe Leave Act of 2008 and the Safe Leave Amendment Act of 2013.

Are There Requirements to be Eligible for Paid Sick Leave in Washington, DC?

In order to be eligible for paid sick leave in Washington, DC, an employee must spend at least 50% of their time working within the District.

• Workplaces with 1 to 24 employees must offer an accrual rate of 1 hour for every 87 hours worked.
• Workplaces with 25 to 99 employees (AND tipped restaurant/bar employees) accrue 1 hour per 43 hours worked.
• Workplaces with 100+ employees must offer an accrual rate of 1 hour for every 37 hours worked.

Is There a Minimum Amount of Paid Sick Time Required in Washington, DC?

The accrual rate depends on the number of employees in a workplace (listed above). Workplaces with 1 to 24 employees have a maximum of 3 days per calendar year. With 25 to 99 employees, the maximum is 5 days per calendar year, and 100+ plus has a max of 7 days per calendar year.

What Can PSL be Used for in Washington, DC?

In Washington, DC, eligible employees may use their paid sick time to care for their own medical condition, injury, illness, or need to seek treatment or preventive care. They can also use it to care for certain family members or for issues related to sexual abuse or domestic violence.

Employers are allowed to require certification (such as a doctor’s note) after 3+ consecutive absences.

Is Paid Sick Leave Required to be Carried Over Each Year in Washington, DC?

Yes, eligible employers are required to offer the option to carry over any accrued paid sick leave from year to year. However, they do not have to pay out (offer the cash value) of unused paid sick leave when employees are terminated or resign.

Additionally, an employee may not use more paid leave than the maximum number of hours that may be accrued in a calendar year, even if they have more in their “bank.”

Is Paid Sick Leave (PSL) Different from Paid Time Off (PTO) in Washington, DC?

Paid time off is not a required benefit in Washington, DC. Paid sick leave is required of most employers operating in the District.

Common Washington, DC Paid Sick Leave Laws FAQs

How much paid sick leave am I entitled to take and be paid for in Washington, DC?

If you work at least 50% of your work hours in Washington, DC, you are entitled to earn 1 hour of paid sick leave for every 87/43/37 hours worked (depending on employer size).

Does paid sick leave apply to all employees who work in Washington, DC?

Paid sick leave applies to most employees working at least half of their work time in the District.

Which employees are exempt or partially exempt from the paid sick leave law in Washington, DC?

The following employees are not covered under the paid sick leave law:

• Employees working more than 50% of their time outside of the District
• Independent contractors
• Certain healthcare workers (who choose to participate in a premium pay program instead)
• Students
• Elected or appointed lay members engaged in religious functions in an organization
• Casual childcare providers (babysitters)
• Construction or building industry employees covered by a collective bargaining agreement

Additionally, exempt employees do not accrue leave for hours worked beyond 40 in a week.

Do I have to notify my employer before taking sick leave in Washington, DC?

The requirement to notify an employer before taking sick leave is based on company policy.

Can I be disciplined for taking a sick day or using paid sick leave in Washington, DC?

The law protects employees from retaliation by their employer for using paid sick leave. However, you must comply with your company’s policy around notifying the employer and providing required documentation. Employees found to be misusing paid sick leave or violating company rules may face discipline.

WorkforceHub, a time and labor platform, can help your company manage any requirements associated with accruals. Learn more and try it for free today.

Washington, DC Department of Employment Services

Paid Sick Leave in DC Fact Sheet

Accrued Sick and Safe Leave Act of 2008

Safe Leave Amendment Act of 2013