DC FMLA: temporary expansion for COVID-19

From March 17, 2020 through March 31, 2021, DC FMLA is expanded to cover absences related to COVID-19 when the employee is subject to an order or recommendation to self-isolate or quarantine. Employees at worksites and companies of any size can use this leave. The 1,000 Hours Worked and 12 Months of Service criteria do not apply to this expanded leave.

Employee Eligibility: All employees are covered

Entitlement: Eligible employees are entitled to 16 workweeks of unpaid medical leave during any 24-month period if the employee is unable to perform the functions of their position due to a serious health condition.

Certification Supporting Need for Leave: If the mayor has issued a declaration of a public health emergency, the employee does not have to provide additional documentation.

Paid? No, but the employee may have access to other mechanisms to be paid

Benefits: Same as District of Columbia Employee FMLA – employers must maintain group health plan coverage for employees on family or medical leave, at the same level and under the same conditions that coverage would have been provided if no leave were taken. Employers may require employees to continue to make any contribution to a group health plan that the employees would have made if no leave were taken. Employees unable or unwilling to make such contributions forfeit the health plan benefit during leave. A restored employee is not entitled to any benefits other than those they would have been entitled to if they had not taken leave.

Reinstatement: Same as District of Columbia Employee FMLA - upon return from leave, the employee shall be restored by the employer to the position of employment held by the employee when the leave commenced; or restored to a position of employment equivalent to the position held by the employee when the leave commenced that includes equivalent employment benefits, pay, seniority, and other terms and conditions of employment.

Absence Specification : District of Columbia Employee FMLA