State FMLA – D.C. Code §§ 32-501 through 32-517 (see also D.C. Mun. Regs. tit. 4, §§ 1600 through 1699)

Covered Employers: Employers of 20 or more employees in the District of Columbia during 20 or more weeks in the current calendar year or the preceding calendar year.

Employee Eligibility: Any employee employed by the same employer for 1 year without a break in service except for regular holiday, sick, or personal leave granted by the employer, and having worked at least 1,000 hours during the 12-month period immediately preceding the request for leave.

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, including pregnancy.

Employer Notice: Employers must prominently post a notice detailing employees' rights to leave. The employer must also provide an employee with a written "eligibility letter" within 5 days of the employee's leave request or notice that the employee needs time off for a qualifying reason detailing whether the employee qualifies, the number of hours available, the need for medical certification, and the obligations and expectations of the employee while on leave.

Employee Notice: When leave is foreseeable, employees must provide notice 30 days prior to the start of leave and, if foreseeable, make a reasonable effort to schedule the medical treatment so as not to disrupt unduly the operations of the employer. If 30 days' notice is not possible, the employee must notify the employer of the need for leave as soon as possible prior to the date the employee wishes to commence the leave. If emergency prevents the employee from notifying the employer prior to the first day of absence, the employee must request leave no later than two business days after the absence begins.

Certification Supporting Need for Leave: Yes. Employer may request certification from the health care provider of the employee with a serious health condition and require that it be submitted within 15 days of the request for leave. The certification shall state:

• The date on which the serious health condition commenced

• The probable duration of the serious health condition

• Medical facts within the health care provider's knowledge that entitle the employee to take leave

• That the employee is unable to perform the functions of their position

If the employer has reason to doubt the validity of the certification, it may require a second (and in some instances a third) certification at its own expense. An employer may require subsequent re-certifications on a reasonable basis. Medical information obtained from a certification request must be kept confidential.

Paid?: No, but any paid medical, sick, vacation, personal, or compensatory leave that the employee elects to use for medical leave may, at the employee's election, count against the 16 workweeks of allowable medical leave.

Benefits: 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: Yes. 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.

Other Important Definitions/Requirements: Note that paid benefits become available under the D.C. Universal Paid Leave Act on July 1, 2020, which will run concurrently as the wage-replacement component to D.C. FMLA. D.C. Universal Paid Leave does not include an employer opt-out provision or allow for private/voluntary plans.

Absence Specification : District of Columbia Employee FMLA