DC Universal Paid Leave Act
By Katie Vargas
If you have employees in DC, you most likely are aware of the DC Universal Paid Leave Act (DC-UPL) as it pertains to the payroll tax you have been deducting for the last year. In July 2020, employees were finally able to apply for this leave and obtain coverage. This leave allows for paid leave (ranging from 2-8 weeks per 12-month period) that is paid directly by the DC government. It provides wage replacement to varying degrees based on the last 5 quarters of income up to $1,000 per week. DC Paid Family Leave informed employers to post a notice within the workplace so that all employees have access to the information. In addition, employers must also notify employees about eligibility if and when they apply for DC-FMLA. More information can be found here:dcpaidfamilyleave.dc.gov
The DC Universal Paid Leave Act expects individual employers to decide how your other leave policies will interact with this leave. In order to be clear how your own leave policies interact with DC-UPL, it may be necessary to address what is and is not allowable. Specifically, you may need to decide the following and update your leave policies:
Do you allow employees to use sick leave while on DC-UPL?
Do you allow employees to use sick leave to make their salaries ‘whole’ while on DC-UPL? (This option may be difficult to track, as self- employment/side gigs count towards their compensation reimbursement eligibility, and the employee is not required to provide what amount they are being compensated by DC to their employer.)
Do you expressly prohibit the use of sick leave while they are on paid DC-UPL?
If you already have a Short-Term Disability plan, how does state disability interact with these payments?
Partner with JLM HR Consulting to ensure that your company is compliant and aware of the DC-UPL and the DC-FMLA. Visit our website or give us a call at 240-408-5071 for more information!