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Overview of Paid Sick Time Laws in the United States:
District of Columbia
Updated on June 23, 2021
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| District of Columbia | |
| Who is covered? Note: City/county paid sick time laws cannot cover state government workers, and city, county, and state paid sick time laws cannot cover federal government workers. | Workers employed by an employer within Washington, D.C are covered. The following individuals are exempted: independent contractors; students; health care workers choosing to participate in a premium pay program; unpaid volunteers engaged in the activities of an educational, charitable, religious, or nonprofit organization; and casual babysitters. |
| Can sick time be used to care for loved ones? | Yes: children; grandchildren; spouses of children; siblings; spouses of siblings; parents; parents of a spouse/domestic partner; spouses; registered domestic partners; and a person with whom the worker has a committed (mutual, familial) relationship and has shared a mutual residence for at least the preceding 12 months |
| How is “child” defined? | Biological children, foster children, grandchildren, or a child who lives with the worker and for whom the worker permanently assumes and discharges parental responsibility |
| Can sick time be used for specific “safe time” purposes (related to domestic violence, sexual assault, or stalking)? | Yes, when the worker or the worker’s family member is the victim |
| Can sick time be used under the law to bond with a new child and/or deal with a family member’s death? Note: It is possible that other laws, such as the Family and Medical Leave Act or a state equivalent, could provide eligible workers with unpaid leave for these purposes. | No |
| Can sick time be used when a worker’s place of work or child’s school/place of care is closed by public health officials for a public health emergency? | No. |
| Rate at which workers earn paid sick time? | In businesses with 24 or fewer workers: 1 hour for every 87 hours worked. In businesses with 25-99 workers (and workers in a restaurant or bar with 1-99 workers who regularly receive tips to supplement a base wage below the minimum wage): 1 hour for every 43 hours worked. In businesses with 100 or more workers: 1 hour for every 37 hours worked |
| Do workers have different sick time-related rights based on the size of their employer? If so, based on what employer-size threshold(s)? | Yes. Workers in businesses with 24 or fewer workers can earn up to 3 days of paid sick time per year. Workers in businesses with 25-99 workers (and workers in a restaurant or bar who regularly receive tips to supplement a base wage below the minimum wage) can earn up to 5 days of paid sick time per year. Workers in businesses with 100 or more workers can earn up to 7 days of paid sick time per year. |
| Amount of paid sick time that can be earned under the law per year? (Note: All of these paid sick time laws make it clear that these laws establish a minimum requirement, and employers can provide greater or more generous paid sick time benefits to their workers.) | Workers in businesses with 24 or fewer workers: up to 3 days a year. Workers in businesses with 25-99 workers (and workers in a restaurant or bar who regularly receive tips to supplement a base wage below the minimum wage): up to 5 days a year. Workers in businesses with 100 or more workers: up to 7 days a year. The number of workers is determined by the average monthly number of full-time equivalents in the prior year. A day is considered the length of the worker’s customary work day or shift. |
| When do workers begin to earn paid sick time? | At the commencement of employment, but workers aren’t entitled to use paid sick time until after 90 days of employment. |
| Does unused sick time carry forward to the subsequent year? | Per regulations, workers can carry forward unused paid sick time, but employers aren't required to allow use of more than: 7 days of paid sick time a year (for businesses with 100 or more workers); 5 days of paid sick time a year (for businesses with at least 25 and fewer than 100 workers and workers in a restaurant or bar who regularly receive tips to supplement a base wage below the minimum wage); or 3 days of paid sick time a year (for business with fewer than 25 workers). |
| Private Right of Action to go to Court? | Yes |
| Are there waivers/ exemptions for workers covered by a valid Collective Bargaining Agreement (CBA)? | The law’s paid sick time requirements won’t apply to workers in the building/construction industry covered by a CBA that expressly waives the requirements in clear and unambiguous terms. Otherwise, the law’s paid sick time requirements can’t be waived in the written terms of a CBA for less than 3 paid leave days. |
| What Agency or Official Enforces the Law? | Washington D.C. Department of Employment Services |
| For the statewide paid sick time laws: can cities in the state pass paid sick time laws that are broader than the state law? | N/A |
| Statutory Citation(s) | D.C. Code § 32-531.01 et seq. |
| Additional Notes | For more information, see https://does.dc.gov/page/office-wage-hour-employees. |
