As we previously reported, on July 1, 2020, employees in D.C. will be eligible to receive benefits under the D.C. Paid Family Leave law, which provides employees with up to eight weeks of paid leave to care for a new child, six weeks of paid leave to care for a sick family member, and two weeks of paid leave for a personal illness. Although employees will not be able to receive Paid Family Leave benefits until later this year, employers with employees in D.C. must provide employees with notice of the law by February 1, 2020.

The D.C. government has published a notice that provides employees with information about the Paid Family Leave law, including covered employees and events, how to apply for benefits, and benefit amounts. Employers with employees in D.C. must post this notice in “a conspicuous place” at their worksites, which, for PFL purposes, are “location[s] where business is conducted or where services or industrial operations are performed.” Employers must also “send a poster to covered workers who work remotely or predominately telework so that they can hang the posters at their individual worksites.”

Additionally, beginning February 1, 2020, employers must provide employees with the notice in electronic or physical form: (1) at the time of hiring; (2) at least once between February 1, 2020 and February 1, 2021 and a least once a year every following year; and (3) whenever the employer “receives direct notice” of an employee’s need to take leave for an event that could qualify for benefits under the Paid Family Leave program.

Failure to comply with the law’s notice requirements can result in civil penalties up to $100 for each covered employee to whom the notice was not delivered and $100 for each day an employer fails to post the notice in a conspicuous place. We will continue to track developments regarding this law and provide timely updates.

 

Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.