District of Columbia Amends Sick and Safe Leave Act, in Employee Benefit Plan Review

Brian Steinbach, a Senior Attorney in the Labor and Employment practice, in the Washington, DC, office, wrote an article titled "District of Columbia Amends Sick and Safe Leave Act."

Following is an excerpt:

Since 2008, The District of Columbia's (D.C.) Accrued Sick and Safe Leave Act (ASSLA) has required D.C. employers to provide employees with paid leave (1) to care for themselves or their family members, and (2) for work absences associated with domestic violence or abuse. Specifically, ASSLA provides covered workers with the ability to earn and take from up to three to up to seven days of covered paid leave each year, depending on the size of the employer.

Recently, Mayor Vincent C. Gray signed the Earned Sick and Safe Leave Amendment Act of 2013 (Amendment), which significantly amends ASSLA. In particular, the Amendment, which is now in effect:

  • provides for immediate accrual of leave and availability for use after 90 days;
  • includes tipped restaurant and bar employees;
  • changes the provisions on retention of accrued leave;
  • broadens retaliation protections;
  • creates new recordkeeping requirements; and
  • adds new enforcement and penalty provisions, particularly private civil actions and recovery of attorneys' fees