Washington DC Family and Medical Leave

Who is eligible for the Washington DC FMLA?

Employees who have worked at least 1000 hours and (on average 19 hours per week) with any employer during the 12-month period before the leave, without a break, except for regular holidays, sick or personal leave granted by the employer.

Duration of Leave?

- sixteen workweeks of leave during any twenty-four-month period for family leave
- sixteen workweeks of leave during any twenty-four-month period for medical leave

If your spouse works for the same employer, you have to share the leave.

You are covered if you work:
- for an employer with 20 or more employees, including government employees employed the District of Colombia

You are not covered if you work:
- for the federal government

Paid or unpaid?

Unpaid leave.

Leave can be used for?

- caring/bonding for a new born, adoptive or foster care child;
- for you own serious health condition, or to care for a spouse, child, parent with a serious health - condition.

Unpaid FML in combination with Paid Leave?

If your employer provides paid leave fewer than 16 weeks, the additional FMLA may be provided without pay. .
You may elect, or your employer may require to substitute accrued paid vacation leave, personal leave or family leave for any part of the 16-week period.

DC FMLA and FMLA?

If you qualify for both D.C. FMLA and federal FMLA, then your leave periods will run concurrently, meaning you can take 16 weeks as a maximum (not 28 which is 12FMLA +16  DC FMLA weeks).

Do you have to give notice?

If the leave is foreseeable 30 days notice, before the date of the leave is to begin, if unforeseen  not later than 2 business days after the start of the leave.

Certification?

Your employer may require that your request for FML is supported by certification issued by a health care provider.

Job and benefits protection during leave?

After your leave your entitled to be restored to the position you had when the leave started. If the original position is unavailable you have right to be restored in the equivalent of that position, with the same benefits, pay and other terms and conditions of employment. 
Your leave shall not result in the loss of employment benefits accrued prior to the date on which the leave started. 

Violation of the FMLA

If you think your FMLS rights are violated you may file a complaint with the Office of Human Rights (OHR). To file a complaint, visit:  
• Online at ohr.dc.gov; or
• In-Person at 441 4th Street NW, Suite 570N, Washington, DC 20001.
Questions about the OHR process can also be answered by phone at (202) 727-4559.