The Essential Guide to Family & Medical Leave

appendix A | state laws and departments of labor | 305
District of Columbia
Family and Medical Leave (D.C. Code §§ 32-501 and following)
Covered Employers: Employers with at least 20 employees.
Eligible Employees: Employees who have worked for at least one year and at
least 1,000 hours in the previous 12 months.
Types of Leave
• Family Leave: For the birth, adoption, or foster placement of a child; for
the permanent placement of a child for whom the employee permanently
assumes and discharges parental responsibility; or to care for a family
member with a serious health condition.
• Medical Leave: For the employee’s own serious health condition.
Amount of Leave: Sixteen weeks of family leave plus 16 weeks of medical leave
in any 24-month period. Leave for birth, adoption, or placement of a child
must be taken within 12 months of child’s arrival. If two family members
work for the same employer, they can be limited to a total of 16 weeks of family
leave and can take no more than four weeks of such leave at the same time.
Family Members: Same as FMLA, plus anyone related by blood, custody,
or marriage, and anyone sharing the employee’s residence with whom the
employee has a committed relationship.
Procedural Requirements
• Notice: If the need for leave is foreseeable, the employee must provide
reasonable notice.
• Certification: The employer may require an employee taking leave for a
serious health condition to provide a medical certification.
• Paid Leave: The employee may substitute accrued paid leave if the type of
leave the employee is taking is covered by the employer’s policy.
• Reinstatement: Similar to the FMLA, but key employees are defined as
the top five highest-paid employees of an employer with fewer than 50
employees. Employer may deny reinstatement if it is under contract to
provide work or services; the employee’s absence prohibits the employer
from completing the contract in accordance with its terms; failing to