Information for Employers

Read more below to learn about your legal responsibilities as an employer, or if you are curious about best practices and model policies for employers.

Note: The information on this website is provided for general informational purposes only and does not constitute legal advice. For legal advice regarding a particular issue, please consult a licensed attorney. First Shift does not advise employers on these matters. Small businesses in D.C. may be eligible for free legal advice from the D.C. Bar Pro Bono Program.

Employers:

NOTIFICATION REQUIREMENTS Example scenarios

Download example scenarios here, or read below.

Scenario 1:

New Employee is Pregnant and Requests Adjustments to Work Environment


Scenario 2:

Employee Requests FMLA Leave Due to a Serious Health Condition

Scenario 3:

Employee Mentions to His Supervisor That His Wife Is Pregnant/Having a Baby Later This Year

Maria, a new employee at a D.C. company, informs her employer one month after her start date that she is pregnant. She requests some temporary changes to her work environment, such as a more ergonomic chair and a more flexible break schedule due to fatigue.

Aisha, a full-time employee at a D.C.-based company with over 20 employees, has been working there for three years. She recently requested time off for surgery related to a chronic medical condition

John, a part-time employee at a D.C.-based company with more than 20 employees, has been working there for 2 years. John mentions to his supervisor that his wife is pregnant and due later this year.

Employer's Responsibilities for PWFA/PPWFA

Workplace Poster:

The employer is required to have a poster displayed in a conspicuous location in the workplace that outlines protections under the PWFA and PPWFA. Maria should be able to see the poster as part of her awareness of her rights under the law.

Notice of Rights:

The employer must provide Maria with a notice of her rights under the D.C. Protecting Pregnant Workers Fairness Act (PPWFA) within 10 days of her notification of pregnancy, even if Maria didnʼt specifically request accommodations or mention PWFA or PPWFA. This notice must explain her rights to reasonable accommodations for pregnancy-related conditions, such as changes to her workspace or schedule.

Employer's Responsibilities for FMLA/D.C. FMLA:

Workplace Poster:

The employer is required to have a conspicuous poster displayed in the workplace that outlines protections under FMLA and DC FMLA. The employees should be able to see the poster as part of their awareness of their rights under the law.

FMLA Eligibility Notification:

Since the employeeʼs request might qualify for FMLA/DCFMLA leave, the employer must notify them of their eligibility within 5 business days of receiving the request, even if the employee didnʼt specifically mention FMLA or DCFMLA. The employer must determine whether the employee qualifies based on their time at the company and hours worked.

Rights and Responsibilities Notice:

If the employee is eligible for FMLA/DCFMLA, the employer must provide them with a written notice explaining their rights and responsibilities under the FMLA/DCFMLA, such as whether the leave will be paid or unpaid and whether the employer must continue health insurance coverage during the leave.

Designation of FMLA Leave:

Once the employer has all the necessary information, they must notify the employee in writing if their leave qualifies as FMLA/DCFMLA and how much of their leave time will be counted against their FMLA/DCFMLA entitlement.

Employer's Responsibilities for D.C. Paid Family Leave:

Notice at Hiring:

Upon hiring, the employee should have already been informed about their rights under the Universal Paid Leave Amendment Act of 2016 (D.C. Paid Family Leave).

Workplace Poster:

The employer is required to have a conspicuous poster displayed in the workplace that outlines protections under DC Paid Family Leave. The employee should be able to see the poster as part of their awareness of their rights under the law.

Annual Notice:

As part of the annual notification requirement, the employee would receive an updated notice about their D.C. Paid Family Leave rights at the beginning of the year.

Notification of D.C. Paid Family Leave Eligibility:

When the employee notifies the employer about their qualifying life event or need for leave, the employer must provide them with a specific notice detailing their eligibility for D.C. Paid Family Leave, including the amount of benefits they are entitled to and the process for applying for benefits, even if the employee didnʼt specifically mention D.C. Paid Family Leave.