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.
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Find the model leave policy here. This includes legal requirements, but also best practices for leave policies.
For more on legal requirements/responsibilities, read the sections below.
Sections of the handbook include:
General policy
Definitions of key terms
Procedure
Benefits During Family or Medical Leave of Absence
Return to Work From a Family or Medical Leave of Absence
Periodic Medical Certification
Proof of Family Relationship
Leave When the Employee is not FMLA-Eligible
Other Significant Personal Reasons that May Qualify for Leave
D.C. Paid Family Leave Insurance
Parental Leave
Accommodations for Pregnant Workers
Accommodations for Survivors of Domestic Violence
Coordination of Benefits
Retroactive Application
Language Access
Notification Requirements
Employers:
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Develop an employee handbook that has a clear policy, including information on
Who is covered
Eligibility requirements
What life events trigger an employee’s right to FMLA leave
The process for requesting leave (notice requirements, documentation needed, from whom the employee should request leave)
See our best practices employee handbook here.
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Train HR and managers on workplace rights, procedures, and responsibilities
Train supervisors to recognize triggers– even if the employee does not explicitly request FMLA leave or accommodations, they may be required to notify them of their related rights
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Designate a staff member as the point of contact for employees to request job-protected leave and accommodations
Make sure the point of contact is
Trained on these rights and responsibilities
Trained on how to recognize when a situation requires legal support, and has a resource to go to when that happens
Aware of their role
Make sure that employees are aware of who the point of contact is
In the employee handbook
At annual notification
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FMLA triggers
Even if the employee does not explicitly request FMLA leave, they may be required to notify them of their FMLA rights
See examples in the Example Scenarios section below.
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Employers have to be able to explain why a certain accommodation would be an undue hardship. “Undue hardship” is a high standard, and the criteria depends on the cost of the accommodation, the size of the workplace, and the employer’s finances. Just because an accommodation has an associated cost does not mean that it is considered an undue hardship.
If an employee requests an accommodation that is not reasonable in the workplace, the employer cannot just say no or declare that it is a hardship. Employers are required to engage in an interactive process for reasonable accommodations. An interactive process includes discussing potential alternative accommodations that will work to accommodate the employee’s limitation(s). This discussion is typically not a one-time meeting, but is iterative and the discussion will continue until an agreement on an accommodation is reached.
In addition, because changes occur, the employer and employee should agree to periodic updates to monitor the needs of the accommodation. Employers should encourage employees to communicate any issues they have with their accommodations and/or any other accommodation needs as they arise.
While undergoing the interactive process, the employee must be provided with an interim accommodation.
Employees can request unpaid job-protected leave as an accommodation. HOWEVER, employers cannot place an employee on unpaid leave as an interim accommodation during the interactive process unless the employee has specifically requested it. The interim accommodation should be one that allows the employee to continue working. The employer may opt to provide paid administrative leave to the employee if there is a concern about injury while the accommodation is being determined and there is not another suitable interim accommodation.
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Leave as an accommodation
Leave from work can be a reasonable accommodation, but employers cannot force the employee out on unpaid leave in lieu of an on-the-job accommodation.
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The employer’s role in the process for employees accessing DC Paid Family Leave benefits
It is not up to the employer to determine whether an employee is ultimately eligible for DC Paid Family Leave benefits.
The governmental office, the Office of DC Paid Family Leave (OPFL), makes this determination.
This is true even if an employer offers their own paid parental or family medical leave policy or short-term disability. Employees can access both DC Paid Family Leave benefits as well as applicable employer paid parental leave policies, paid family medical leave policies, and short-term disability.
The role of the employer is to provide the notice to the employee, pay the DC Paid Family Leave tax, and report wages to the Department of Employment Services (DOES) on a quarterly basis. In addition, the employer must cooperate with OPFL’s claims process, which typically includes confirming that the employee has requested and been approved for leave.
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.