Background:
Enacted in February 2017, the Universal Paid Leave Act of 2016 created the Washington D.C Paid Family Leave program (D.C. PFL or Program). The Program provides up to:
- 8 weeks to bond with a new child
- 6 weeks to care for a family member with a serious health condition
- 2 weeks to care for your own serious health condition
Eligible individuals can start applying for paid leave benefits starting on July 1, 2020.
The Program is administered by the Office of Paid Family Leave (OPFL) and all D.C. employers who are required to pay unemployment insurance tax for their covered workers are subject to D.C. PFL. The Program is funded entirely by employer contributions submitted quarterly. Wage reporting and contributions to the Program began July 1, 2019 through the Employers Self-Service Portal (ESSP). Please refer to our prior article for more information about employer contributions.
What are the D.C. PFL Notice Requirements?
Employers subject to D.C. PFL must provide employees notice of the Program at 4 instances:
- Physical poster (provided by the D.C. Department of Employment Services);
- Annually to all employees individually (in paper or electronic form);
- At the point of hire within the first 30 days; and
- At the time an employer becomes aware that PFL may be necessary (in paper or electronic form)
The D.C. Department of Employment Services (DOES) has recently made the official D.C. PFL Notice publicly available to employers. Employers are required to post a physical version of the notice in a conspicuous place at each worksite by February 1, 2020. A translated version of the required notice will likely be made available on the DOES resource page at a future date.
What are the Penalties for Non-compliance with D.C. PFL Notice Requirements?
Violations of the notice requirements may result in a civil penalty of:
- $100 for each covered employee who did not receive the individual notice; and/or
- $100 for each day that a covered employer failed to post the notice in a conspicuous place at each worksite
Employer Compliance Consideration:
Best practices suggest that employers should establish compliance with the D.C. PFL individual notice requirements by enabling e-mail receipts or collected signed statements from their employees acknowledging delivery.
Resources:
The information and materials on this blog are provided for informational purposes only and are not intended to constitute legal or tax advice. Information provided in this blog may not reflect the most current legal developments and may vary by jurisdiction. The content on this blog is for general informational purposes only and does not apply to any particular facts or circumstances. The use of this blog does not in any way establish an attorney-client relationship, nor should any such relationship be implied, and the contents do not constitute legal or tax advice. If you require legal or tax advice, please consult with a licensed attorney or tax professional in your jurisdiction. The contributing authors expressly disclaim all liability to any persons or entities with respect to any action or inaction based on the contents of this blog.
