District of Columbia Requires Paid Vaccine Leave

District of Columbia Requires Paid Vaccine Leave

On November 18, 2021, District of Columbia Mayor Muriel Bowser signed the COVID Vaccination Leave Emergency Amendment Act of 2021. The law applies to nearly all private employers with employees in the District and requires employers to provide paid time off for both vaccination and recovery from any side effects.

Employers are to provide up to 2 hours of paid leave per injection for employees who are receiving the COVID-19 vaccination or are accompanying their children to receive the COVID-19 vaccination.

Employers also must provide up to 8 hours of paid leave per injection during the 24-hour period following the two-hour vaccination leave period for employees experiencing side effects or whose child is experiencing side effects and requires care. Employers are not required to provide more than 48 hours of leave in total in a year.

An employer must offer paid leave to any employee who commenced work for the employer at least 15 days before the request for leave. Paid leave is in addition to any other paid leave an employer provides an employee under an existing leave policy. Employers may require employees taking paid leave for vaccination to provide reasonable documentation, such as a vaccination record or other document attesting to the date and time of the vaccination, upon return to work.

Employers may not require an employee to provide more than 48 hours’ advance notice of the need to use paid leave or, in the event of an emergency, require more than reasonable notice for the use of paid leave or to search for or identify another employee to perform the work for the employee using paid leave.

In May 2020, the Mayor enacted the Coronavirus Support Emergency Act which amended DC’s Family and Medical Leave Act to provide for a new COVID-19 job-protected leave. This law extends the COVID-19 job-protected leave until February 16, 2022.Employers are not required to provide more than 16 weeks of COVID-19 leave in a 2-year period.

Beginning November 5, 2021, the reasons for which leave can be taken are slightly modified as follows. An employee shall be entitled to leave if the employee is unable to work because the employee:

Has tested positive for COVID-19 or is caring for a family member or individual with whom the employee shares a household who has tested positive for COVID-19 and must quarantine;

Has a recommendation from a health care provider or a directive from an employer that the employee isolate or quarantine due to COVID-19;

Must care for a family member or an individual with whom the employee shares a household, who is isolating or quarantining; or

Must care for a child whose school or place of care is closed or whose childcare provider is unavailable due to COVID-19,

The COVID-19 leave is in addition to the DC FMLA leave and is available through February 16, 2022.Leave may be unpaid except that:

Employees may elect to use any paid leave provided by the employer which counts towards the 16 weeks of total allowable leave;

Employees may not be required, but may elect, to use this DC FMLA leave before any other leave to which the employee is entitled.


The information contained in this Benefit Beat is not intended to be legal, accounting, or other professional advice, nor are these comments directed to specific situations. This information is provided as general guidance and may be affected by changes in law or regulation. This information is not intended to replace or substitute for accounting or other professional advice. You must consult your own attorney or tax advisor for assistance in specific situations. This information is provided as-is, with no warranties of any kind. CBIZ shall not be liable for any damages whatsoever in connection with its use and assumes no obligation to inform the reader of any changes in laws or other factors that could affect the information contained herein.


District of Columbia Requires Paid Vaccine Leavehttps://www.cbiz.com/Portals/0/Images/Paid Vaccine Leave.jpg?ver=THlGLDu-wJ5VR18CUvaRCQ%3d%3dUp to 2 hours per vaccination, 24 hours for recovery from side effects.2021-12-09T20:00:00-05:00Up to 2 hours per vaccination, 24 hours for recovery fromside effects.Regulatory, Compliance, & LegislativeEmployee Benefits ComplianceNo