On November 2, 2021, DC Council passed the COVID Vaccination Leave Temporary Amendment Act of 2021, which provides paid time off for COVID vaccination and vaccination recovery – including for children, and extends DC employees’ right to unpaid, job-protected leave for COVID-related reasons (which would have expired on November 5, 2021).
Paid Time Off for Vaccinations & Vaccination Recovery (as of 11/18/2021)
As of November 18, 2021, employers will be required to provide paid leave to employees who need time off to receive vaccinations; to recover from related side effects; or to care for their children who are being vaccinated.
Up to two hours of paid time off per injection, and
Eight hours of paid time off per injection for vaccination recovery, within 24 hours after being vaccinated.
Employees may use this time for themselves, to take their children to be vaccinated, or to care for a child who is recovering from side effects of the vaccination.
Employees must work for a current employer for at least 15 days to access this leave.
Employees of the DC government & public charter schools are NOT included in this law.
Changes in DC’s COVID Leave (as of 11/5/2021)
The following changes were made to the D.C. Family and Medical Leave Act of 1990 (DCFMLA) COVID provisions:
A parent who needs to take leave from work to care for a quarantining child may provide a school or child care provider’s policy, along with a dated copy of communication with the school that the child needed to quarantine, as reasonable certification for COVID leave.
Employees are no longer required to provide written documentation from a healthcare provider.
COVID-related leave under the DCFMLA is now only available to employees who work for companies with 20 or more employees in DC
This leave is no longer available to employees who work for smaller employers.
COVID-related Leave Extended
The following DCFMLA COVID provisions have been in effect since Spring 2020, were set to expire on November 5, 2021, and were extended for another 225 days.
Employees may receive up to 16 weeks of unpaid leave in a two-year period to:
Care for themselves if they:
Test positive for COVID-19, or
Need to quarantine at the recommendation of a health care provider or employer’s directive due to COVID-19.
Care for a family member or member of their household who:
Tests positive for COVID-19, or
Needs to quarantine at the recommendation of a healthcare provider, school policy, or childcare provider due to COVID-19.
Care for a child who needs supervision due to their school, place of care, or childcare provider being closed or unavailable due to COVID-19.
Employees must work for their employer for at least 30 days to access this leave.
Need Legal Assistance?
First Shift Justice Project can advise you on these issues for free.
Please contact First Shift Justice Project at 202-644-9043 or intake@firstshift.org. You can also complete an online intake form at https://www.firstshift.org/get-legal-help.