Throughout the past year, as the novel coronavirus (COVID-19) spread rapidly and devastatingly across the nation, many employees grappled with the prospect of taking sick time off. This need for time off stemmed from getting sick themselves, having to take care of someone close to them, or having been otherwise exposed to the virus. These unprecedented, widespread health concerns brought the concept of paid sick time off to a head and many employers were found to have been in violation of regulations. In Washington D.C., workers are owed sick leave under the District of Columbia Accrued Safe and Sick Leave Act (ASSLA).
The ASSLA requires employers to provide D.C. workers paid time off when dealing with medical and other related conditions. ASSLA guidelines cover time off related to the diagnosis and treatment of both physical and mental illness, injuries, preexisting health conditions, and preventative care measures for all of the above. ASSLA also covers absences related to caring for family member(s), as well as absences related to stalking or domestic abuse. The table below outlines the hours of paid sick leave provided by ASSLA.
| # of Employees | Accrual Rate | Maximum Hours |
| 100 or more | 1 hour per every 37 hours worked | 7 days per year |
| 25-99 | 1 hour per every 43 hours worked | 5 days per year |
| 1-24 | 1 hour per every 87 hours worked | 3 days per year |
ASSLA covers employees generally, including restaurant employees and those who receive the tipped minimum wage.
Recently, the issue of sick leave has come to light once more as the COVID-19 vaccine is being propagated throughout the United States. The vaccine has various side effects mimicking those of the virus and many people report feeling debilitated for a day or days following inoculation. The ASSLA in D.C. covers missed time for recovery from such impacts and employers would be in violation of the law to reject workers’ requests for paid time off accordingly.
Has your employer in the District of Columbia failed to offer or pay you sick leave, particularly to recover from the impacts of the COVID-19 vaccine?
If so, we would like to speak with you. Please fill out the contact form on this page, call us for a free consultation at (202) 470-3520, or send an email to [email protected].
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The lawyers at Migliaccio & Rathod LLP have years of experience in class action litigation against large corporations, including in cases involving wage theft. More information about our current cases and investigations is available on our blog.