District of Columbia sick leave law & call-off rules
Washington, D.C. layers three separate leave regimes on every employer: ASSLA sick-and-safe leave accruing on a size-tiered schedule, the Universal Paid Family Leave program (funded by a 0.75% employer payroll tax, paying up to $1,190/week), and DC FMLA's 16+16 unpaid protected weeks at 20+ employees. ASSLA also says outright that counting protected leave under a no-fault points policy is retaliation. Here is what applies in 2026.
District of Columbia at a glance
| Paid sick leave mandate | Yes — ASSLA, every employer: 7 days (100+) / 5 days (25–99) / 3 days (≤24) per year |
|---|---|
| Attendance points on sick time | Expressly barred by § 32-531.11 |
| Paid Family Leave | 12 weeks (+2 prenatal) at up to $1,190/week, funded by a 0.75% employer payroll tax |
| DC FMLA | 16 weeks medical + 16 family, unpaid, job-protected, at 20+ employees |
| Voting leave | 2 hours paid, on request |
| Jury duty | Employers with 10+ employees pay the first 5 days (full-time staff) |
| Final paycheck deadline | Fired: next working day · Quit: next payday or 7 days, whichever is earlier |
Is paid sick leave required in District of Columbia?
Yes. The Accrued Sick and Safe Leave Act (D.C. Code § 32-531.01 et seq.) covers every DC employer — size only sets the tier. 100+ employees: 1 hour per 37 worked, up to 7 days a year. 25–99: 1 per 43, up to 5 days. 24 or fewer: 1 per 87, up to 3 days. Tipped restaurant and bar workers accrue at 1 per 43 regardless of size, paid at the full DC minimum wage. Accrual starts at hire; use begins after 90 days.
How District of Columbia's sick leave law works
| Program | Who | What it provides |
|---|---|---|
| ASSLA sick & safe leave | All employers (tiered) | 3–7 paid days/year per the tiers above; carryover required; safe-leave uses included |
| Paid Family Leave | All private employers (0.75% payroll tax) | Up to 12 weeks parental / 12 family / 12 own-medical (12-week combined cap) + 2 prenatal, max $1,190/week — benefits, not job protection |
| DC FMLA | 20+ employees; 1 year + 1,000 hours service | 16 weeks medical + 16 weeks family unpaid, job-protected, per 24 months — far past federal FMLA |
Notice and notes (ASSLA): written request 10 days ahead for foreseeable leave; an oral request before the shift for unforeseeable; emergencies covered by notice within 24 hours. Certification only for absences of 3+ consecutive days — and it must be accepted if provided on return or within one business day after.
The anti-retaliation rule: § 32-531.11 explicitly prohibits counting protected sick/safe leave as an absence that leads to discipline under a no-fault attendance policy — DC wrote the points ban into the statute, and the DOES Office of Wage-Hour enforces it with civil penalties.
The federal floor that still applies
FMLA
Employers with 50+ employees within 75 miles must give eligible employees (12+ months tenure, 1,250+ hours in the past year) up to 12 weeks of unpaid, job-protected leave for a serious health condition — their own or a close family member's. FMLA-protected absences can't accrue attendance points, and a call-off that mentions an ongoing condition can be notice enough to trigger your FMLA obligations, even if the employee never says "FMLA."
ADA
For employers with 15+ employees, the ADA can require modified attendance expectations or unpaid leave as a reasonable accommodation for a disability. An attendance policy applied "no exceptions" is exactly the kind that loses ADA cases — build an accommodation carve-out into the policy itself.
Call-offs, no-call no-shows, and firing in District of Columbia
DC is at-will with a public-policy exception and the broadest human-rights act in the country (20+ protected traits) — but for attendance operations, the three-overlay structure is the real work. A single absence can implicate ASSLA (pointable? never, if protected), PFL (a wage-replacement claim to route), and DC FMLA (16+16 weeks of job protection that outlasts federal FMLA twice over). The classification burden lands at call-off time: which regime does this absence belong to, and which records does it need? Notes are off-limits until day three, and the points ban is statutory rather than interpretive. The DOES Office of Wage-Hour enforces. A call-off hotline or text-based call-off system that captures each report verbatim is the front door all three overlays share.
PTO payout and final paychecks
| Scenario | Rule | Source |
|---|---|---|
| Employee is fired or laid off | Next working day (up to 4 days if the employee handled the employer's money) | D.C. Code § 32-1303 |
| Employee quits | The earlier of the next regular payday or 7 days | D.C. Code § 32-1303 |
| Unused vacation / PTO | Treated as wages due at termination under the Wage Payment law unless a clear written policy expressly provides for forfeiture | DC WPCL interpretation |
| Late payment | Liquidated damages of 10% of unpaid wages per working day, capped at treble the wages | D.C. Code § 32-1303 |
The 10%-per-day escalator makes DC final checks urgent even though the base deadline sounds mild — and unwritten vacation practices default to payout. See how PTO accrual works.
Leave District of Columbia employers must (and must not) provide
| Leave type | Required? | Notes |
|---|---|---|
| Sick & safe leave | Yes — paid | Per the ASSLA tiers; safe leave covers domestic violence, sexual abuse, and stalking needs |
| Paid Family Leave | Yes — benefits | Employer-funded via payroll tax; job protection comes from DC/federal FMLA running concurrently |
| Voting | Yes — paid | At least 2 hours on request; reasonable advance notice may be required (§ 1-1001.07a) |
| Jury duty | Yes — partly paid | 10+ employee firms pay full-time employees their usual compensation (less juror fees) for the first 5 days; retaliation barred |
| Meal & rest breaks | No | No DC break statute — only lactation breaks are mandated |
The District of Columbia employer's attendance playbook
- Put it in writing. A written policy — call-off deadline and channel, points or steps, the no-call no-show rule, and carve-outs for legally protected absences — is what makes discipline defensible. Our attendance policy guide walks through it.
- Give call-offs one channel. "Tell whoever answers" is how records get lost. One number every employee texts or calls makes the record automatic.
- Log everything with timestamps. Unemployment hearings and discrimination charges are won on contemporaneous records, not recollections.
- Enforce consistently. Uneven enforcement converts a lawful termination into a discrimination claim.
- Screen call-offs for protected reasons before applying points — sickness that could be state-protected sick time or FMLA/ADA territory gets a different track than an overslept alarm.
Comparing states? See all published guides on the state sick leave laws hub.