District of Columbia — Leave Laws

The District of Columbia's Universal Paid Leave Amendment Act of 2016, codified at D.C. Code §§ 32-541.01 et seq., establishes a paid-leave program administered by the Mayor for eligible individuals employed in the District. The program provides benefits for four types of qualifying leave: parental leave (bonding with a new child), family leave (caring for a family member with a serious health condition), medical leave (an employee's own serious health condition), and prenatal leave (prenatal medical care). Benefits are funded by employer contributions to the Universal Paid Leave Fund and administered by the Department of Employment Services.

Source: D.C. Code § 32-541.01 | D.C. Code § 32-541.02

For claims filed on or after October 1, 2022, D.C. Code § 32-541.04(e-1)(3) sets the maximum duration of paid-leave benefits within a 52-workweek period at 12 workweeks each for parental leave (bonding with a new child), family leave (caring for a family member with a serious health condition), and medical leave (the employee's own serious health condition), plus 2 workweeks for prenatal leave (prenatal medical care). An eligible individual may take up to 12 weeks total for any combination of parental, family, and medical leave within a 52-week period. Prenatal leave is additive: a pregnant individual may receive 2 weeks of prenatal leave plus 12 weeks of parental leave after birth, but the combined prenatal and medical leave may not exceed 12 weeks.

Source: D.C. Code § 32-541.04(e-1)(3) | D.C. Code § 32-541.04(d)(3)

An individual qualifies for Universal Paid Leave benefits under D.C. Code § 32-541.01(6) if the individual was a "covered employee" during some or all of the 52 calendar weeks immediately preceding the qualifying leave event, or if the individual is a self-employed person who opted into the program and earned self-employment income for work performed more than 50% of the time in the District during some or all of those 52 weeks. Importantly, the individual's claim must not be based on employment for the United States, the District of Columbia government, or an employer exempt from District taxation under federal law or treaty.

The covered-employee test

D.C. Code § 32-541.01(3) defines "covered employee" using a work-location rule with two alternative prongs:

• Prong A — the employee spends more than 50% of work time for the covered employer working in the District of Columbia; or
• Prong B — the employee's employment is based in the District, the employee regularly spends a substantial amount of work time in the District, and the employee does not spend more than 50% of work time in another single jurisdiction.

Prong A is the clearer threshold: if a worker physically performs more than half of their hours in D.C. for a covered employer, they are a covered employee. Prong B extends coverage to D.C.-based employees who travel or work remotely but do not concentrate more than half their time in any other single state or jurisdiction.

The covered-employer threshold

D.C. Code § 32-541.01(4) defines "covered employer" as any entity required to pay unemployment insurance on behalf of employees under D.C. Code § 51-103, with express exclusions for the U.S. government, the D.C. government, and employers the District cannot tax under federal law or treaty. The unemployment-insurance threshold under § 51-103 applies to any entity that employs at least one employee in D.C.; thus the Universal Paid Leave program has no employer-size floor—even a single-employee firm is a covered employer if it meets the other criteria. Self-employed individuals may opt in voluntarily and become covered employers for purposes of their own benefits.

The 52-week connection requirement

The statute requires that the individual have worked as a covered employee (or as an opted-in self-employed person) "during some or all of" the 52 calendar weeks before the qualifying event. The phrase "some or all" does not impose a minimum number of weeks or a minimum earnings threshold within those 52 weeks; the individual need only have worked for a covered employer at some point during the preceding year. The benefit amount is then calculated from the individual's average weekly wage during the highest four of the five quarters before the leave event (D.C. Code § 32-541.01(1)), which can result in a low or zero benefit if the individual had minimal earnings, but does not disqualify the claim.

Federal and D.C. government exclusions

Employees of the United States, employees of the District of Columbia government, and employees of any employer exempt from D.C. taxation under federal law or treaty are categorically ineligible. This exclusion is restated in both the "covered employer" definition (§ 32-541.01(4)) and the "eligible individual" definition (§ 32-541.01(6)).

Source: D.C. Code § 32-541.01

D.C. Code § 32-541.04(g) establishes a two-tier benefit formula that replaces a higher percentage of wages for lower earners and tapers the replacement rate for higher earners, subject to a statutory maximum weekly benefit cap that is adjusted annually for inflation.

Lower-wage workers (90% replacement rate)

An eligible individual whose average weekly wage is equal to or less than 150% of the District's minimum wage multiplied by 40 receives weekly paid-leave benefits equal to 90% of that individual's average weekly wage. D.C. Code § 32-541.04(g)(1). With the District's minimum wage at $17.95 per hour as of 2026, the 150% threshold equals $1,077 per week (1.5 × $17.95 × 40). An individual earning up to $1,077 per week receives 90% wage replacement.

Higher-wage workers (blended rate)

An eligible individual whose average weekly wage exceeds 150% of the District's minimum wage multiplied by 40 receives a two-part calculation under D.C. Code § 32-541.04(g)(2):

• 90% of the first $1,077 (the 150% × minimum wage × 40 threshold); plus
• 50% of the amount by which the individual's average weekly wage exceeds $1,077;
• subject to the maximum weekly benefit amount cap (no individual may receive benefits exceeding the statutory maximum).

For example, an individual earning $2,000 per week would receive: (0.90 × $1,077) + (0.50 × ($2,000 − $1,077)) = $969.30 + $461.50 = $1,430.80, which is then capped at the maximum weekly benefit amount in effect at the time of the claim.

Maximum weekly benefit amount

D.C. Code § 32-541.04(g)(5) sets the maximum weekly benefit amount at $1,000 before October 1, 2021. Starting October 1, 2021, and on October 1 of each successive year, the maximum increases in proportion to the annual average increase in the Consumer Price Index for All Urban Consumers, Washington-Baltimore Metropolitan area, rounded to the nearest dollar, provided the Chief Financial Officer certifies sufficient funds in the Universal Paid Leave Fund. D.C. Code § 32-541.04(g)(6).

As of September 28, 2025, the maximum weekly benefit amount is $1,190, applicable to all claims with an approved leave period beginning on or after that date. The prior maximum (effective October 1, 2024, through September 27, 2025) was $1,153.

Average weekly wage calculation

"Average weekly wage" is defined in D.C. Code § 32-541.01(1) as the total wages in covered employment earned during the highest 4 out of the 5 complete calendar quarters immediately preceding the qualifying leave event, divided by 52. The statute cross-references the definition of "wages" in the D.C. Unemployment Compensation Act, D.C. Code § 51-101(3), with an express inclusion for self-employment income of individuals who have opted into the program. If an individual has multiple sources of income from covered employment, those wages may be combined to determine the average weekly wage; the maximum weekly benefit cap still applies. D.C. Code § 32-541.04(g)(3).

Partial-week proration

Benefits for partial weeks of leave are prorated. D.C. Code § 32-541.04(g)(4).

Source: D.C. Code § 32-541.04(g) | D.C. Code § 32-541.01 | DC Paid Family Leave Benefits Calculator

The District of Columbia's Universal Paid Leave Act provides wage-replacement benefits during qualifying leave, but it does not independently provide job protection (the right to return to the same or an equivalent position after leave). Instead, job protection during Universal Paid Leave depends entirely on whether the individual is also entitled to job-protected leave under the separate D.C. Family and Medical Leave Act (DC FMLA).

The statutory rule: no independent job protection

D.C. Code § 32-541.07(c) states categorically: "Nothing in this subchapter shall be construed to provide job protection to any eligible individual beyond that to which an individual is entitled under D.C. FMLA." The Universal Paid Leave statute cross-references DC FMLA for all job-restoration rights; it creates no freestanding obligation for an employer to restore an employee who takes only Universal Paid Leave.

Who gets job protection during Universal Paid Leave?

An individual taking Universal Paid Leave receives job protection if—and only if—the same leave event also qualifies the individual for leave under DC FMLA. DC FMLA is codified at D.C. Code §§ 32-501 et seq. and applies to employers with 20 or more employees in the District. An employee eligible under DC FMLA is entitled, upon return from family or medical leave, to be:

• restored to the position held when leave commenced; or
• restored to an equivalent position with equivalent employment benefits, pay, seniority, and other terms and conditions of employment.

D.C. Code § 32-505(d).

If the leave event satisfies both the Universal Paid Leave benefit criteria (e.g., bonding with a new child, caring for a family member with a serious health condition, the employee's own serious health condition, or prenatal care) and the DC FMLA eligibility criteria (employee worked for a covered employer for at least one year without a break in service and worked at least 1,000 hours in the preceding 12 months), then the two statutes run concurrently: the individual receives paid wage-replacement benefits from the Universal Paid Leave Fund and job-protected leave under DC FMLA. D.C. Code § 32-541.07(b).

Employees at smaller employers: paid benefits, no job protection

The Universal Paid Leave Act requires the District to provide a written notice to each covered employee stating, among other things, "[t]hat an employee who works for a covered employer with under 20 employees shall not be entitled to job protection if he or she decides to take paid leave pursuant to this subchapter." D.C. Code § 32-541.06(h)(1)(C). Because DC FMLA applies only to employers with 20 or more employees, an employee who works for an employer with fewer than 20 employees may still receive Universal Paid Leave wage-replacement benefits from the publicly administered fund, but the employer is not required to hold the employee's job or restore the employee to any position after the leave ends. The employee takes the paid leave at the risk of losing employment.

Concurrent-leave mechanics

When an individual's leave qualifies under both statutes, D.C. Code § 32-541.07(b) requires that "the paid leave taken pursuant to this subchapter shall run concurrently with, and not in addition to, leave taken under [federal FMLA or DC FMLA]." The individual does not receive separate blocks of leave time; rather, the same weeks of absence count against both the Universal Paid Leave duration limits (up to 12 weeks for parental, family, or medical leave, plus 2 weeks for prenatal leave, within a 52-week period) and the DC FMLA entitlement (16 weeks of family leave and 16 weeks of medical leave in any 24-month period). The job protection runs for the duration covered by DC FMLA; the wage replacement is governed by the Universal Paid Leave benefit formula.

Practical distinction

In summary:

• Universal Paid Leave = wage-replacement benefits (paid by the publicly administered fund), with no independent job protection.
• DC FMLA = job-protected unpaid leave (employer must restore the employee to the same or equivalent position), with no wage replacement from the statute itself (though the employee may use accrued paid time off or may receive concurrent Universal Paid Leave benefits if eligible).

An employee who qualifies for both receives the wage replacement and the job protection. An employee who qualifies only for Universal Paid Leave (most commonly because the employer has fewer than 20 employees) receives wage replacement but no statutory right to job restoration.

Source: D.C. Code § 32-541.07 | D.C. Code § 32-541.06 | D.C. Code § 32-505

D.C. Code § 32-541.03 requires covered employers to contribute to the Universal Paid Leave Fund to finance the District's paid-leave program. The contribution is structured as a percentage of employee wages with no ceiling on the wage base, meaning contributions are owed on all covered wages regardless of how much an individual employee earns.

Contribution rate

As of July 1, 2024, a covered employer must contribute an amount equal to 0.75% of the wages of each covered employee to the District, in a manner prescribed by the Mayor. D.C. Code § 32-541.03(a), as amended by D.C. Law 25-217, § 4112(b) (Fiscal Year 2025 Budget Support Act of 2024, effective September 18, 2024). This rate increased from the original 0.62% rate that had been in effect since the program's inception in 2019.

Self-employed individuals who opt into the paid-leave program contribute the same 0.75% rate on their annual self-employment income. D.C. Code § 32-541.03(b).

Wage base: no cap

Unlike the District's unemployment insurance program (which caps contributions at the first $9,000 of annual wages per employee), the Universal Paid Leave contribution applies to all wages with no upper limit. The statute defines "wages" by cross-reference to the D.C. Unemployment Compensation Act, D.C. Code § 51-101(3), incorporating the same inclusions and exclusions (gratuities, back pay, etc.), but the Universal Paid Leave statute does not import the unemployment wage base ceiling. D.C. Code § 32-541.01(22). Contributions are therefore owed on the full amount paid to each covered employee, whether the employee earns $20,000 or $200,000 in a year.

Reporting and payment mechanics

Contributions are collected quarterly through the same Employer Self-Service Portal (ESSP) used for unemployment insurance tax reporting. Employers report covered wages and the system automatically calculates the 0.75% contribution. Contributions received by the District are deposited into the Universal Paid Leave Fund; however, any amounts collected in excess of what is needed to maintain the solvency of the fund (as certified by the Chief Financial Officer) are deposited instead into the District's General Fund. D.C. Code § 32-541.03(b-1).

Enforcement

An employer who fails to make the required contributions is subject to the same notice requirements, procedures, interest, penalties, and remedies set forth in D.C. Code § 51-104 (the enforcement provision of the Unemployment Compensation Act). D.C. Code § 32-541.03(f).

Who pays: employer-only funding

The District's Universal Paid Leave program is funded entirely by employer contributions. There is no employee payroll deduction or employee-side tax. This distinguishes the District's program from paid-leave programs in states such as Washington, New York, and California, which fund benefits in part through employee payroll withholding.

Source: D.C. Code § 32-541.03 | D.C. Code § 32-541.01

D.C. Code § 32-541.01(4)(A) defines "covered employer" for Universal Paid Leave purposes as any entity "required to pay unemployment insurance on behalf of its employees by § 51-103," with express exclusions for the U.S. government, the D.C. government, and employers the District cannot tax under federal law or treaty. The threshold question—which employers are "required to pay unemployment insurance"—turns on the broad definitions of "employer" and "employment" in the D.C. Unemployment Compensation Act.

The employer definition

D.C. Code § 51-101(1) defines "employer" as "every individual and type of organization for whom services are performed in employment." This language is categorical and contains no size threshold, payroll floor, or minimum-employee-count requirement. The definition is limited only by what constitutes "employment" under § 51-101(2).

The employment definition

D.C. Code § 51-101(2)(A)(i) defines "employment" to include services performed by any officer of a corporation and any individual who, under common-law rules, has the status of an employee. The statutory scheme follows the approach of the Federal Unemployment Tax Act (FUTA) and imposes contribution liability broadly. Unlike some state unemployment-insurance statutes that exempt employers with fewer than a specified number of employees or employers whose quarterly payroll falls below a dollar threshold, the District's unemployment statute imposes no general employer-size floor.

Exceptions: household employers and agricultural labor

The statute does carve out threshold rules for two specific categories of employment. For household or domestic service in a private home, an employer is subject to unemployment-insurance contributions only if the employer "paid cash remuneration of $500 or more in any calendar quarter." D.C. Code § 51-101(2)(A)(vi). For agricultural labor, employment is covered only if the employer paid $20,000 or more in cash remuneration in any calendar quarter or employed 10 or more individuals in agricultural labor for some portion of a day during 20 different weeks in the calendar year. D.C. Code § 51-101(2)(A)(vii).

Outside of those two categories—household employers and agricultural employers—there is no minimum threshold. An entity that employs even a single individual in a non-domestic, non-agricultural capacity is an "employer" required to pay unemployment insurance under § 51-103 and therefore a "covered employer" under the Universal Paid Leave Act.

Practical consequence for Universal Paid Leave

Because the Universal Paid Leave Act cross-references the unemployment-insurance employer threshold without adding any independent size limitation, the District's paid-leave program applies to every employer required to pay unemployment insurance, which in practice means every employer with at least one covered employee (other than household employers below $500/quarter and agricultural employers below their thresholds). There is no de minimis exemption, no minimum-employee-count safe harbor, and no small-employer carve-out for non-household, non-agricultural employers.

This breadth distinguishes the District's program from paid-leave statutes in states such as Washington, which applies only to employers with 50 or more employees, or New York, which phases in coverage by employer size. In the District, a startup with a single full-time employee working in D.C. is a covered employer required to contribute 0.75% of that employee's wages to the Universal Paid Leave Fund, and that employee is eligible for Universal Paid Leave benefits (though not for job-protected leave under DC FMLA unless the employer later grows to 20 or more employees).

Source: D.C. Code § 32-541.01 | D.C. Code § 51-101 | D.C. Code § 51-103