Code of the District of Columbia

§ 32–531.02b. Paid vaccination leave requirement.

*NOTE: This section was created by temporary legislation that will expire on October 1, 2022.*

(a)(1) In addition to paid leave otherwise provided under this subchapter, an employer shall provide paid leave to an employee pursuant to this section for an absence from work related to COVID-19 vaccination.

(2) An employer shall provide paid leave to an employee in the following amounts, but shall not be required to provide more than 48 hours of leave in total in a year beginning on November 18, 2021:

(A) For vaccination leave, up to 2 hours per injection; and

(B) For vaccination recovery leave, up to 8 hours per injection during the 24-hour period following the 2-hour vaccination leave period.

(3)(A) Subject to subparagraph (B) of this paragraph, an employer shall compensate an employee for leave provided pursuant to this section at the employee's regular rate of pay. In the case of an employee who does not have a regular rate of pay, the employee's rate of pay shall be determined by dividing the employee's total gross earnings, including all tips, commission, piecework, or other earnings earned on an irregular basis for the most recent workweek that the employee worked for the employer, by the number of hours the employee worked during that workweek.

(B) In no case shall an employee's rate of pay fall below the minimum wage established by § 32-1003(a).

(4) An employer shall provide paid leave under this section to any employee who commenced work for the employer at least 15 days before the request for leave.

(b)(1) Notwithstanding any other provision of this subchapter or Chapter 13 of this title, the Mayor may, but shall not be required, to enforce violations of this section through investigation and administrative proceedings sua sponte or in response to an administrative complaint filed pursuant to § 32-531.12.

(2) Before taking any other administrative action on a complaint filed pursuant to § 32-531.12, the Mayor shall promptly provide the employer with written notice of the alleged violation, in a form or manner to be determined by the Mayor, and give the employer 5 business days to cure the alleged violation. The time to cure the violation shall run from the date the employer receives the notice.

(c) Notwithstanding any other provision of this subchapter:

(1) The paid leave required to be provided under this section shall be in addition to any other paid leave an employer provides an employee under an existing leave policy, including under an existing contract or collective bargaining agreement; provided, that a paid leave policy that exclusively and expressly provides for COVID vaccination and recovery leave, and does not reduce other available paid leave, in amounts equivalent to or greater than the paid leave required under this section shall satisfy the requirements of this section; and

(2) Parties to a collective bargaining agreement may not waive or reduce the amount of leave an employer is required to provide pursuant to this section.

(d) This section shall not apply to the extent it is preempted by a currently enforceable federal law, regulation, or standard.

(e) For the purposes of this section, the term:

(1) "Child" means a child under the age of 18 years who lives with an employee and for whom the employee permanently assumes and discharges parental responsibility, or a foster child under the age of 18 years.

(2) "Employer" does not include:

(A) The District government; or

(B) A public charter school, as the term is defined in § 38-1800.02(29).

(3) "Vaccination leave" means leave taken from employment by an employee to receive an injection, or for an employee's child to receive an injection, of a COVID-19 vaccination approved by the federal Food and Drug Administration, including a booster injection approved for the employee or child by the Centers for Disease Control and Prevention.

(4) "Vaccination recovery leave" means leave taken from employment by an employee to recover, or for an employee to care for a child recovering, from side effects from a COVID-19 vaccination approved by the federal Food and Drug Administration, including a booster injection approved for the employee or child by the Centers for Disease Control and Prevention, which precludes the employee from performing his or her work.