Code of the District of Columbia

§ 32–541.04a. Expansion of paid-leave benefits and employer contribution rate change.

(a) By March 1, 2022, and annually thereafter, the Chief Financial Officer ("CFO") shall update estimates of the projected cost of the paid-leave program established by this subchapter and any paid-leave benefit expansions set forth in subsection (c)(1) of this section that have not yet been implemented.

(b)(1) On or before March 1 of each year beginning with March 1, 2022, the CFO shall certify the:

(A) Fund balance of the Universal Paid Leave Fund;

(B) Projected annual revenues for the current fiscal year and future fiscal years, for the duration of the financial plan, to be deposited into the Universal Paid Leave Fund at the then-existing employer contribution rate;

(C) Projected annual expenditures from the Universal Paid Leave Fund at the then-existing maximum paid-leave benefit durations;

(D) Projected fiscal impact of the paid-leave benefit expansions and employer contribution rate change set forth in subsection (c) of this section, which shall include whether, and at what tier of expansion, the paid-leave benefit expansions and employer contribution rate would cause the projected fund balance of the Universal Paid Leave fund to fall below the equivalent of 9 months of paid-leave benefits at the expanded tier; and

(E) Projected employer contribution rate necessary to maintain the then-existing level of benefits and continued solvency of the Universal Paid Leave Fund.

(2) The Mayor shall incorporate the certification required pursuant to paragraph (1) of this subsection into the Mayor's annual submission of the District's multiyear budget and financial plan to the Council, which shall reflect any paid-leave benefit expansions or employer contribution rate change required pursuant to subsection (c) of this section, as certified pursuant to paragraph (1) of this subsection.

(3) A paid-leave benefit expansion or employer contribution rate change set forth in subsection (c) of this section shall apply as of July 1 of the year in which the paid-leave benefit expansion or employer contribution rate change will not cause the projected fund balance of the Universal Paid Leave Fund to fall below the equivalent of 9 months of benefits at the expanded tier, as certified pursuant to paragraph (1) of this subsection.

(c)(1) Paid-leave benefits shall be expanded in the following order:

(A) Extend the maximum duration of qualifying pre-natal leave by one or more workweeks, until the maximum duration of qualifying pre-natal leave equals 2 workweeks;

(B) Extend the maximum duration of qualifying medical leave by one or more workweeks, until the maximum duration of qualifying medical leave equals 6 workweeks;

(C) Extend the maximum duration of qualifying parental leave by one or more workweeks, until the maximum duration of qualifying parental leave equals 10 workweeks;

(D) Extend the maximum duration of qualifying medical leave by one or more workweeks, until the maximum duration of qualifying medical leave equals 8 workweeks;

(E) Extend the maximum duration of qualifying family leave by one or more workweeks, until the maximum duration of qualifying family leave equals 8 workweeks;

(F) Extend the maximum duration of qualifying parental leave by one or more workweeks, until the maximum duration of qualifying parental leave equals 12 workweeks;

(G) Extend the maximum duration of qualifying medical leave by one or more workweeks, until the maximum duration of qualifying medical leave equals 10 workweeks;

(H) Extend the maximum duration of qualifying family leave by one or more workweeks, until the maximum duration of qualifying family leave equals 10 workweeks;

(I) Extend the maximum duration of qualifying medical leave by one or more workweeks, until the maximum duration of qualifying medical leave equals 12 workweeks;

(J) Extend the maximum duration of qualifying family leave by one or more workweeks, until the maximum duration of qualifying family leave equals 12 workweeks;

(2) Beginning with July 1 of the first year in which all paid-leave benefit expansions set forth in paragraph (1) of this subsection have been implemented, and annually thereafter, if the projected employer contribution rate calculated by the CFO pursuant to subsection (b)(1)(E) of this section is below 0.62%, the employer contribution rate shall equal that projected employer contribution rate. If the projected employer contribution rate calculated pursuant to subsection (b)(1)(E) is greater than or equal to 0.62%, then the employer contribution rate shall be 0.62%.

(d)(1) At least 60 days before implementation of any paid-leave benefit expansion or employer contribution rate change pursuant to this section, the Mayor shall prescribe and provide to covered employers an update to the notice required under§ 32-541.06(i). The Mayor may conduct a public-education campaign to inform individuals of expanded benefits. Costs of the notice and campaign authorized under this subsection shall be payable pursuant to § 32-551.02(c)(1), from the Universal Paid Leave Administration Fund.

(2) A public education campaign conducted pursuant to paragraph (1) of this subsection shall include:

(A) Updated programmatic notices sent electronically to all covered employers, which shall be distributed to their covered employees;

(B) At least 3 webinars, of which at least one shall be offered during evening hours or on the weekend, that are open to the public and that shall be promoted through multiple methods of communication at least 2 weeks before they occur; and

(C) Promotional mailers, including postcards, sent to all households with residents enrolled in the District's Medicaid or Health Care Alliance Program, and other households as determined by the Mayor.