How to access D.C.'s paid family leave benefits

After 15 months of debate in 2016, D.C. became one of just a handful of jurisdictions nationwide to offer paid time off to care for a family member or oneself. 

Proponents of the Universal Paid Leave Amendment Act said the program — which is funded by a tax paid by participating D.C. businesses and nonprofits — would help small organizations offer similar paid time off to that of some larger companies, as well as allow part-time and contract workers access to the benefit. 

“[This legislation] puts workers in a better position to care for their families while providing a benefit that is not available anywhere else,” former Councilmember David Grosso said at the time.“That is something we should be very proud to vote for.”

Detractors, including business groups and Mayor Muriel Bowser, accused the program of being too expensive. Some residents who support the program have criticized what they say is a low cap. “The maximum benefit we get is less than what we earn if we were working,” said Ward 4 resident Gavin Baker during a 6-month review of the program by the D.C. Council in 2021. “It doesn’t help us with infant care. It costs $24,000 a year in D.C. to pay for infant care. You are hit with a double whammy of paying for infant care and having reduced pay to take care of your children.”

The U.S. is one of few countries without a national paid family leave program. In 2017, only 14% of non-federal workers had access to paid leave through their work. By 2023, it increased to 27%, according to data from the U.S. Department of Labor. But that number drops to just 6% for low income workers.

While several more states and cities have implemented paid family leave programs in recent years, putting the total number of such programs at 14 nationwide, District residents enjoy some of the most comprehensive benefits. 

D.C. began collecting taxes to fund the program in 2019, and eligible D.C. workers began receiving benefits the following year. In the program’s first few years, it only offered up to eight weeks of paid time off. In 2022, that number increased to 12 weeks.

If you work in the District, here’s what you need to know about the program and your eligibility. 

What does D.C.’s paid leave policy entail? 

Four types of leave are covered under its paid family leave policy: family, medical, parental, and prenatal. You can take up to 12 weeks of combined leave in a year or 14 weeks if you’re pregnant. You are not allowed to work on the days you are receiving benefits.

Medical leave gives you up to 12 weeks off if you’re dealing with a serious health condition, such as a chronic or incurable condition, preventative treatments, or pregnancy complications. Family leave lets you take that time to care for a family member with a serious health condition, including a child, parent, spouse, grandparent, or sibling. They don’t have to be your biological family members for you to be eligible. However, you will have to provide a medical certification from your family member’s medical provider that must state that you are caring for them and fill out a form that describes your relationship. The second form is optional if you have other proof of your relationship, like a birth certificate. 

Parental leave gives you paid time off to “bond with a new child.” This could look like welcoming a newborn, foster child, or adopted child. You have one full year from when you welcomed the child to take parental leave. 

You can take an additional two weeks off per year for prenatal leave if you’re pregnant. This doesn’t impact the allotted 12 weeks for parental leave after giving birth. Prenatal leave can be used for pregnancy-related doctor’s visits, medical treatment, or bed rest if recommended by your doctor and can be taken in 1-day periods.

How much will I be paid?

If you’re taking full-time leave (meaning you're taking all 12 weeks at once), you’ll receive either 90% of your weekly pay or a maximum of $1,153 per week. If you’re taking part-time leave (meaning you’re taking your leave in stages), your pay will be based on a daily amount taken from your calculated weekly benefit amount. 

You’ll get paid on a biweekly basis through direct deposit or a prepaid debit card. Calculate how much your weekly benefits could be here.

Am I eligible for the program?

In order to access benefits, you must be currently employed, experience a qualifying event, and at least half of your total work time must be for a D.C. employer (based on the year prior to needing leave). You can also be self-employed if at least half of your work is in D.C.

Your employer has to report your pay to the city and pay into the paid family leave tax for you to access paid leave benefits. This includes full-time, part-time, and seasonal workers. Remote work done in the District counts. Check with your employer to see if they pay into the program. 

If you’re self-employed and conduct your work at least half of the time in the District based on the year prior to needing leave, you can only access benefits if you opt into the program in advance. There are two periods when you do so: during open enrollment (every year between Nov. 1 and Dec. 31) and within the first 60 days of becoming self-employed. You’ll have to make your own contribution to the program — a 0.75% tax on income earned from D.C.-based work.

You can calculate potential taxes here and enroll in the program here. 

Great, I qualify — how do I apply?

Regardless of your type of employment (full-time, part-time, self-employed, etc.) you will apply for yourself. You have to sign up for an account to submit your claim through the Department of Employment Services’ website. You can do that here. 

You’ll need to show proof of your qualifying event to receive benefits. Check out what documents you may need here by clicking on “checklist for benefits application.” Access the benefits forms you’ll need to apply here. 

You must wait until your qualifying event happens, then you should apply within 30 days. If you apply after 30 days of the event, you’ll only receive benefits for future time off — not days already taken. Some exceptions may be considered depending on circumstances. It can take up to 10 days to hear back on your claim. 

Legally, you must tell your employer at least 10 days before the first date you need leave if you know the qualifying event is happening and plan to apply for benefits. If the qualifying event is an emergency, you must tell your employer at most two days after the event. Give your notice in writing so there is a written record. Make sure to include your leave schedule and the type of leave you plan to take. 

Do I have to take my leave all at once?

No, you can take your leave in chunks of time or all at once as long as it's in the span of 12 months and taken in full days, regardless of your employer and employment type. You can change your leave schedule at any time. 

The Sunday of the first week you start receiving benefits is when your leave year begins. This means you’ll be eligible for another 12-14 weeks (if you still meet the eligibility requirements) 12 months after this day.

My job offers paid family leave, too. Can I still access D.C.’s plan?

Yes, you can access both an employer-sponsored leave policy as well as D.C.’s policy at the same time. Each employer’s policy may differ, so check with your job to see how their plan functions alongside D.C.’s program.  

However, the combination of city and employer benefits can be difficult for beneficiaries to navigate, according to Laura Brown. She is the executive director of First Shift Justice Project, which offers legal assistance and resources to low-income caregiver workers in the District.

“The coordination of benefits — paid leave benefits with employer provided vacation, sick leave, short term disability, and parental leave programs — has a significant impact on employees,” she said. “It would be easier for them just to receive 100% income from one source rather than a patchwork of programs/benefits.”

What issues have come up when people apply for benefits? 

Some Reddit users expressed confusion about eligibility for the program, specifically for self-employed workers and workers who live in D.C. but work outside of the District (Note: you have to work in the District to receive the benefits.) They also questioned how D.C.’s program coincides with their employer’s paid family leave policy. Some users reported being more confused after speaking with the program’s hotline. 

Brown said some of her clients’ most common barriers to accessing the program include the lack of job protection if they take leave, challenges obtaining and submitting required medical documents (due to difficulty scheduling doctors visits and getting forms back from doctors), uploading documents to the online system, and applying within the 30-day window.

In 2023 and the first quarter of 2024, more than 24,000 new benefit claims were filed. Out of those claims, nearly 1,500 were denied, according to data from the Department of Employment Services. However, Brown said, “In my opinion, the bigger problem is what can’t be counted: the workers who don’t even apply because of some of the barriers.”