Expansion of D.C. PFML Benefits; Extension of Offsetting Prohibition

As part of the Fiscal Year 2022 Budget Support Emergency Act of 2021, the following changes were made to D.C. Paid Family and Medical Leave benefits effective October 1, 2021 – September 30, 2022:

• Paid medical leave increased from 2 weeks per 12 months to 6 weeks for leaves starting on or after September 26, 2021.
• The normal 7-day unpaid waiting period is waived.
• The benefit calculations increased based on the employee’s highest four-quarter earnings out of the most recent 10 quarters (as opposed to the previous calculation of the highest four quarters out of the most recent five quarters).
• Miscarriage and stillbirth were added as qualifying reasons for medical leave.
• Pre-natal leave was added as a new qualifying leave category providing two weeks of paid leave benefits.

The Emergency Act also extends the prohibition of short-term disability policies reducing benefits (also known as offsetting benefits) based on an insured’s receipt of medical leave benefits from the district. As previously reported, this prohibition was initially effective May 2021 and was temporary. Under the new law, the prohibition will remain in place until at least September 30, 2022.

The Department of Employment Services is expected to publish a revised PFML poster in the coming weeks. Employers should revise their leave policies as necessary.

D.C. Fiscal Year 2022 Budget Support Emergency Act of 2021 »