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New Hire Paperwork: District of Columbia

New Hire Paperwork requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: XpertHR Editorial Team

Summary

District of Columbia Family and Medical Leave Act of 1990 (DC FMLA) Notice

The District of Columbia-required Family and Medical Leave Act poster describes employee's rights under the D.C. Family and Medical Leave Act of 1990. +D.C. Code § 32-511. Employers with 20 or more employees are required to post this notice and include it in its employee handbook or manual. +D.C. Code § 32-516.

If an employer does not maintain an employee handbook or manual, it must distribute the DCFMLA information to new employees in another form, such as through a handout or electronic (e-mail) distribution. +CDCR 4-1613.

Willful violations of this notice requirement will result in a civil penalty of up to $100 for each day the notice is not posted. +D.C. Code § 32-511.

Universal Paid Leave Benefits Notice

The District of Columbia has enacted the Universal Paid Leave Amendment Act of 2016 (Act), which provides employees with paid parental, family and medical leave benefits, funded by a mandatory 0.62 percent employer payroll tax. The Act applies to covered employers which includes those required to pay unemployment insurance on behalf of employees, or self-employed individuals who have opted into the paid-leave program. See FMLA: District of Columbia. The Act takes effect April 7, 2017, but the tax will not be collected until 2019 (i.e., will begin by July 1, 2019), and employees cannot begin accessing paid leave benefits until July 1, 2020.

The Act requires covered employers to provide new hires notice of the following within 30 days of the beginning of employment:

  • An employee's right to paid-leave benefits and the terms under which the leave may be used;
  • Retaliation protections for covered employees who request, apply for or use paid-leave benefits;
  • That an employee who works for a covered employer with under 20 employees will not be entitled to job protection if he or she decides to take paid leave under the Act; and
  • Complaint procedures.

The notice may be sent electronically, as long as the employer retains email receipts or signed statements by employees acknowledging delivery.

The notice must also be provided on an annual basis and whenever the covered employer is aware that the leave is needed. Covered employers must also post notice at each worksite in English and all other languages in which the District has published the notice. The notice must be posted in a conspicuous place or places where notices to employees are customarily posted. An employer must send the notice to covered employees who work remotely, to post at their individual worksites.See Employee Communications: District of Columbia.

Failure to comply with the notice requirement could result in a civil penalty of up to $100 per covered employee to whom individual notice was not delivered, and $100 for each day that the covered employer fails to post the notice in a conspicuous place. If the District has not published a notice, then no liability will arise for a covered employer's failure to post the notice.

+D.C. Code § 32-541.06; CDCR 7-3407.

Protecting Pregnant Workers Fairness Act Notice

The District of Columbia enacted the Protecting Pregnant Workers Fairness Act of 2014, which requires employers to provide workplace accommodations for workers whose ability to perform the functions of a job are limited by pregnancy, childbirth, a related medical condition or breastfeeding. +2013 Bill Text DC B. 769.

An employer is required to post and maintain in a conspicuous place a notice of rights in both English and Spanish and provide written notice of an employee's right to a needed reasonable accommodation related to pregnancy, childbirth, related medical conditions, or breastfeeding pursuant to this act to:

  • New employees at the commencement of employment;
  • Existing employees within 120 days of March 3, 2015; and
  • An employee who notifies the employer of her pregnancy, or other condition covered by this law within 10 days of the notification.

An employer must provide an accurate written translation of the notice of rights to any non-English or non-Spanish speaking employee.

Breastfeeding Policy

Under the District of Columbia Human Rights Act (DCHRA) a woman has the right to breastfeed her child in any location, public or private, where she also has the right to be with her child. An employer is required to create a breastfeeding policy for mothers and must post and maintain a poster in a conspicuous location that sets forth the DCHRA requirements. +CDCR 4-518.2; +CDCR 4-599.

In addition to the posting requirements, each employer must create a policy with respect to its employees who are breastfeeding mothers; provided, that such policy shall not contain any rules or guidelines which dictate whether the mother's breast, or any part of it, is uncovered during or incidental to the breastfeeding of her child.

Wage Theft Prevention Amendment Act

The mayor of the District of Columbia signed the Wage Theft Prevention Amendment Act (Act), which among other things, requires employers to provide notice of pay to new hires. The law became effective February 26, 2015.

In particular, the Act requires every employer to provide to each employee at the time of hiring a written notice containing the following information:

  • The name of the employer and any "doing business as" names used by the employer;
  • The physical address of the employer's main office or principal place of business, and a mailing address, if different;
  • The telephone number of the employer;
  • The employee's rate of pay and the basis of that rate, including by the hour, shift, day, week, salary, piece, commission, any allowances claimed as part of the minimum wage, including tip, meal, or lodging allowances, or overtime rate of pay, exemptions from overtime pay, living wage, exemptions from the living wage, and the applicable prevailing wages;
  • The employee's regular payday designated by the employer; and
  • Any other information the mayor considers material and necessary.

Every employer, is required to furnish each current employee with an updated written notice containing the above information within 90 days after the Act became effective (May 27, 2015). If the mayor has made available a translation of the notice in a second language that is known by the employer to be the employee's primary language or that the employee requests, the employer must also provide the written notice to the employee in that second language. The notice is currently available in English and Spanish. As proof of compliance, every employer is required to retain copies of the written notice furnished to employees that are signed and dated by the employer and by the employee acknowledging receipt of the notice.

The District of Columbia Department of Employment Services, Office of Wage-Hour also requires that employers provide to employees and post the Wage Theft Prevention Amendment Act of 2014 Notice in a common place where all employees can see it.

There are slightly different notice requirements for temporary staffing firms.

Employee's Withholding Certificate

Residents must complete a Form D-4, DC Employee's Withholding Allowance Certificate, on or before the date they commence employment. +C.D.C.R. § 9-142.1.The form becomes effective when filed with the employer and remains in effect until the employee submits another form. +C.D.C.R. § 9-142.3. Nonresidents who work in DC must file Form D-4A, Certificate of Nonresidence in the District of Columbia. District of Columbia Income Tax Withholding and Tables. For more information on withholding taxes see Withholding Taxes: District of Columbia.

Employee Notification of Pay Requirements

An employer must provide specific pay-related information in writing to each newly hired employee at the time of hiring. An employer must also provide an updated notice to an employee anytime information in the employee's notice changes. +D.C. Code § 32-1008(c), +D.C. Code § 32-1008(d).

See Payment of Wages: District of Columbia.

Future Developments

There are no developments to report at this time. Continue to check XpertHR regularly for the latest information on this and other topics.

Additional Resources

Employee Leaves > FMLA: District of Columbia