By Andrea Lindemann

Four years ago, Washington D.C. became the second location in the country to enact a paid sick days law.  Unfortunately, the law remains little-known about and under-enforced.  In fact, recent D.C. Council hearings revealed that only one claim has been filed under the Act in the past two years. 

The slow start to public awareness of the D.C. law could be seen from the delay in the issuance of regulations.  While the law technically went into effect in November of 2008, the regulations did not go into effect until June of 2010.  In the fall of 2010, the Department of Employment Services (DOES) finally published the poster for employers required under the law.  Recently DOES mailed the posters to local businesses, but they have done little else to raise awareness or educate employees, employers, or the public about the law. 

As a result, many D.C. businesses and workers remain in the dark about the law.  The D.C. Employment Justice Center, which led the campaign to pass the law, helps educate employees about their right to paid sick leave.  For employers, many may want to do the right thing but simply do not know what is required of them.  While large companies likely get guidance from law firms, many small businesses do not have the same resources.  That is why CLASP has developed a guide to help businesses implement the law.  The guide presents 10 basic requirements of the law and provides a sample policy.  When sick leave policies are implemented, businesses can benefit from a healthier work environment and increased productivity and retention.

Last week I used the guide during a presentation for the D.C. Restaurant Industry Roundtable convened by the Restaurant Opportunities Center of Washington, D.C (ROC-DC).  The Roundtable provides restaurant owners with a path to the High Road to Profitability, which ROC defines as an ethical, pragmatic, and profitable approach to doing business that benefits employers, employees, consumers and the community.  These restaurant owners believe in treating their workers fairly and ROC-DC works with them to promote sustainable best practices that improve wages and working conditions.  They, like many businesses in D.C., believe in doing the right thing and appreciate strategies and information on how to do so.

Paid sick days are a key component to creating quality jobs and expanding economic opportunity. When workers risk losing a day's wages or their job all together because they or a family member are ill and they can't make it to work, families and communities suffer immensely.

Another overlooked requirement in the law is an annual report by the District of Columbia Auditor about the law's economic impact, whether businesses are complying with the posting requirements, and whether businesses are using staffing patterns to circumvent the law. To date, there has not been a report done under the law.  The audit would be a good starting place to gather information about the law and how it is working, or not working, in practice.  Last week D.C. EJC's Advocacy Manager Ari Weisbard testified at the budget hearing for the D.C. Auditor, explaining that there are significant compliance issues with the law and urging the study to be conducted this year.

CLASP's implementation guide is a step toward helping employers understand the D.C. paid sick days law, but it is not a substitute for guidance and a public awareness campaign by the D.C. government.  CLASP continues to urge the D.C. government to help businesses and workers understand the paid sick days law so that D.C. is a healthier and more productive place to live and work.