Federal Law

Family and Medical Leave Act (FMLA)

Under the federal Family and Medical Leave Act (FMLA), an eligible employee can take 12 weeks of job protected unpaid leave in a 12-month period: 

• To To bond with a new child (birth, adoption, or foster placement);

• To care for a seriously ill family member; or

• To recover from a serious health condition rendering you unable to work, including pregnancy.

Pregnant people can use leave for prenatal care, issues, like morning sickness, or continuing medical care/recovery after birth.

You are an eligible employee if: 

• Your employer has 50 or more employees (within a 75-mile radius) OR you work for a public agency OR you work for a private or public elementary or secondary school; and

• You have worked for the employer for at least 12 months; and

• You worked for at least 1,250 hours in the year prior to your leave (about 24 hours per week).

Job protection: During your leave your group health benefits must be maintained as if you were still working and at the end of your leave, you are entitled to return to work.

* You should provide notice at least 30 days before you need leave or as early as possible. If your employer requests medical certification, you have 15 days to provide it. 

Your employer cannot fire or discriminate against you at work because of your pregnancy or because you need to take leave. 

Pregnant Workers Fairness Act (PWFA)

Under the federal Pregnant Workers Fairness Act (PWFA), an eligible employee is entitled to unpaid, job-protected leave as an accommodation for

• Pregnancy

• Childbirth

• Breastfeeding

• Other pregnancy-related conditions

Pregnant/postpartum people are entitled to as much leave as medically necessary for prenatal care, issues like morning sickness, or continuing medical care/recovery after birth.

You are an eligible employee if: 

• Your employer has 15 or more employees

Job protection: During your leave your group health benefits must be maintained as if you were still working and at the end of your leave, you are entitled to return to work.

* You should provide notice to your employer as soon as your medical provider recommends workplace job-protected leave for medical care/recovery (or other accommodations) for pregnancy, childbirth, or related-conditions.

Your employer cannot fire or discriminate against you at work because of your pregnancy or because you need to take leave.

Washington D.C.

Time off while pregnant or to bond with a new baby

Under the D.C. Family and Medical Leave Act (DCFMLA), an eligible employee can take 16 weeks of unpaid leave in a 24-month period to bond with a new child (birth, adoption, placement) and 16 weeks of unpaid leave in a 24-month period:

• To care for a seriously ill family member; or

• To recover from a serious health condition rendering you unable to work, including pregnancy.

You are an eligible employee if: 

• Your employer has 20 or more employees (across all locations in D.C.),

• You have worked for at least 12 months in total over the preceding 7 years (does not have to be consecutive) and at least 30 days prior to the day you request leave, and

• You have worked for at least 1,000 hours (about 19 hours/week) in the year before you start leave;

If you do not meet these criteria, you can still take job-protected time off for medical needs during pregnancy to recover from childbirth under D.C. Protecting Pregnant Workers Fairness Act (DC PPWFA).

Job protection: At the end of your leave, you are entitled to return to work.

D.C. Paid family leave benefits

Under the D.C. Universal Paid Family Leave Act, you can receive up to 12 weeks of pay to bond with a new baby, up to 12 weeks of pay to care for a family member, up to 12 weeks of pay to care for one’s own serious health condition and up to 2 weeks of pay for prenatal medical care. You are an eligible employee if +50% of your work time is in D.C. The wage replacement rate depends on your income, and some may be eligible for 90% of their regular pay. 

Time off if you are sick or dealing with domestic violence

You have the right to 3-7 days of paid sick leave under the DC Accrued Sick and Safe Leave Act if:

• You or a family a member are sick or otherwise need to seek medical care (e.g. check-ups); or,

• If you need to obtain care or services related to stalking, domestic violence or sexual assault.

You should notify your employer if you need this leave as early as possible and consistent with employer’s policies. If you miss more than 3 days, your employer may require medical certification. 

Time off for school-related activities

You can take up to 24 hours of unpaid leave within a one-year period under the DC Parental Leave Act if you need to attend school-related activities for your child, such as a parent-teacher conference, meeting with a social worker or counselor, concert, play, sporting event, etc. 

Virginia

If you work for an employer with 5+ employees, you can take job-protected time off for medical needs during pregnancy or to recover from childbirth under the Virginia Human Rights Act, even if you are not eligible for leave under the Family Medical Leave Act. 

Earned sick leave

If you work for an employer with 6+ employees you are entitled to earn 1 hour of paid leave for every 30 hours worked for a maximum of 40 hours a year for:

• You are physically or mentally ill;

• You are providing care for a sick family member;

• Your child’s school or care center is closed due to a public health emergency; or

• If you or your family member’s presence in the community may jeopardize the health of other because of their exposure to a communicable disease.