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District of Columbia - Compensation & Benefit Legislation

DISTRICT OF COLUMBIA - AASHOWME

Demonstrates www.BenefitsReview.com™. Illustrates insurance carriers' coverages within the District.

 

DISTRICT OF COLUMBIA - ADOPTED CHILD HEALTH CARE MANDATE

OBRA 1993 (Federal) requires group health plans to honor medical and child support orders. Also, plans must treat adopted children like biological children covered by the plan, and plans are precluded from applying pre-existing condition exclusions to an adopted child where no such exclusion applies to a newborn biological child. Health plans that covered the cost of pediatric vaccines as of May 1, 1993, and fail to continue that level of coverage, will be subject to an excise tax penalty applicable to plans that fail to meet the health care continuation coverage requirements under OBRA 1993.

 

Mandatory coverage of birth of adopted children is included in state's newborn health care mandate.

 

Preventive care for children: immunization and blood tests (including test for sickle-cell anemia for newborns). Unlimited visits to age 12, 3 visits per year between ages 12 to 18.

 

(District of Columbia Code Ann. Sections 35-530 35-1101, 35-1102)

 

DISTRICT OF COLUMBIA - ALCOHOLISM & DRUG ABUSE

Mandatory coverage.

 

Minimum yearly inpatient coverage: 28 days, plus 12 for detoxification.

 

Minimum yearly outpatient coverage: 30 visits.

 

Minimum lifetime coverage: No statutory requirements.

 

(District of Columbia Code Ann. Sections 3-202, 3-203.)

 

DISTRICT OF COLUMBIA - CAFETERIA PLAN TAX LAWS

State income tax, unemployment insurance tax on salary reduction: For Unemployment Insurance purposes, the total amount of employees' salary reductions and any cash that the employee has the option to receive (qualified cafeteria plans must include cash as an option) must be treated as wages.

 

DISTRICT OF COLUMBIA - GROUP HEALTH CODE ADDITIONS (MANDATED)

Alcoholism and Drug Abuse Treatment: Policies must cover medical and psychological treatment including inpatient, residential, and outpatient services certified as necessary. Benefits must include coverage for at least 12 days of detoxification annually, 28 days of inpatient or residential care annually, and 30 outpatient visits per year. (District of Columbia Code Ann. Sections 35-2302, 2303.)

 

Mental Health: Policies must cover treatment of clinically significant mental illnesses including the cost of at least 45 days per year for inpatient or residential care and at least 75 percent of the cost of the first 40 outpatient visits per year and 60 percent of visits thereafter. (District of Columbia  Code Ann. Sections 35-2302 to -2311.)

 

Newborns: Policies must cover newborn children from the moment of birth for injury or sickness including treatment of medically diagnosed congenital defects, birth abnormalities and prematurity. (District of Columbia Code Ann. Sections 35-1101 to -1104.)

 

DISTRICT OF COLUMBIA - GROUP LIFE CODE ADDITIONS

Employer required to pay part of premium: Yes.

 

Percent of employees who must elect coverage (if employees pay part of premium): 75%.

 

Percent of employees who must be covered if employer pays all of premium: 100%.

 

Minimum number of employees in group plan: 10.

 

Employer prohibited as beneficiary: Yes.

 

Grace period (days): 31.

 

Mandatory conversion: Yes.

 

Other provisions: Insurer may not limit benefits based on fact that death was caused by AIDS, ARC, HIV, or diseases arising out of these conditions.

 

(D.C. Code Ann. Sections 35-223, 35-514, 35-515, 35-516)

 

DISTRICT OF COLUMBIA - HOLIDAYS

January 1, Washington's Birthday (or 3rd Monday in February), Memorial Day (or last Monday in May), July 4, Labor Day (or 1st Monday in September), Veterans Day, and December 25 are state holidays in all 50 states and in the District of Columbia. Other holidays under State law include: Martin Luther King's birthday (or 3rd Monday in January), Columbus Day (or 2nd Monday in October), Thanksgiving. Other: Any holiday appointed by President. If any holiday falls on a Sunday, the following Monday is a holiday; if any holiday falls on a Saturday, the preceding Friday is a holiday. (District of Columbia Code Section 28-2701)

 

DISTRICT OF COLUMBIA - IMMIGRATION (PREVAILING WAGE POLICY)

See U.S. Federal General Administrative Letter 1-2000

 

DISTRICT OF COLUMBIA - JURY DUTY & WITNESS TIME OFF

Employer Restriction For Discharging Employee For Taking Leave For Jury Service: Yes.

 

Remedies and Penalties: Violator is guilty of criminal contempt, punishable by a fine of not more than $300, or imprisonment for not more than 30 days, or both. Employee can bring civil action within 9 months of discharge for lost wages, reinstatement and reasonable attorney fees.

 

Other Requirements: None reported. (District of Columbia Code Ann. Section 11-1913.)

 

Employer Restriction For Discharging Employee For Taking Leave to be a Witness: State reports no statutory provisions.

 

Remedies and Penalties: State reports no statutory provisions.

 

Other Requirements: State reports no statutory provisions.

 

DISTRICT OF COLUMBIA - LEAVES OF ABSENCE

Employers Subject to Leave Laws: All employers.

 

Criteria for Eligibility: At least 1 year continuous service and 1,000 hours of work in a 12 month period.

 

Maximum length of leave: 16 weeks in a 24 month period.

 

Paid Leave: District does not require paid leave.

 

Acceptable Reasons for Leave: Birth/adoption of a child or foster child; care for family member, employee illness.

 

Employment Guarantees After Leave: Entitled to reinstatement in the position held prior to the leave or equivalent position.

 

Use of Vacation or other Time-off Benefits: Employee may elect to use paid sick, vacation, or personal benefits before receiving leave benefits.

 

Certification Required: Employer may require certification of illness if leave is taken to care for a family member or employee's illness, as well as require a second or third opinion at employer's expense.

 

Effect of Leave on Other Benefits: Health benefits continue while on leave; all other fringe benefits accrued prior to leave are restored at end of leave.

 

Effect of Seniority Accrual During Leave: Seniority benefits do not accrue while on leave.

 

Minimum Requirements for Notification to Employer: Reasonable notice, if possible, is required.

 

Conditions for Denial of a Request For Leave: When husband and wife are working for same employer, leave may limited to a combined total of 16 weeks in any 24 month period. Simultaneous leave may be restricted to a maximum of 4 weeks if harmful to employer. (District of Columbia Code Ann. Sections 36-1301, 36-1305, 36-1316.)

 

See U.S. Federal Family and Medical Leave Act

 

DISTRICT OF COLUMBIA - LONG TERM DISABILITY CODE ADDITIONS

District does not require employer to provide long term disability benefits; although many employers do in order to remain competitive in hiring/retention of employees.

 

See LEAVES OF ABSENCE (above), WORKERS' COMPENSATION (below) and U.S. Federal Americans With Disabilities Act

 

DISTRICT OF COLUMBIA - MANDATED PROVIDERS

Optometrists and dentists. (District of Columbia Code Ann. Section 35-530)

 

DISTRICT OF COLUMBIA - MENTAL HEALTH CARE

Mandated coverage.

 

Minimum yearly inpatient coverage: 45 days.

 

Minimum outpatient coverage: 75% coverage for first 40 visits, 60% thereafter

 

Minimum lifetime coverage: the greater of $80,000 or 1/3 of the lifetime maximum for physical illness.

 

(D.C. Code Ann. 35-2302, 35-2304, 35-2305) 

 

DISTRICT OF COLUMBIA - MINIMUM WAGE

$6.15 per hour (effective 9/1/97).

 

See U.S. Minimum Wage

 

DISTRICT OF COLUMBIA - NEW HIRE REPORTING

Who is required to report: All employers.

 

Who must be reported: All new hires and rehires.

 

Exempt from reporting: No exemptions.

 

Form(s) to file: W-4 or DC New Hire Registry Reporting Form. Information may be transmitted by mail, telefax, electronically or by telephone.

 

Filing deadline: Within 20 days of employee’s first day of work.

 

Employer information to be included: Name, address, and EIN.

 

Employee information to be included: Name, address, and SSN.

 

Penalty for failure to report: $25 fine for non-compliance; $500 fine if non-compliance is a conspiracy between employer and employee.

 

DISTRICT OF COLUMBIA - NEWBORN CARE MANDATE

Newborns: Policies must cover newborn children from the moment of birth for injury or sickness including treatment of medically diagnosed congenital defects, birth abnormalities and prematurity. (D. C. Code Ann. Sections 35-1101 to -1104.)

 

DISTRICT OF COLUMBIA - PARENTAL LEAVE

See U.S. Federal Family and Medical Leave Act

 

DISTRICT OF COLUMBIA - PRE-EXISTING CONDITIONS

See U.S. Federal Health Insurance Portability & Accountability Act

 

DISTRICT OF COLUMBIA - PROTECTED CLASSIFICATIONS

Age:   Yes, age 18 and over.

Race:    Yes.

Color:   Yes.

National Origin:   Yes.

Ancestry:  No specific law. State has expressed policy against discrimination.

Religion:   Yes.

Sex:  Yes.

Pregnancy: Yes.

Sexual Harassment: No specific law. State has expressed policy against discrimination.

 

(D.C. Code Ann. Sections 1-2505, 1-2512.)

 

DISTRICT OF COLUMBIA - SALARY SURVEY

ERI's Relocation Assessor™ is a recommended source for U.S./Canadian wages & salaries (covering 3,000 positions).

 

DISTRICT OF COLUMBIA - SHORT TERM DISABILITY CODE ADDITIONS

District does not require employer or employee participation in short term disability plans.

 

DISTRICT OF COLUMBIA - TERMINATION & SEVERANCE PAY

Date pay is due if employee is discharged: Next business day.

Date due if employee resigns: Within 7 days.

Wages: Yes.

Vacation Pay: Yes. (Case law requires payment of vacation pay unless there is an agreement to the contrary).

Holiday: No.

Sick leave: No.

Severance: No. (District of Columbia Code Ann. Section 36-103. See Jones v. District of Columbia Parking Management Co., 268 A.2d 860 (D.C. 1970))

 

DISTRICT OF COLUMBIA - UNEMPLOYMENT TAX

Employer Contributions:

 

 

Voluntary Contribution Provision: No. District has no statutory requirements.

(District of Columbia Code Ann. Sections 46-103, 46-114.)

 

DISTRICT OF COLUMBIA - VACATION PAY

See TERMINATION & SEVERANCE PAY (above)

 

DISTRICT OF COLUMBIA - WORKERS' COMPENSATION

Private Employers: Mandatory as to all employments.

 

Public Employers: Separate act is mandatory for all public employments, except officers or employees of the United States, state, or foreign government, and uniformed D.C. police or firefighters.

 

Exceptions: Farm labor, employees, master of crew of any vessel, and employees of common carrier by railroad in interstate commerce.

 

Special Coverage Provisions: Domestic workers covered if employer employs 1 or more for 240 hours or more in a calendar year. Act applies to injuries occurring outside of Washington D.C. if the employment is principally localized in D.C.

 

(U.S. Chamber of Commerce, 1994 Analysis of Workers' Compensation Laws.)