ENROLLED ORIGINAL
A RESOLUTION
24-280
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
November 2, 2021
To declare the existence of an emergency with respect to the need to amend the Accrued Sick and
Safe Leave Act of 2008 to provide leave for COVID vaccinations and recovery; the District
of Columbia Family and Medical Leave Act of 1990 to extend and update existing unpaid
leave available for COVID-related purposes; and the Coronavirus Support Temporary
Amendment Act of 2021 to make conforming amendments.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
resolution may be cited as the COVID Vaccination Leave Emergency Declaration Resolution of
2021.
Sec. 2. (a) The coronavirus pandemic, which began in early 2020, continues to have
significant impacts on the public health as well as the economy and workplace. Vaccinations
have greatly reduced the risk for many working people, but the highly transmissible Delta variant
has re-introduced risks, including to vaccinated individuals and their families. Many workers
continue to work remotely, but many others, particularly many essential workers, cannot work
remotely due to the nature of their work.
(b) The Council has taken numerous actions over the course of the pandemic, and, given
the continuing health risks of the coronavirus at home and work, the Council must continue to
ensure that workers have the supports they need due to the ongoing emergency.
(c) On April 6, 2021, the Council passed on second reading, and on May 3, 2021, the
Mayor signed Bill 24-140, the Coronavirus Support Temporary Amendment Act of 2021, which
extended provisions of law initially implemented at the onset of the coronavirus pandemic for the
purpose of providing paid public health emergency leave under the Districts Accrued Sick and
Safe Leave Act and unpaid COVID-19 leave under the Districts Family and Medical Leave Act
(DCFMLA), during the public health emergency, as declared by the Mayor. These provisions
are set to expire on November 5, 2021.
(d) It is necessary to continue to provide employees paid and unpaid leave options that
reflect the evolving nature of the pandemic. In particular, the Councils goals are to ensure as
many people as possible, including children, are fully vaccinated. The Council also wants to
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ENROLLED ORIGINAL
ensure that workers have job-protected time off as the pandemic continues, and that workers can
return to their jobs as the pandemics impacts recede, rather than become unemployed.
(1) Working people need paid time off from work to receive the COVID-19
vaccination, recover from any side effects of a vaccine, or to take their children over age 12 to
receive the vaccination and provide care during their recovery. Many people will need time in
the future to take their younger children to receive their vaccinations and recover, as necessary.
Additionally, the Centers for Disease Control has recommended that individuals over age 65 or
with immunocompromising conditions receive booster shots; it is very likely that other
individuals will also need booster shots in the future.
(2) However, many workers are unable or reluctant to receive the vaccine because
they fear that the time for the injection and its side effects could cause them to miss work and,
thus, pay for that time. In June 2021, Kaiser Family Foundation (KFF) reported in survey
findings that workers who reported that their employers provided paid time off for vaccines were
more likely to be vaccinated. KFF concluded this suggest[s] that more employers encouraging
vaccination and offering paid time off could lead to higher vaccination rates among U.S.
workers.
(3) Many workers continue to need time away from work to deal with the impacts
of COVID-19, including recovering from COVID-19, caregiving for someone with COVID-19,
exposure and quarantine, schools or childcare providers being unavailable, the long-term impacts
of COVID-19, a need to isolate due to an immunity condition, and other reasons.
(c) As many businesses continue or reopen operations and workers continue working or
soon will return to work, the Council must ensure that working people have the leave time they
need to support their health and respond to COVID-related needs.
(d) The Council finds that emergency circumstances necessitate paid leave for COVID-
19 vaccination and recovery and continued access to unpaid family and medical leave for
COVID-related reasons for the foreseeable future.
Sec. 5. The Council of the District of Columbia determines that the circumstances
enumerated in section 2 constitute emergency circumstances making it necessary that the
COVID Vaccination Leave Emergency Amendment Act of 2021 be adopted after a single
reading.
Sec. 6. This resolution shall take effect immediately.
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