Is Sick Leave Mandatory for Hourly Employees in Washington D.C.?

 Posted on September 19, 2025 in Denial of Sick Leave

If you are an hourly employee working in Washington, D.C., you may wonder whether your employer has to provide paid sick leave. The answer is yes, thanks to one of the strongest sick leave laws in the country. D.C.’s Sick and Safe Leave Act requires employers to provide paid leave that you can use when you or your family member is sick or injured.

Unfortunately, many employers still try to deny hourly workers their legal rights. If you believe your employer is not following the law, a Washington, D.C. sick leave violation attorney can help. At Melehy & Associates LLC, our tenacious lawyers fight for workers every day. We offer free case evaluations, and if you win, your employer must pay your attorney’s fees. We speak Spanish (se habla español).

What Does the Sick and Safe Leave Act Provide?

The Accrued Sick and Safe Leave Act (ASSLA) applies to nearly all private-sector workers in Washington, D.C., including hourly employees. The amount of leave you earn depends on the size of your employer:

• Employers with 100 or more workers: Employees earn 1 hour of paid leave for every 37 hours worked, up to 7 days per year.

• Employers with 25–99 workers: Employees earn 1 hour of paid leave for every 43 hours worked, up to 5 days per year.

• Employers with 24 or fewer workers: Employees earn 1 hour of paid leave for every 87 hours worked, up to 3 days per year.

This leave can be used for your own medical needs, for a family member’s care, or if you or your family member is dealing with domestic violence or sexual abuse.

Unlike many states where sick leave is unpaid, D.C. law requires that sick leave be paid at your regular hourly rate. Hourly workers are often among the most vulnerable to retaliation, such as having hours cut or being threatened with termination. Both of these are illegal under D.C. law. If this happens to you, you can take action.

What Happens If Your Employer Violates Sick Leave Law?

If your employer refuses to provide earned sick leave, disciplines you for using it, or retaliates against you in any way, you have the right to file a complaint. Successful claims can result in payment for the sick leave you should have received, attorney’s fees and court costs, and further damages for lost wages or emotional distress.

Do I Need a Lawyer if My Boss Doesn’t Pay Sick Leave? 

Although the law is clear, employers often count on workers not knowing their rights. Some may argue that hourly employees are not covered, purposefully miscalculate how much leave you have earned, or try to intimidate you into staying quiet.

At Melehy & Associates LLC, we do not let employers get away with these tactics. Our firm is known for taking an aggressive approach in protecting workers’ rights in Washington, D.C. We carefully document violations, confront employers, and, when necessary, pursue your case in court.

Contact a Washington, D.C. Employment Lawyer for Sick Pay Violations

Hourly employees in Washington, D.C. are legally entitled to paid sick leave. If your employer has denied you this right or retaliated against you for using it, you have legal options.

At Melehy & Associates LLC, our D.C. employment attorneys for employees fight hard for workers and offer free case evaluations. Call us today at 301-587-6364 to learn how we can help. Se habla español.