D.C. Department of Human Services Director sent this response to Councilmember Grosso's letter outlining his long-standing concerns with the operations and conditions of the homeless shelter on New York Ave NE in Ivy City.
By Lou Chibarro, November 23, 2015, Washington Blade
More than 200 people packed the Metropolitan Community Church of Washington on Nov. 20 to commemorate the lives of transgender people who died at the hands of hate violence in the U.S. and abroad over the past year.
The event, the annual Transgender Day of Remembrance, included a ceremonial reading of the names of 22 transgender women who were murdered in the U.S. in 2015 as well as several dozen trans people also murdered this year in other countries.
“The Transgender Day of Remembrance occurs annually on Nov. 20 to honor those who have been murdered because of transphobia and those who have survived gender-based violence,” a statement released by organizers of the event says.
“The overarching goal is to bring attention to the continued violence endured by the transgender community with continued hope that together we can end such violence and intolerance,” the statement says.
Transgender activist Alexa Rodriquez read the names of trans people murdered in Latin American countries while three fellow Latina trans women held a 30-foot-long banner with photos of about a dozen of the victims along with Spanish language newspaper articles reporting on the killings.
Rodriquez said many of the killings took place in Brazil and El Salvador.
Among those speaking at the event were D.C. Council member David Grosso (I-At-Large); Marvin Bowser, brother of Mayor Muriel Bowser; and Sgt. Jessica Hawkins, supervisor of the D.C. police department’s Gay and Lesbian Liaison Unit, who last year became the first transgender officer to be appointed to the position.
Veteran transgender activist Earline Budd, the lead organizer of the Trans Day of Remembrance event, said she was disappointed that Mayor Bowser and D.C. Police Chief Cathy Lanier did not attend the event. Bowser’s predecessor, Mayor Vincent Gray, and Lanier each attended and spoke at the event last year.
Marvin Bowser said Mayor Bowser, who had the event listed on her schedule one day earlier, had to cancel her appearance after feeling “exhausted” from the strain of her trip to China the previous week to promote business investment and tourism for the city.
D.C. Police spokesperson Lt. Sean Conboy said Lanier wasn’t able to attend due to a scheduling conflict. But Budd said Lanier initially told her she planned to attend.
“She had given her personal commitment to being here,” Budd told the Blade. “And we never got a notice that she was not going to be here.”
The Trans Day of Remembrance came two days after D.C. police arrested a transgender activist during a protest demonstration in the city’s Columbia Heights section in which protesters blocked traffic during evening rush hour.
The arrest of trans activist Jes Grobman on a charge of allegedly assaulting a police officer and disobeying a lawful order to stop blocking traffic was denounced by more than two dozen fellow protesters, who had assembled on the sidewalk next to the Columbia Heights Metro station at 14th and Irving Streets, N.W., to draw attention to abuse of trans people by law enforcement agencies throughout the country.
The U.S. Attorney’s Office dropped the charge of assaulting a police officer but left in place the charge of disobeying a police order. The National LGBTQ Task Force issued a statement “condemning” Grobman’s arrest, saying police could have exercised restraint in responding to the protest.
Budd said she did not think Lanier decided against attending the Trans Day of Remembrance event out of fear of being booed by the trans activists attending the event, some of whom also participated in the protest on Nov. 18.
“She would not have been booed,” said Budd. “She has the respect of the community,” Budd said, noting that Lanier was received warmly during her appearance at the event last year.
Grosso, a longtime supporter of the LGBT community, read a resolution unanimously approved by the City Council formally recognizing the Transgender Day of Remembrance. Marvin Bowser and Sheila Alexander Reid, director of the Mayor’s Office of LGBTQ Affairs, presented an official proclamation from the mayor declaring Nov. 20 Transgender Day of Remembrance in the District of Columbia.
Marvin Bowser and Grosso noted that discrimination and violence targeting the D.C. trans community continues despite the fact that D.C. has in place the nation’s strongest legal protections for transgender people.
“It’s not so much because we haven’t tried, but because there needs to be a mindset change,” Grosso told the gathering. “You need to change the culture here entirely and begin to see people as human beings from day one and not this horrible stigma and these horrible prejudices that we send and let grow in our communities,” he said.
More than a dozen representatives of the local trans community, including several youths, spoke about their personal experiences of discrimination and violence.
“I’m a transgender woman,” said Kimora Green. “No matter if you’re Hispanic, black, Caucasian, no matter if you’re passable or not, we all go through the trials and tribulations of being told, ‘Oh faggot stay away from me,’ or being told ‘You’re a man,’ or being told, ‘You just need to die – kill yourself,’” she said. “I’ve been told that many a time.”
[Transgender Day of Remembrance, gay news, Washington Blade]
Kimora Green (Washington Blade photo by Michael Key)
Green and others who told of similar experiences said they have emerged as survivors who have become stronger and more determined to fight for their rights and push for change in society’s perception of trans people.
Others who spoke and participated in the event were Ruby Corado, founder and director of Casa Ruby, the local LGBT community services center; Lourdes Ashley Hunter, the national transgender rights advocate and chief operating officer at Casa Ruby; and veteran D.C. trans activists Dee Curry, Jessica Xavier and Jeri Hughes.
Chad Griffin, president of the Human Rights Campaign; and Lt. Cheryl Crawley, commander of the police Special Liaison Division, which oversees the Gay and Lesbian Liaison Unit, also attended the event but did not speak.
Hawkins told the gathering she is happy to be in a position on the police force where she can work with the LGBT community in which she is a part. After listening to her fellow trans brothers and sisters recount the difficulties they sometimes face, Hawkins said she, too, has encountered such hassles.
“Even though I’m a police officer, I still get the looks,” she said. “I still get the ridicule. I still get people saying stupid things to me.”
[Transgender Day of Remembrance, gay news, Washington Blade]
Sgt. Jessica Hawkins (Washington Blade photo by Michael Key)
But she said the department and the chief are committed to protecting the rights of the city’s diverse population, including the trans community.
“I know there’s a lot of distrust with the police,” she said. “If you hear of a bad outcome or a bad interaction between someone that’s my brother and sister and an officer, let me know. I promise we will take care of it.”
Rev. Dwayne Johnson, pastor of Metropolitan Community Church of Washington, which ministers to the LGBT community, delivered an opening prayer at the event. Rev. Abena McCray-Peters of D.C. Unity Fellowship Church, which also has a largely LGBT congregation, officiated over the reading of the names.
Curry, who received a standing ovation for the remarks she delivered at the event, told the Blade it would have a lasting impact on the community.
“I think this was one of the best Transgender Days of Remembrance since the inception of the whole program,” she said. “I think that the diversity and the unity – I can feel the spirit here and I was so overwhelmed by it.”
Councilmember Grosso sent the following letter to City Administrator Young and DHS Director Zeilinger after the latest incident outside of the men's shelter located at 1355 New York Ave NE, which resulted in a death. Grosso had previously raised concerns about this shelter with both officials. The Mayor's office responded that a response is in the works. The shelter is run by Catholic Charities under a contract with DHS, and is located on D.C.-owned land.
For Immediate Release
11/11/2015
Contact: Keenan Austin
202-285-6447
Grosso Applauds Disbandment of FreshPAC
Washington, D.C.--Today, Councilmember David Grosso applauded the announcement that Mayor Bowser's close allies will disband the FreshPAC. Earlier this year, Grosso introduced legislation to close a loophole to prohibit the PACs ability to raise unlimited dollars in non-election years. Grosso released the following statement:
"Regardless of the legality of the FreshPAC and its operations, the unchecked influence of large donors in campaigns undercuts the voices of everyday D.C. residents. Most disappointing about the PAC was the overt admission that it would be used to actively undermine the balance of power in the District of Columbia. It is important that the Mayor and the Council have a relationship based on mutual respect, strong oversight and accountability. We should strive for collegiality, but the people of the District of Columbia expect and deserve a Council that is not just a 'rubber stamp' for the Mayor.
Now that the Mayor's supporters have shut down this FreshPAC, the city can begin to move forward to restore credibility with voters by removing even the appearance of conflicts between city business and our elections process by enacting stronger campaign finance protections. I hope to work with the support of Mayor to enact legislation to close this loophole, and improve the campaign finance system for years to come."
Grosso's legislation to close the loophole is cosponsored by a majority of the Council, and continues through the legislative process. In early December, Grosso will also reintroduce a campaign finance reform bill to establish a system of publicly financed campaigns. Similar to the bill he introduced in 2013, Grosso's 2015 bill would create a small dollar matching system to give everyday residents a more equal footing in the political process with big dollar donors. "I hope that my campaign finance reform bill can move swiftly through the Council to help reform campaign donations processes in the District of Columbia to ensure our elections are fair and every voice counts," Grosso said.
By Lou Chibarro, November 3, 2015, Washington Blade
D.C. Mayor Muriel Bowser on Monday said she expects to support the current version of a bill pending before the City Council that would require continuing education programs for licensed healthcare professionals that include LGBT-related “cultural competency” training.
Bowser’s comment follows testimony on Oct. 29 by her director of the city’s Department of Health, Dr. LaQuandra Nesbitt, calling for major changes to the bill – the LGBTQ Cultural Competency Continuing Education Amendment Act of 2015. LGBT advocates oppose her suggested changes.
Nesbitt told the Council’s Committee on Health and Human Services during a public hearing on the bill that she and Bowser support the general intent of the measure but believe it should be expanded to include cultural competency training “for all populations and sub-groups to whom healthcare professionals provide services.”
LGBT healthcare advocates joined more than a dozen representatives of healthcare organizations, including doctors and clinical social workers, in testifying at the hearing in favor of the version of the bill introduced in April by Council members David Grosso (I-At-Large) and Yvette Alexander (D-Ward 7). Alexander chairs the Health and Human Services Committee.
“I expect that we’ll support the Council bill,” Bowser told the Washington Blade following a news conference on Monday. “We will probably go with how they wrote it and if there are ways to enhance it down the line that’s what we would do,” she said.
The mayor’s comment will likely generate a collective sigh of relief from LGBT activists who expressed concern that Nesbitt had been pushing for a broader bill that could decrease its effectiveness in addressing the need for cultural training on medical issues impacting LGBT people.
Grosso told the Washington Blade he has no objection to cultural competency training pertaining to other population groups. But he said adding other groups to the bill would dilute its ability to address what he and others have said is lack of understanding and cultural sensitivity by many doctors and other health care providers toward LGBT patients.
The current version of the bill would amend an existing health care licensing law to require health care professionals, including doctors and mental health practitioners, to receive two credits of instruction on LGBT subjects as part of their continuing education programs.
“Despite the District’s strong policies against discrimination, our community, which is more than 10 percent of the District’s population, remains at risk,” said Rick Rosendall, president of the Gay and Lesbian Activists Alliance, in his testimony before the committee.
“[R]egarding the scope of this bill: Why is it limited to LGBTQ?” Rosendall asked. “For one thing, only so much can be covered meaningfully in two credits worth of training time. More crucially, our community faces the particular challenge of invisibility,” he continued. “If we are subsumed under a generic, all-encompassing category, we are effectively excluded.”
Alison Gill, senior legislative counsel for the Human Rights Campaign, told the committee that a 2009 nationwide survey found that more than half of LGBT respondents reported being refused needed care or being treated in a “discriminatory, disrespectful manner” by health care providers.
“Culturally competent care is especially important for LGBT people, as they continue to face substantial disparities in health, resulting from the stress of pervasive stigma; substance abuse and other health-endangering coping strategies; a reluctance to seek medical care due to fear of and actual healthcare discrimination; and the disproportionate impact of sexually transmitted disease,” Gill told the committee.
With the exception of Nesbitt, all of the nearly 20 witnesses testifying at the Council hearing expressed strong support for the bill as introduced by Alexander and Grosso. However, the executive vice president of the Medical Society of the District of Columbia, K. Edward Shanbacker, submitted a letter to the committee opposing the bill.
“The Medical Society believes strongly that the medical profession alone has the responsibility for setting standards and determining curricula in continuing medical education,” Shanbacker said in his letter. “In the District, the mechanism for that is the Board of Medicine, which has in the past opposed content-specific requirements surrounding continuing medical education,” he said.
Grosso said he has an answer to those, including the Medical Society, who say only doctors’ organizations and medical licensing boards should develop continuing education training on cultural competency matters.
“My answer to them is well you haven’t put this one in place and it would be important for us to put it on the books now,” he said, referring to LGBT cultural competence training.
He pointed to testimony by witnesses at last week’s Council hearing who told of LGBT patients who have been treated in a disrespectful manor and sometimes refused treatment by doctors unfamiliar with the special health needs of LGBT people, especially transgender people.
Dr. Raymond Martins, senior director of clinical education and training at D.C.’s Whitman-Walker Health, told the committee many of the mostly LGBT patients he has seen at Whitman-Walker have reported unpleasant experiences with other physicians and healthcare providers.
“Sadly, in this metropolitan area as well as throughout the country, physicians and other health providers do not receive adequate LGBT clinical and cultural competency training during medical school and their post graduate years,” he said. “This unfortunately leads to discrimination and poor health outcome for LGBT people,” Martins testified.
Grosso said he is hopeful that the bill will be finalized and brought up for a vote by the full Council before the end of the year. Eight other members of the 13-member Council signed on as co-sponsors of the bill.
For Immediate Release
November 3, 2015
Contact: Darby Hickey
(202) 724-8105
Grosso Introduces Bill to Encourage and Support Local Businesses
Washington, D.C.--Today, Councilmember David Grosso introduced the Local Business Support Amendment Act of 2015. “This bill will alleviate some government imposed burdens on our city’s businesses," Grosso said. “The Local Business Support Amendment Act makes important changes to better align the District of Columbia with neighboring jurisdictions and help our local businesses flourish.”
The bill creates a Local Business Ombudsman, in the Department of Small and Local Business Development, who will act as an independent business navigator and will work on behalf of businesses to trouble shoot and act as the point of contact during permitting, licensing and taxation process.
The bill also separates the Certificate of Occupancy from the Basic Business License process and will allow for a Basic Business License to be issued without the requirement of a Certificate of Occupancy. Currently, businesses throughout the city unnecessarily lose start-up capital waiting for the approval of their Basic Business License because they have to obtain a Certificate of Occupancy first, with no exceptions. Some businesses do not need a Certificate of Occupancy at all for their business model, but are forced to obtain one regardless.
The bill eliminates Basic Business License endorsement fee structures and allows for the transfer of a Basic Business License to a new location without any additional fees or applications. It will also allow for a registrant to apply for, and use, only one trade name for a business, and will extend the trade name issuance from two years to five years to remove the burden of costly biennial reporting.
“During my first two years in office, I became deeply familiar with the agencies that govern business operations in D.C. I have met with local businesses of all sizes throughout this city, and I have consistently heard that D.C. government regulations are not business friendly and offer few incentives for businesses to locate or expand in the city. I understand that fees serve as revenue for the city, but I believe we need to closely analyze what these seemingly small fees on businesses are worth if they are ultimately driving businesses and jobs out of the city,” said Grosso.
Councilmember David Grosso announces the reconvening of a recessed public hearing of the Committee on Education on B21-361, “Youth Suicide Prevention and School Climate Survey Act of 2015” and B21-319, “Assessment on Children of Incarcerated Parents Act of 2015”. The hearing will be held at 2:00 p.m. on Thursday, November 12, 2015 in Hearing Room 123 of the John A. Wilson Building.
Today, the Committee on Education along with the Committee on Transportation and the Environment held a joint oversight roundtable on District of Columbia Public School (DCPS) modernizations. This followed the Committees' joint oversight roundtable on the topic on July 8, 2015, when the D.C. Auditor released her report on the lack of accountability and transparency within the DCPS modernization program in fiscal years 2010-2013.
As many of you know, the Committee on Education has been focused on trauma-informed schools and school-based mental health services for the past several months. Ensuring our students have the ability to overcome adversity is a top priority for this Committee.
For Immediate Release:
10/27/2015
Contact: Darby Hickey
(202) 724-8105
High School Scores a Sobering but Necessary Performance Reality Check
Washington, D.C.--Councilmember David Grosso, chairperson of the Committee on Education, released the following statement on the Partnership for Assessment of Readiness for College and Careers (PARCC) high school scores for the District of Columbia:
"As expected, today's release of PARCC high school scores is nothing to cheer about; however, we must remember that this is a recalibrating moment in our city for assessment of progress in the public education system. When the District of Columbia transitioned to the PARCC assessment, we knew that the test would be more difficult. But we also knew that it was important for us to raise our standards to ensure that our students are honestly "college and career ready." These results present a more accurate indication of how much work we still have to do. It is not an indication of students learning less, but rather a better understanding of where we need to be in the long run.
I am confident that our educators and school leaders will get to work and use these new scores and data to continue to improve. This is simply a new baseline. And it is important to remember that the PARCC assessment is not our only indicator of success or progress. We must continue to look towards NAEP/TUDA data, high school graduation rates, and other indicators that show public education in D.C. is constantly improving.
I am committed to supporting the work of our public schools, and continuing to push and innovate in other areas of our government whose work impacts our students. If we want to see these results improve, schools cannot be the only place where we tackle the achievement gap. Every single resident has to be committed to doing all we can to ensure that every child in the city is in the best position to learn."
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Councilmember David Grosso, chairperson of the Committee on Education, and Councilmember Mary Cheh, chairperson of the Committee on Transportation and the Environment announces the scheduling of a joint public oversight roundtable on DC Public Schools (DCPS) school modernizations. The hearing will be held at 11:00 a.m. on Monday, November 2, 2015 in Hearing Room 412 of the John A. Wilson Building.
For Immediate Release:
10/20/2015
Contact: Darby Hickey
(202) 724-8105
Grosso Introduces Bill to Close PAC Campaign Finance Loophole
Washington, D.C.--Today, Councilmember David Grosso (I-At Large), along with Councilmembers Mary Cheh, Charles Allen and Anita Bonds, introduced the Political Action Committee Contribution Regulation Amendment Act of 2015 to close the loophole in D.C. campaign finance laws allowing Political Action Committees (PACs) to raise unlimited donations in non-election years. Grosso released the following statement:
"Since joining the Council, I have worked to do all that I can to empower our residents to feel as though they have a strong voice in local politics. I ran for office on a platform of good government, with transparency and ethics, and I have worked to further those goals as a Councilmember over the past three years.
Last year, the Council passed a law that closed the so-called 'LLC Loophole,' limiting donations of corporations to political campaigns, and bringing more transparency and accountability to the elections process. Despite that positive change, regulations were finalized that exempted Political Action Committees from the campaign finance donation limits during non-election years.
While campaign donations are a necessary aspect of politics, we also must ensure that everyone has an opportunity to participate in and positively influence the political process, regardless of how much or how little they are able to contribute, or if they do not contribute at all. Unlimited donations undermine the voice of the people, which is why I introduced this measure to close the loophole that allows Political Action Committees to raise unlimited donations in non-election years. By striking this section of the regulations we put Political Action Committees in the same position as Principal Campaign Committees with reasonable limitations on the amount of money that any one individual or business can contribute.
A healthy democracy needs engagement from residents, but when residents feel their vote does not matter, they disengage from the political process. Campaign finance reform is a critical aspect of good government because it keeps elected officials accountable to every voter, not just big donors. The legislation I introduced today helps to ensure that we strike the necessary balance between competing interests and expand the opportunity for everyone to have their voices heard."
On Saturday, November 7 at 10am, At-Large Councilmember David Grosso, chairperson of the Committee on Education will host an Educator Townhall focused on the curbing the school-to-prison pipeline.
Washington, D.C.--Councilmember David Grosso (I-At Large) issued the following statement after sending a letter to Chairman Jason Chaffetz (R-UT) on the planned vote to reauthorize the Congressionally-mandated school vouchers program:
Councilmember David Grosso announces the scheduling of a public hearing of the Committee on Education on early learning and early care in the District of Columbia and B21-19, the “Thurgood Marshall-Marion Barry Early Learning Academy Act of 2015”. The hearing will be held at 10:00 a.m. on Saturday, November 14, 2015 in Hearing Room 412 of the John A. Wilson Building.
Councilmember David Grosso announces the scheduling of a public hearing of the Committee on Education on B21-361, “Youth Suicide Prevention and School Climate Survey Act of 2015” and B21-319, “Assessment on Children of Incarcerated Parents Act of 2015”. The hearing will be held at 2:00 p.m. on Tuesday, October 27, 2015 in Hearing Room 412 of the John A. Wilson Building.
Councilmember David Grosso announces the scheduling of a public hearing of the Committee on Education on B21-0039, “Military Installation Public Charter School Amendment Act of 2016” and B21-0428, “School Choice for Military Families Amendment Act of 2015.” The hearing will be held at 10:00 a.m. on Thursday, October 29, 2015 in Hearing Room 123 of the John A. Wilson Building.
For Immediate Release
October 6, 2015
Contact: Darby Hickey
(202) 724-8105
Grosso Introduces Universal Paid Leave Legislation
Washington, D.C.--Today, Councilmember David Grosso (I-At Large) introduced the Universal Paid Leave Act of 2015, along with Councilmembers Silverman, Allen, Nadeau, May, McDuffie, and Cheh. This legislation, which would give 16 weeks paid leave to all workers in D.C., follows Grosso’s success last year to give D.C. government employees 8 weeks of paid family medical leave.
“As a country we lag behind the rest of the world on family leave—we need pro-family policies that encourage care taking and nurturing,” said Grosso. “The Universal Paid Leave Act will support our D.C. workers and families, while giving our local businesses a competitive advantage in attracting and retaining highly qualified employees.”
The bill, which Grosso co-wrote with Councilmember Silverman, would allow any employee in D.C., or any D.C. resident employed outside of the city, to access a government-run fund that would pay for up to 16 weeks of leave for a qualifying event. Qualifying events include a baby born or adopted, or major medical operations for the worker or a family member. The bill’s definition of family and major events are inclusive of the diversity of D.C.’s workers and families, including low-income workers, single-parent households, caregiving for non-child family members, lesbian, gay, bisexual and transgender individuals, and more.
“In D.C. we have been a leader on paid sick days, on raising the minimum wage, and providing paid family leave for government employees,” said Councilmember Silverman. “With this legislation, we once again position D.C. as a national leader on policies that bolster our families, workers, and employers.”
“I am very supportive of this legislation", said Michael Visser of Flying Fish Coffee and Tea. "As a small business, the proposed program would allow me to support paid family leave that I otherwise could not afford, not only for my own employees, but employees throughout the city."
Research shows that paid leave for either parent after the birth or adoption of a child has a significant positive outcome for the child’s future academic success. After California and New Jersey enacted paid leave programs, employers stated that the new law had a positive effect on employee retention, productivity, and profitability. Read more about the Universal Paid Leave Act of 2015 below.
To read a copy of the bill, click here.
BILL SPECIFICS:
The Universal Paid Leave Act creates a system for District of Columbia workers to receive up to 16 weeks of paid leave for a major life event such as birth or adoption of a child or caring for a sick or injured family member or for self-care. District of Columbia employers would pay into a city managed fund on a per-employee basis estimated to be less than 1% of the payroll.
Who takes: Any person working in the district for 50% or more of the preceding year for any covered employer. Self-employed individuals can pay in and be covered; private residents will pay in for themselves and be covered. DC Government Employees would continue to get their salary during paid leaves, rather than being part of this system, but the number of weeks of leave would be raised from 8 to 16 and add their own serious health conditions as a reason for taking leave. D.C. residents who work for the federal government or an employer outside of D.C. will pay into the fund individually, as will self-employed D.C. residents.
How much does the employee get? Up to 16 weeks for a qualifying event. Wage replacement is Benefits would equal 100% of average weekly wages up to $1,000 a week and then 50% of average earnings above that amount, up to a maximum benefit of $3,000 a week.
Who pays: Covered employer means any individual, partnership, general contractor, subcontractor, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include the United States or the District of Columbia.
How much does the employer pay? A scaled percentage of their employee’s wage for that pay roll period (less than 1% of the annualized salary before taxes).
What is a qualifying event?
- Qualifying event means one of the following:
- The birth of a child of the employee;
- The legal placement of a child with the employee (such as through adoption, guardianship, or foster care);
- The placement with the employee of a child for whom the employee permanently assumes and discharges parental responsibilities; or
- Care for a family member or personal serious health condition
- Family member means
- A person to whom the employee is related by blood, legal custody, domestic partnership, or marriage;
- A foster child;
- A child who lives with the employee and for whom the employee permanently assumes and discharges parental responsibility; or
- A person with whom the employee shares or has shared, within the last year, a mutual residence and with whom the employee maintains a committed relationship.
- Personal Care for a "Serious health condition" – this definition is expansive and inclusive so that our LGBTQ population can access leave for procedures that require hospitalization or managed care. The Bill contains inclusive definition of serious health conditions, caregiving, needs for military families, and other reasons for long-term paid leave.
Is the person’s job protected? D.C. Family Medical Leave Act (FMLA) currently protects many employees from termination or other forms of retaliation for taking a leave (which would typically be unpaid, but could include vacation or sick days as a part). Currently, the D.C. FMLA applies to, Businesses with 20 or more employees in the District; and Employees who have worked for the same employer more than a year and worked 1,000 or more hours in the year leading up to their leave request. The legislation would make only modest changes to job protections under the DC FMLA. It would decrease the hours and month requirement for eligibility for job protection, leave the small business exemption in place, and amends the definitions of “family” and “serious health condition” to match those in other laws.
FREQUENTLY ASKED QUESTIONS (link)
BACKGROUND:
Infographic: How Access to Paid Leave Helps Fathers
Infographic: To Promote Women’s Leadership, We Need Public Policy
The Business Case for Paid Leave and Paid Sick Days
Business School Faculty Letter to Congress
The Economic Benefits of Family and Medical Leave Insurance
The Science Behind Why Paid Parental Leave is Good for Everyone
Small Business Majority Research on Paid Family Leave
The Cost of Doing Nothing, U.S. Department of Labor Secretary Perez
1. Why does D.C. need the Universal Paid Leave Act of 2015?
The Universal Paid Leave Act would allow workers to care for themselves and their loved ones when major life events arise. Paid family medical leave helps families and workers to be healthier and happier. For businesses, the legislation allows them to retain talented and dedicated employees, while avoiding the high costs and lengthy processes associated with staff turnover and on-boarding. A robust paid family and medical leave program will give D.C. employers a competitive advantage in attracting and retaining highly qualified workers.
2. What would this legislation mean for employees?
The bill would cover up to 16 weeks of paid leave annually for a qualifying event (family bonding or personal/family medical issues). 100% of an employee’s wages will be replaced for the first $1,000 of her or his average weekly salary and then 50% thereafter up to $3,000 a week.
Example: Your annual salary is $50,000. You are a new father and want to take time off to be with your adopted child. You elect to take off 8 weeks and qualify to take leave after applying and having your eligibility verified. Your average weekly salary is $961, so you will receive that full amount for the entire 8 weeks.
3. Who is covered by the proposed legislation?
All District of Columbia employees are eligible for paid family medical leave if they are residents of the city or spend more than 50% of their time working for an employer in the city. Employees are eligible to receive payments from the family medical leave fund at the start of employment. However, employees are only eligible for job protection after six months or 500 hours of work in a 12-month period.
4. What are the responsibilities of an employer?
An employer pays a percentage (estimated 1% or less) from payroll for each employee into the government managed family medical leave fund. The fund administrators will be required to verify and process claims and will then pay the employees directly. The fund administrators would also handle any related investigations or appeals.
5. How will the proposed legislation be funded?
The Universal Paid Leave Act creates a city-managed fund financed by an employer-based cost-sharing model. Similar to Unemployment Insurance, all D.C. employers (except the federal and local government) will pay up to 1% of payroll into the fund. This fund would be administered by the D.C. government—keeping the burden off of employers—and the fund size will have a maximum limit.
6. What is the difference between paid sick days and paid family medical leave?
Paid family medical leave is different than paid sick days. It would be used only for birth or adoption of a child, or for a major medical event. The estimated average cost per employee paid by the employer will be $385 annually and that amount will cover the employee for up to 16 weeks of paid leave—far less than paying directly out of pocket which will give businesses the opportunity to offer competitive benefits packages.
7. Is the employer required to hold the employee’s job during leave?
Yes, the D.C. Family Medical Leave Act standards provide 16 weeks of job protection that is unpaid. The Universal Paid Leave Act of 2015 proposes to extend job protection to employees who have worked for 6 months or 500 hours in a 12 month period.
8. What if all the staff at a small business take leave at the same time?
We do not underestimate the effects that long-term leave has on businesses, but this is unlikely to be a problem—nationally only 13% of workers take family medical leave annually. The bill aims to enable workers to take the time they need to care for themselves or family members when the situation arises and then return to work at full capacity. The ability to retain talented and dedicated employees, and avoid the high costs and lengthy processes associated with staff turnover, makes paid family medical leave good business, no matter a business’ size.
8. What if I reverse commute or my employer is not mandated to pay into this fund?
If your employer is not required to pay into the fund, then you, as a resident, will pay into the system on your own behalf thereby enabling you to receive benefits when you become a parent or personal or family medical situations arise. If you are a self-employed individual then you are automatically enrolled in the system to pay into the fund and receive the benefit.
9. What other jurisdictions have paid leave?
New Jersey (2008), California (2002), and Rhode Island (2013) have income tax-based family leave and temporary disability insurance policies that cannot be implemented in D.C. because of federal Home Rule restrictions on taxing income. We have, however, learned from the strengths and challenges with these programs and have incorporated their best practices into the D.C. legislation. Globally, the United States lags behind other countries that all offer some form of paid leave for their citizens.
By Katrina Forrest
Poor health is not only physically and emotionally taxing for individuals, but there are important economic implications—these include increased costs to the healthcare system associated with the diagnosis and treatment of chronic conditions and lost time and productivity in the workforce. While access to quality healthcare is without question a necessity, prevention is key.
Research indicates that there are a myriad of factors outside of the traditional health scope that shape health-related behaviors. If we are to promote health and prevent disease, we must carefully consider and analyze all of the factors that impact health outcomes. Economic sectors such as housing, transportation and agriculture can have profound impacts on the health and well-being of individuals and communities and yet these impacts are often not sufficiently evaluated.
As the District of Columbia continues to grow, with new development projects emerging every day, it is imperative that we assess how these projects positively or negatively affect the health of our residents. By utilizing health impact assessments, we are able to better understand and identify the potentially significant unknown, unrecognized or unexpected health effects of policies, plans and projects across diverse economic sectors.
Health impact assessments rely on quantitative, qualitative and participatory techniques, to determine health impacts, the distribution of those impacts within communities and identify mitigation strategies to address adverse effects. For example, in Washington State, legislation was enacted in 2007 to require a health impact assessment to examine the impact of a bridge replacement project on air quality, carbon emissions and other public health issues.
Recognizing the value of this tool, Councilmember Grosso introduced the Health Impact Assessment Program Establishment Act of 2015 . This legislation establishes a health impact assessment program within the Department of Health to ensure that we are properly evaluating the potential health effects of construction and development projects on our residents and the communities they call home.
Implementing this comprehensive approach here in D.C. would help to promote sustainable development, improve and reduce health inequities, encourage cross-sectoral collaboration, and inspire a greater appreciation for public health in the policymaking process. Grosso is committed to improving the health and wellness of every D.C. resident and this legislation is a critical step to accomplish that goal.
*This post is part of an ongoing series of posts by Councilmember Grosso’s staff to support professional development. All posts are approved and endorsed by Councilmember Grosso.