Category Archives: Benefits

metro

New Employer Transit Benefit Ordinance in Effect

Effective January 1, 2016, businesses, including nonprofits, located in the District of Columbia with 20 or more employees must provide pre-taxed transportation benefits. Under the District of Columbia Employer Transit Benefits Ordinance employers must provide at least 1 of the 3 approved program options.

The first option is a benefit program that allows employees to make a monthly pre-tax election to pay for “commuter highway vehicle, transit, or bicycling benefits” at benefit levels at “least equal to the maximum amount that may be deducted for such programs from an employee’s gross income.”

The second option is an “employer-paid benefit program whereby the employer supplies, at the election of the employee, a transit pass for the public transport system requested by each covered employee or reimbursement of van-pooling or bicycling costs to an amount at least equal to the purchase price of a transit pass for an equivalent trip on public transport.”

The final option is an “employer-provided transportation at no cost to the covered employee in a van-pool or a bus operated by or for the employer.”

For more information or for a consultation regarding your legal issues, please contact McCollum & Associates, LLC, at (301) 864-6070, www.jmlaw.net, or jmccollum@jmlaw.net.

Family and Medical Leave Inclusion Act

On June 28, 2011, Senator Dick Durbin (D -IL) and others introduced the Family and Medical Leave Inclusion Act (“FMLIA”). The FMLIA proposes to allow employees to take unpaid leave to care for a same-sex spouse or partner, parent-in-law, adult child, sibling, grandchild, or grandparent. The FMLIA is intended to expand the scope of the Family and Medical Leave Act of 1993, which allows employees to take up to twelve (12) weeks of unpaid leave to care for a newborn, spouse, child under age 18, or parent who has a serious health condition.

Employees in the District of Columbia may also be covered under the D.C. Family and Medical Leave Act (“DCFMLA”). The DCFMLA provides a more expansive definition of “family member” than current federal law. Under the DCFMLA, a “family member” is a person related by “blood, legal custody or marriage.” If an employee “assumes and discharges parental responsibility” for a child who lives with him or her, the child is considered a family member under the statute. In addition, a person is considered a family member if the employee lives or has lived with the person in the past year and “maintains a committed relationship” with the person.

For more information or for a consultation regarding your legal issues, please contact McCollum & Associates, LLC, at
(301) 864-6070 or jmccollum@jmlaw.net.