On January 1, 2018, the Washington Paid Sick and Safe Leave (PSSL) law went into effect, which requires employers in Washington to provide paid sick leave to every non-exempt employee that works in the state of Washington. This includes full time, part time, seasonal, temporary, on call/substitute workers, and minors. There is no minimum number of required employees or small-business exemption.

If an employer’s current PTO program (a combination pool of vacation, sick leave, or other forms of paid leave) meets or exceeds the requirements of the Washington PSSL law, the employer does not need to provide its employees additional and separate paid sick leave.

Eligibility:

Most employees are eligible to receive paid sick leave. However, employers have some discretion on whether to provide paid sick leave to certain employee types (e.g., doctors, lawyers, and dentists employed in their applicable professional fields, executive managers, and outside salespersons).

Acceptable Uses of Leave:

Employees may be able to use accrued sick leave for absences related to:

• The employee’s or family member’s mental or physical illness, injury, or health condition;
• The employee’s or family member’s need for medical diagnosis, care, or treatment or preventative medical care;
• When the workplace or when the employee’s child's school or daycare has been closed by order of a public official for any health-related reason; or
• “Qualifying” Domestic Violence Leave under RCW 49.76.

Family members include the following:

• Child (biological, adopted, foster, step, or someone to whom the employee stands in loco parentis, or is a legal guardian or de facto parent) regardless of age or dependency status;
• Parent (biological, adoptive, foster, step, in loco parentis, legal guardian, spouse’s or registered domestic partner’s parent, or de facto);
• Spouse or registered domestic partner;
• Grandparent;
• Grandchild; or
• Sibling

Accrual:

The minimum required accrual rate is one hour for every 40 hours worked, considering all hours worked, including overtime. Eligible employees are entitled to use their accrued paid sick leave beginning on the 90^th calendar day after the start of their employment. There is no cap on accrual; it continues to run at all times. Any unused paid sick leave of 40 hours or less must be carried over to the next year.

It is permissible to frontload leave, but the amount of leave frontloaded must equal or exceed the amount the employee would have received at the accrual rate. The employer must provide notice in the initial notice required by law (see below in the “Notice and Reporting Requirements” section) and at the end of the frontloaded period. The notice at the end of the frontloading period must show that the employee received the same amount of paid sick leave that he/she would have received under the accrual method.

Leave Increments Allowed Under the new Law:

Employers should provide leave in increments of one hour, unless the employer tracks compensation in increments of less than one hour, then the employer must use the same increment for leave (e.g. 15 minutes). Employers can seek a variance for “Good Cause”, but must comply with requirements for written application and notice to employees (and union represenatives, if applicable).

Pay Rate for Sick Leave:

Employers must pay the greater of minimum wage or “normal hourly compensation” for paid sick leave. This means the hourly rate that employee would have earned for the time he or she was on leave. It does not include overtime or premium pay, tips or gratuities, or holiday premium pay

Below are acceptable methods of calculating “normal hourly compensation” for employees who are paid under alternative pay methods:

• Commission: Total earnings/total hours worked in full pay periods in prior 90 days
• Piece rate: Total earnings/total hours worked in last workweek with same or substantially similar work
• Non-exempt Salaried: (Annual Salary/52) divided by normal scheduled hours of work
• Fluctuating Hourly Rate:

• If Known – the scheduled rate employee would have earned
• If Unknown – Higher of Average Hourly Rate Current 30 days or Average Hourly Rate Prior 30 day period.

• Differential Rate: If differential rate is paid for same work performed during differing conditions, use that rate (e.g. night shift rate)

Required Notice/Verification:

In certain circumstances an employer can require advance notice of intent to use paid leave or verification of authorized use of paid leave over 3 days; however, the law includes specific guidelines and rules related to these processes.

Please call UEA’s Employer Helpline to discuss adopting either of these options for your company.

Retaliation is Prohibited:

Employers cannot interfere with, restrain or deny exercise of rights under this law, including considering using rights as a negative factor in any employment action or counting protected sick leave as an absence that may lead to discipline.

Notice and Reporting Requirements:

In addition to the existing Labor Law posting requirement, new employees hired after January 1, 2018 must receive a notification of their rights under the Washington PSSL law upon hire. The notification must include the employee's entitlement to paid sick leave, the rate of accrual, permissible uses of leave, the law's anti-retaliation provisions, and whether notice or verification for absences over 3 days is required (if applicable). 

Existing employees, hired prior to January 1, 2018, should have received the same notice by March 1, 2018. For more information, please see March 1, 2018 Employment Law Alert.

Click here for a sample notification letter that meets the requirements of the law, which can be provided in paper or electronic format.

At least monthly, employers must provide to all employees an accounting of accrued leave, used and available leave, through regular payroll or otherwise.

The Washington Department of Labor and Industries has also provided additional information about the new law on their website.