Washington Paid Family and Medical Leave

Transcription

1 Washington Paid Family and Medical Leave Kellis Borek VP Labor and Legal Services General Counsel

2 WELCOME Participate in today s audience polls! You just need your phone. To set-up, text the word Archbright to Then, when prompted during the presentations, text the letter that corresponds to your answer.

3

4 History 2017: WA passed 1st paid family leave law WA 2 nd after CA

5 History The 2007 law was never implemented

6 Paid Family and Medical Leave (PFML) When Is It Effective? Contributions can begin January 1, 2019

7 Premium Contributions State will assess premiums of 0.4% of wages Employers pay about.147% Employees pay about.253%

8 Paid Family and Medical Leave (PFML) When Is It Effective? Employees will be able to use PFML on January 1, 2020

9 What Is the Benefit? Percentage of average weekly wage during the two highest quarters of the qualifying period

10 The Law Who is Covered? Any employer who employs at least one person in the State of Washington

11 In the State of Washington? WA OR ID

12 Who Is Eligible for PFML? Employees who have worked at least 820 hours during the qualifying period

13

14 How Do Employees Receive the Benefit? Apply to ESD for the benefit ESD pays the benefit directly to employees on a bi-weekly basis

15 What Are the Reasons for Using PFML? Similar to reasons covered by the Family and Medical Leave Act

16 How Much PFML Is Available? 12 weeks + 2 weeks + 4 weeks + Washington Paid Sick Leave PFML runs concurrently with federal FMLA

17 When Does PFML Start? For bonding with a child, pay starts on the first day For all other covered reasons, pay starts after a seven calendar day waiting period

18 When Does PFML End? For bonding with child, 12 months after birth or placement For all other covered reasons, 12 months after the employee s application

19 Intermittent PFML Leave may be taken intermittently in a minimum of 8 hour increments

20 Does the Employer Have Any Say in This? Employers receive notice when employees apply for the paid leave benefit An Employer may contest the application

21

22 Job restoration follows FMLA requirements

23 Collective Bargaining Applicability Parties to an existing Collective Bargaining Agreement in effect before October 19, 2017 do not need to reopen the CBA or apply for PFML... Until the next CBA

24 Voluntary Plans / Opting Out Pay $250 to ESD to approve comparable plan Benefits must be equivalent or better than the law

25 Small Business Assistance Employers with fewer than 150 employees may receive grants for assistance with financial impacts

26 Local Laws A city, county, or other political subdivision may not create its own PFML program

27 Interaction with Current Laws Workers Compensation Paid Sick Leave Family Medical Leave Act Pregnancy Disability

28 Employer Records Employer must keep any records related to an employee s eligibility for PFML for six years

29 No Retaliation

30 Back premiums Injunctive relief Reporting fines Back pay or benefits Cost of providing care Employer Penalties Willful violation = double damages

31 Update Paid Time Off Policy Reduce annual paid sick leave carryover to the 40 hours that is legally required Project what employees will receive on PFML Consider whether to apply for a voluntary plan waiver

32 Thank You! Presenter Information: Kellis Borek Archbright