WASHINGTON PAID SICK LEAVE EFFECTIVE: JANUARY 1, 2018

Similar documents
Paid Sick Leave January 1, 2018 Disclaimer

Paid Sick Leave Policy

YAKIMA COUNTY WA STATE PAID SICK LEAVE POLICY POLICY NO. HR-29 I. PURPOSE

SAN DIEGO, CALIFORNIA CITY OF SAN DIEGO EARNED SICK LEAVE AND MINIMUM WAGE ORDINANCE

Arizona Paid Sick Leave What you need to know

MASSACHUSETTS EARNED PAID SICK TIME

CALIFORNIA S NEW SICK LEAVE LAW EMPLOYEE RIGHTS AND EMPLOYER OBLIGATIONS

These are sample policies for employers who have determined that their employees are covered by the Maryland Healthy Working Families Act.

PAID SICK LEAVE FOR ALL EMPLOYEES

GCCA PROFESSIONAL / SUPPORT STAFF SICK LEAVE / PAID TIME OFF

[Company Name] Paid Sick Leave Policy

California Healthy Workplace Healthy Family Act of 2014

Washington State Paid Sick Leave Law, effective January 1, 2018 FAQ s

EMERGENCY BILL. Paid Leave Compromise Act of 2018


Comparison of Chicago Paid Sick Leave Ordinance and Cook County Earned Sick Leave Ordinance. June 2017

(3) To protect the public's health in Plainfield by reducing the risk of and spread of contagion;

LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY BULLETIN

SICK AND SAFE LEAVE POLICY DISTRICT OF COLUMBIA

Frequently Asked Questions as published by the Industrial Commission of Arizona.

MASSACHUSETTS EARNED SICK TIME LAW

New Law What is the new sick leave law? Beginning July 1, 2015, California employers must provide a paid sick leave benefit to all employees Only exce

PAID SICK LEAVE RULES. Effective January 1, For Tacoma Municipal Code 18.10

Policy-NYPFL. New York Paid Family Leave (NYPFL)

H 5413 SUBSTITUTE A ======== LC001131/SUB A ======== S T A T E O F R H O D E I S L A N D

CALIFORNIA S PAID SICK LEAVE LAW NO GET WELL CARD FOR EMPLOYERS PAUL LYND, ESQ. DECEMBER 18, 2014 AGSAFE

H 5413 SUBSTITUTE B AS AMENDED ======== LC001131/SUB B ======== S T A T E O F R H O D E I S L A N D

Frequently Asked Questions (FAQs) Emeryville's Minimum Wage and Paid Sick Leave Ordinance Effective July 2, 2015 Last Updated: February 1, 2018

CITY of ALBUQUERQUE TWENTY THIRD COUNCIL

BOSTON COLLEGE MASSACHUSETTS EARNED SICK TIME LAW QUESTIONS AND ANSWERS

Frequently Asked Questions San Francisco Family Friendly Workplace Ordinance San Francisco Administrative Code 12Z

FAMILY AND MEDICAL LEAVE (FMLA) POLICY AND PROCEDURE

City of Passaic WHEREAS:

MINIMUM WAGE AND EARNED PAID SICK TIME FAQS: UPDATED CONTENT (REV. MAY 23, 2017)

CHICAGO MINIMUM WAGE AND PAID SICK LEAVE RULES SUPPORTING CHAPTER 1-24 OF THE MUNICIPAL CODE OF CHICAGO

California Paid Sick Leave: Frequently Asked

New (and Current) Labor Laws Impacting Your Bottom Line

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 S 1 SENATE BILL 339* Short Title: Healthy Families & Workplaces/Paid Sick Days.

Who is eligible for Paid Sick Leave? Graduate Employees in a current appointment are eligible to accrue and use paid sick leave.

Best Employment Policies and Practices: The First Line of Defense

Why Do You Need Employment Policies?

HR Compliance Updates for 2017 The Executive's Roadmap to Best-in-Class HR Strategy

Mid Year 2017 HR Compliance Trends

Policy on Paid Time Off

2018 CEA Sample Handbook Updates

AUBURN UNIVERSITY. Leave Policies Eligible Employee - Employees eligible for participation in Auburn University leave programs are

Leave of Absence Policy

GENERAL HUMAN RESOURCES AND PAYROLL ADMINISTRATION PROCEDURES

TOWN OF MORRISTOWN ORDINANCE O

3/18/95 LEAVES OF ABSENCE AND VACATION

Frequently Asked Questions

New York State Paid Family Leave Frequently Asked Questions (Updated October 17, 2017)

4011 FAMILY AND MEDICAL LEAVE ACT POLICY

H 7633 S T A T E O F R H O D E I S L A N D

DISTRICT ADMINISTRATIVE RULE

Process Owner: Dennis Cultice. Revision: 1 Effective Date: 01/01/2016 Title: Holiday, Vacation and PTO Policy Page 1 of 9

The Top 5 HR Pitfalls to Avoid for 2015 (including CA Paid Sick Leave) Missionwell Speaker Series June 18, 2015 Steven Adamian, Esq.

Target Time-off Program Guide For Exempt Team Members

SECTION 8 LEAVES OF ABSENCE

TENTATIVE AGREEMENT SUMMARY PUBLIC SERVICE ALLIANCE OF CANADA (PSAC) BORDER SERVICES GROUP (FB)

Review Responsibilities: Human Resources

Los Angeles Unified School District EMPLOYEE S FACT SHEET ABOUT FMLA and CFRA

FAMILY AND MEDICAL LEAVE POLICY

CITY OF MADISON, WISCONSIN

REGULATIONS LEAVES AND ABSENCES, VACATIONS AND HOLIDAYS

HERNANDO COUNTY Board of County Commissioners

Oregon Bureau of Labor and Industries

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT

Professional and Technical Employees, Local 17 - Information Technology TA d Master IT CBA would be effective 1/1/12 048C draft 6/28/12 Page 0

NEW ILLINOIS EMPLOYMENT LAWS

When an employee requests a PFL, the Leave Administrator will determine whether the

ALL COUNTY WELFARE DIRECTORS ALL IN-HOME SUPPORTIVE SERVICES (IHSS) PROGRAM MANAGERS

HERNANDO COUNTY Board of County Commissioners

MESA PUBLIC SCHOOLS. Information regarding the Family & Medical Leave Act and long-term leaves

Angelo State University Operating Policy and Procedure

Corporate Policy Human Resources

OREGON DEPARTMENT OF FISH AND WILDLIFE POLICY Human Resources Division

RULES AND REGULATIONS IMPLEMENTING THE LIVING WAGE ORDINANCE

THE CITY UNIVERSITY OF NEW YORK THE CATASTROPHIC SICK LEAVE BANK PROGRAM. The Catastrophic Sick Leave Bank Program

SEE-MTI COLLECTIVE BARGAINING AGREEMENT Section V A. HOURS OF WORK

1. DJJ will not grant an employee the use of sick leave before such leave is earned, as provided for in this policy.

FAMILY MEDICAL LEAVE

Arizona Minimum Wage Act

FMLA UPDATES - Applies to companies with 50+ employees within 75 mile radius. (Poster link and policy template included).

Each status varies in its provisions with respect to eligibility, duration, documentation and approvals, as outlined below.

UNIVERSITY OF HOUSTON SYSTEM ADMINISTRATIVE MEMORANDUM. SECTION: Human Resources NUMBER: 02.D.06

I. Purpose and Scope. II. Definitions

Policy on Paid Time Off (CA)

New Jersey Department of Children and Families Policy Manual. Date: Chapter: A Human Resources Subchapter: 1 Human Resources

DeKalb County Government. Family and Medical Leave of Absence ( FMLA ) Policy. Effective January 1, 2010

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 366. Short Title: Retail Workers' Bill of Rights. (Public)

ERLANGER HEALTH SYSTEM POLICY

The Family and Medical Leave Act. Presented by the U.S. Department of Labor Wage and Hour Division

Nova Scotia Health Research Foundation HUMAN RESOURCE POLICIES

Vacation Time (30.021)

Total Rewards: Compensation & Hours of Work for Employees of the College

MAQUOKETA VALLEY ELECTRIC COOPERATIVE EMPLOYMENT POLICY E-26 PAID TIME OFF

500 Pioneer Tower 888 SW Fifth Avenue Portland, OR Phone : Fax :

THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION. For additional information or to file a complaint:

Transcription:

EMPLOYER REQUIREMENTS WASHINGTON PAID SICK LEAVE EFFECTIVE: JANUARY 1, 2018 TOPIC Definition of Employees REQUIREMENT All Washington employers, regardless of size, are required to provide paid sick leave for all non-exempt employees, including full-time, part-time, temporary, and seasonal. RCW 49.46.010 identifies the categories of those groups that fall outside the definition of employees including those in an exempt status including bona fide executive, administrative, or professional capacity or in the capacity of outside salesperson. Collective Bargaining Agreement ( CBA ) Use of Paid Sick Time Union workers are not exempt from paid sick time, and the CBA cannot waive the paid sick time requirements. Employees may use paid sick leave: To care for themselves or a family member. When the employees workplace or their child's school or place of care has been closed by a public official for any health-related reason. For absences that qualify for leave under the state's Domestic Violence Leave Act. Family Member includes child (biological, adopted, step, foster, de facto parent, or loco parentis), parent, spouse, registered domestic partner, grandparent, grandchild, or sibling. Accrual Rate Paid sick leave must accrue at a minimum rate

of one hour of paid sick leave for every 40 hours worked. Hours must be worked so employees do not accrue while on paid sick leave, vacation, or medical leave. All employees employed as of January 1, 2018, will begin to accrue paid sick leave on their first day at work after the beginning of the year. Employees hired after January 1, 2018, begin accruing paid sick leave upon the commencement of his or her employment. Accrual Cap Accrual caps are prohibited. Waiting Period Payment of Paid Sick Time An employer may have an employee wait a maximum of 90 days from beginning of employment to start to use paid sick time. Must be paid at the employee s normal hourly compensation. Employers must pay the accrued sick leave pay consistent with the employer s established payment interval or leave records management system. Employers must also allow employees to use paid sick leave in increments consistent with the employer s payroll system and practices (e.g. 15 minutes). Employers may request a variance for good cause from the required increments of paid sick leave usage under WAC 296-128-640. Carry-over Paid Sick Time Employees can carry over at least 40 hours of sick leave each year, and then continue to accrue additional hours of leave in that subsequent year.

Front-loading Employer Notice Monthly Notice Reasonable Notice An employer may advance paid sick leave so long as the front-loading meets or exceeds the accrual, usage, and carry-over requirements. The employer must provide notice of the frontloading to the employee prior to advancing the paid sick leave. Employers must provide all employees written notice of the paid sick leave policy including, accrual rate, when paid sick leave may be used, and prohibition of retaliation. Notice must be provided to employees at the commencement of their employment. This requirement must be met by March 1, 2018. Employers must provide monthly notice to employees of their sick leave status including, accrual amount; any unused paid sick leave available for use; and paid sick leave reductions. Employees must provide at least 10 days of notice, or as early as practicable, to the employer when use of the paid sick leave is foreseeable. The notification should include the expected duration of the absence. When use of the paid sick leave is not foreseeable the employee must provide notice to the employer as soon as practical before the required start of their shift. In the event it is not practicable to provide notice of an unforeseeable absence, the employee may have a designee provide such notice to the employer. Any notice requirement must be in a written policy.

Verification When an employee s absence is for more than three consecutive days the employee will be required to submit a verification that an employee s use of paid sick leave is for one of the stated purposes. Verifications can be in the form of a medical note, school district communication, or a statement from the employee explaining caretaking responsibilities for an immediate family member. Should the verification process be an unreasonable burden or expense on the employee, the employee must provide the reasons. Within 10 days of receiving this notice the employer will take reasonable efforts to provide alternatives so the employee can meet the verification requirement. Any verification requirement must be in a written policy. Employee Termination Employers are not required to pay out unused, accrued sick time at termination. Re-Hire and Reinstatement of Paid Sick Leave Paid Time Off ( PTO ) Programs If within 12 months from separation the employee is re-hired, the employee is entitled to receive the return of the balance of the paid sick leave at the time of separation. If prior to separation the employee reached the 90 th day then the employee may use the paid sick leave upon re-hire. If prior to separation the employee did not reach the 90 th day the previous period of employment will be counted to determine when the employee can begin to use the paid sick leave. Employees may use a PTO program in lieu of a separate paid sick leave policy. The PTO program must meet or exceed all requirements of the sick leave policy.

Misuse of Paid Sick Leave If the employer determines that the employee has used the paid sick leave for an unauthorized purpose the employer must provide notice of the unauthorized use to the employee and may withhold payment of the sick leave. However, the unauthorized hours will not be deducted from the employees accrued but unused hours. Employee may challenge decision to L&I. Retaliation Forms Employers may not retaliate against employees for using accrued, paid sick leave. Use of such leave cannot be used as a negative factor in any employment action such as evaluation, promotion, or termination, or subject the employee to discipline. An employer may not take any adverse action against an employee for using paid sick leave, including delaying payment for sick leave or wages, denying a promotion, altering a work schedule, reducing the employee s rate of pay, or threaten to take action based on the immigration status of the employee or the employee s family. L&I will have many sample forms available to employers including: Paid Sick Leave Policy Verification Policy Reasonable Notice Policy Shared Leave Policy Frontloading Policy

ENFORCEMENT Retaliation Complaints Employees may file a complaint with L&I within 180 days of the alleged retaliatory act, and L&I may extend that period at its discretion. L&I will investigate and issue a citation and notice of assessment or a determination of compliance within 90 days. The citation and notice of assessment may order the employer to pay any earnings not paid due to the retaliatory action, including interest of one percent per month, order the employer to restore the employee to his or her prior position, or order the employer to use any policy that counts the use of a paid sick leave as an absence that may lead to discipline. The civil penalty for retaliatory actions must be $1,000 or an amount equal to 10% of the total amount of unpaid earnings. The maximum civil penalty shall be $20,000 for the first violation and $40,000 for each repeat violation. The department may waive any penalties. A request for reconsideration may be filed within 30 days after the date of the decision, and then may be appealed to the director within 30 days from decision. The matter will then be assigned to an administrative law judge for a hearing. Paid Sick Leave If the investigation finds that the employer failed to provide the employee with paid sick leave, the employee may elect to receive the full access to the balance of accrued paid sick

leave, or receive payment from the employer at their normal hourly compensation for each hour of paid sick leave the employee would have used. If the employee is no longer employed, the employee may receive the payment at their normal hourly compensation, receive reinstatement of the balance of paid sick leave hours, or receive a combination of payment and reinstatement.