Keith Mack
The respective paid sick leave laws of the State of Washington and the City of Seattle have been clarified and updated recently. While Washington's paid sick leave law does not apply to commercial construction workers covered by certain collective bargaining agreements, Seattle's new ordinance reaffirms and extends permanent paid sick leave benefits for app-based gig economy workers. Additionally, Washington has no laws requiring PTO payouts upon termination, whereas Seattle mandates paid sick leave for all employees working in the city.
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What You'll Learn
Seattle's Paid Sick and Safe Time Ordinance
Seattle's Paid Sick and Safe Time (PSST) Ordinance came into effect on September 1, 2012. The law requires employers to provide paid leave to employees working in Seattle for several reasons. Firstly, employees can take leave to care for themselves or a family member for a physical or mental health condition, including doctor appointments. Secondly, they can take time off to address issues related to domestic violence, sexual assault, or stalking involving themselves, a family member, or a household member. Thirdly, employees can take leave when their family member's school or place of care is closed, or when their workplace is closed by order of a public official for health reasons. For businesses with 250 or more full-time employees, this extends to closures for any health or safety reason.
The PSST ordinance also provides benefits for app-based gig economy workers in Seattle. Covered app-based workers accrue one day of paid sick leave for every thirty days with at least one work-related stop in Seattle. Network companies must allow these workers to carry over at least nine days of unused paid sick leave to the following year. Additionally, employers must provide monthly notifications of the worker's average daily compensation, as well as their accrued, used, and available paid sick leave.
In Washington State, employers are generally required to provide paid sick leave to their employees. This includes construction workers directly engaged in construction work and is separate from any collective bargaining agreements. Employers must notify their employees of their rights to paid sick leave and provide information on how much they will earn and when they can use it. Employees cannot be disciplined or retaliated against for taking paid sick leave. Additionally, employers cannot require employees to cover their shifts before taking sick leave or to work substitute shifts. Unused paid sick leave of up to 40 hours must carry over from year to year, and employees must be allowed to use this leave within 90 days of starting work.
While there are some differences between Seattle's PSST Ordinance and Washington State's paid sick leave laws, such as the specific provisions for app-based gig workers in Seattle, both aim to provide employees with the right to paid time off for their health and well-being. Employers in Seattle and Washington State must ensure they comply with the relevant laws and provide their employees with the paid sick leave they are entitled to.
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Washington's sick leave law exceptions
Washington's paid sick leave law applies to all employers in the state, who must notify their employees of this right in writing. Employees can use their paid sick leave for personal medical care, to care for a family member with a mental or physical illness, injury, or health condition, or to care for a child when their school or daycare is closed due to health-related reasons.
There are a few exceptions to the law. Employees who are doctors, lawyers, or dentists, as well as most executive managers who are paid a salary and supervise two or more full-time employees, are not eligible for paid sick leave. Additionally, commercial construction workers covered by certain collective bargaining agreements are not eligible for paid sick leave payouts upon separation from service. However, certain other workers in the construction industry may be entitled to receive pay for their balance of paid sick leave upon leaving their job.
Seattle's Paid Sick and Safe Time (PSST) Ordinance, which came into effect on September 1, 2012, provides additional protections for employees. Under this ordinance, employers must provide paid leave for employees to care for themselves or a family member for reasons related to domestic violence, sexual assault, or stalking. The definition of "family member" has been expanded to include any individual who regularly resides in the employee's home and has an expectation of care. This change aligns with the recent updates to the definition under Washington's Paid Family and Medical Leave Law.
Seattle's ordinance also specifically includes app-based gig economy workers, who accrue one day of paid sick leave for every thirty days with at least one work-related stop in Seattle. These workers can carry over at least nine days of accrued, unused paid sick leave to the following year.
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PTO payouts upon termination
In Washington state, PTO payout is not required for employers upon termination. However, employers must notify their employees of their paid sick leave rights in writing by their first day of employment. This includes the amount of paid sick leave they will earn and when they may use it. Employees must be allowed to use their paid sick leave to care for themselves or their family members within 90 days of starting work. Unused paid sick leave of up to 40 hours can be carried over from year to year.
Seattle, a city in Washington, has its own set of laws regarding PTO. The Paid Sick and Safe Time (PSST) ordinance, which came into effect on September 1, 2012, applies to employers with employees who work within the city limits of Seattle. Under this ordinance, the amount of paid sick leave accrual varies based on the employer's size. Employers with up to 49 employees must provide one hour of leave for every 40 hours worked, with a maximum accrual of 40 hours per year. Employers with 50 to 249 employees must provide one hour of PSST for every 40 hours worked. The PSST ordinance also covers app-based gig economy workers in Seattle, who accrue one day of paid sick leave for every 30 days with at least one work-related stop in the city.
It is important to note that PTO policies, including vacation days, are typically offered at the employer's discretion. While some states require PTO payout upon termination, treating it as earned wages, others allow employers to implement policies that limit or eliminate payout for unused vacation. To ensure compliance, employers should review the specific laws and regulations in their state and consult with legal experts.
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PTO and paid sick leave
In Washington, employers are not legally required to pay out accrued, unused vacation time upon termination unless their policies or employment contracts state otherwise. However, employers must maintain clear policies regarding the payout of accrued, unused vacation time upon termination to avoid misunderstandings and potential disputes. Washington PTO laws include both federal and state regulations, and employers must ensure compliance with various leave types, including sick leave, family and medical leave, and special-purpose leave.
The state's paid sick leave law mandates that employers provide paid sick leave for their employees. They must notify their employees of this right in writing, informing them of how much paid sick leave they will earn and when they may use it. Employees must receive a statement at least once a month detailing their paid sick leave earned, used, and available. Additionally, employers cannot discipline employees for using their paid sick leave for any allowed reasons.
Washington's paid sick leave law specifically includes construction workers directly engaged in construction work, but it excludes commercial construction workers covered by specific collective bargaining agreements. The law also clarifies that PTO programs, which combine multiple leave types, can satisfy paid sick leave requirements if certain conditions are met. These conditions include accruing PTO leave at a rate of at least one hour for every 40 hours worked and allowing carryover of at least 40 hours of unused PTO leave to the following year.
Seattle, as a city within Washington, generally follows the state's paid sick leave laws. However, Seattle has also implemented its own ordinances to provide additional protections for specific groups, such as app-based gig economy workers. Seattle's Paid Sick and Safe Time (PSST) Ordinance, effective since 2012, requires employers to provide paid leave for employees to care for themselves or family members for physical or mental health reasons, including doctor appointments. It also covers situations related to domestic violence, sexual assault, or stalking, and closures of workplaces or family members' schools due to health reasons.
In summary, while Washington sets the baseline for PTO and paid sick leave laws, Seattle may have additional or slightly different requirements depending on the specific circumstances of employees. Both Washington and Seattle aim to protect employee rights and promote a healthy workforce through their respective regulations.
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FMLA guidelines
In Washington, employers must notify their employees of their right to paid sick leave in writing, either on paper or electronically. Employees must be informed of how much paid sick leave they will earn, when they may use it, and that they are protected from retaliation for taking time off for any reason allowed by law. Employers must also provide a monthly statement detailing how much paid sick leave has been earned, used, and how much is available.
In Seattle, the Paid Sick and Safe Time (PSST) Ordinance came into effect on September 1, 2012. This law requires employers to provide paid leave for employees to care for themselves or their family members for mental or physical health reasons, including doctor's appointments. It also allows for paid leave related to domestic violence, sexual assault, or stalking, as well as closures of the workplace or a family member's school due to health reasons.
In terms of FMLA guidelines, Washington's Paid Family and Medical Leave (PFLML) law allows employees to take paid time off to care for themselves or family members. To qualify for PFLML, employees must have worked at least 820 hours during their qualifying period. They are eligible for up to 12 weeks of paid leave per year, with the possibility of up to 16 or even 18 weeks in certain circumstances, such as multiple qualifying events or pregnancy-related conditions.
Additionally, Washington's Family Care Act (FCA) allows employees to use any paid time off provided by their employer for family leave. Washington's military leave law also entitles spouses of military personnel to up to 15 days of unpaid leave per deployment.
Pregnant women are provided additional benefits under Washington's Family and Medical Leave Act (FMLA) and Family Leave Act (FLA). They are entitled to maternity disability leave and can use the balance of their leave to care for their newborn baby, a sick family member, or for personal illness. The amount of disability leave is based on individual conditions and recommendations from healthcare providers, typically ranging from six to eight weeks for childbirth without complications.
It is important to note that FMLA and FLA usually run concurrently, except in cases of pregnancy or childbirth-related conditions, where FMLA will run alongside pregnancy-related disability leave, but FLA will not.
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Frequently asked questions
PTO stands for paid time off, which includes various types of leave such as sick leave, vacation leave, and special-purpose leave.
Washington's PTO laws are shaped by federal and state regulations. Employers must provide paid sick leave, and employees are entitled to up to 12 weeks of unpaid leave annually for family and medical reasons. There are no laws mandating PTO payouts upon termination, but employers must maintain clear policies to avoid disputes.
Seattle has its own Paid Sick and Safe Time (PSST) Ordinance, which provides additional protections for gig workers and app-based workers. It requires employers to offer paid leave for a broader range of reasons, including appointments, family member care, and situations related to domestic violence, sexual assault, or stalking.
Employers in Washington and Seattle must ensure compliance with both state and local regulations. They should notify employees about their PTO policies, including any usage restrictions and carryover rules. Additionally, they must keep accurate records of paid sick leave payments and comply with minimum requirements for paid sick leave.
