Paid Sick and Safe Leave Initiative Update

Below is the release from L&I regarding the hearings on the rule making for I-1433 (the paid sick and safe leave/minimum wage initiative)  The rules deal primarily with the paid sick and safe leave requirements which go into effect on January 1, 2018.

Here is a brief summary of the paid sick and safe leave portion of the initiative:

  

1. Beginning January 1, 2018, employers must provide employees at least one hour of paid sick leave for every 40 hours worked. Employees entitled to paid sick leave are those covered by the MWA. Employees are entitled to use accrued paid sick leave beginning on the ninetieth day after employment commences. For employees rehired by the same employer within 12 months of separation, the previous period of employment is counted for purposes of determining eligibility to use leave and any previously accrued leave is reinstated. Unused leave carries over to the following year, except that an employer may limit carry-over to 40 hours. No cash-out of unused leave is required upon separation. Employees must receive the greater of the minimum wage or the employee's normal hourly compensation for each hour of leave.

Employees may use paid sick leave for their own, or to care for a family member with a:

• ·  * mental or physical illness, injury, or health condition;
• ·  * need for medical diagnosis, care, or treatment; or
•   *· need for preventative medical care.

Paid sick leave may also be used when the employee's place of business or an employee's child's school or place of care is closed by a public official for any health-related reason and for absences that qualify for leave under the domestic violence leave law.

A "family member" is a:

• ·* child, including a biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent

·* an employee's or the employee's spouse's or registered domestic partner's biological, adoptive, de facto, or foster parent, stepparent, or legal guardian; or a person who stood in loco parentis when the employee was a minor child; spouse; registered domestic partner;  grandparent; grandchild; or sibling.

• An employer may require employees to give reasonable notice of leave, so long as the notice does not interfere with an employee's lawful use of paid sick leave. For absences longer than three days, an employer may require verification that the leave is for an authorized purpose.

Employers must provide regular notification to employees about the amount of paid sick leave available.

Employers may not require employees to search for or find replacement workers for the hours an employee is on leave or count use of sick leave as an absence that may lead to or result in discipline. 

Here is a link to the rules being drafted and the process in case the one in the release does not work for you:  http://www.lni.wa.gov/WorkplaceRights/Wages/Minimum/1443.asp

  

The employer community has significant concerns with some of these rules:  In particular

• Proposed WAC 296-128-620 -  The Usage section.  As it is written now, it would tie usage to how an employer tracks compensation.  For example if the employer uses increments of 15 mins, then they should allow sick leave in those increments.  This is felt to be an administratively impracticable solution.  

• Proposed WAC 296-128-640 (3) – an “employee designee” may provide notice to the employer that the employee will be using sick leave.  This terminology is very broad and rife with abuse.  It is believed that who can provide notice should be more carefully prescribed in the rule.  

• Proposed WAC 296-128-680, 700, 720– These section(s) are instituting a “mutually agreed upon in writing” or “written policy” type requirement, that is not called for in the initiative and is an entirely new obligation.

There is no hearing in the SSCCLC area (Tumwater being the closest).  But they are taking written comments until September 1st should your chamber want to weigh in.

Thanks,

Carolyn

CA Logue Public Affairs

6514 78th Ave NE

Olympia, WA  98516

carolyn.logue@comcast.net

360-789-3491

WASHINGTON STATE DEPT. OF LABOR & INDUSTRIES

PRESS RELEASE

Aug. 3, 2017                                                                                             17-028

New paid sick leave requirements drawing closer − rules process a chance for input

TUMWATER — Washington’s new mandatory paid sick leave law takes effect in less than six months, starting January 1, 2018. It’s a major change as a result of Initiative 1433, approved by voters last fall. 

The Department of Labor & Industries (L&I) is developing rules in two phases to explain and enforce the new requirements. The state rules process is an opportunity for people to have input into the details of how the new law will be carried out.

“We know paid sick leave is a big change for employers and workers,” said Annette Taylor, deputy assistant director of L&I’s Fraud Prevention & Labor Standards. “We’re doing everything we can to make sure people know what the proposed rules are and have an opportunity to provide input before this significant change happens in January.”

The new rules will include procedures for using sick leave, employee notification, reporting requirements, and protecting employees from retaliation for the lawful use of paid sick leave.

The rulemaking process includes public hearings around the state where people can make on-the-record comments and provide input. The first round of hearings for the rules is scheduled throughout August:

− Tumwater, Aug. 8, 10 a.m., L&I Headquarters, Tumwater Auditorium

− Spokane Valley, Aug. 16, 10 a.m., Spokane CenterPlace Auditorium

− Pasco, Aug. 17, 10 a.m., Columbia Basin Community College

− Everett, Aug. 29, 10 a.m., Edward D. Hansen Conference Center

Initiative 1433 tasked L&I with implementing numerous changes, including mandatory paid sick leave, increasing the minimum wage annually over a four-year period and ensuring tips and service charges are given to the appropriate staff. Washington will be the seventh state to require employers to provide paid sick leave. Other states include California, Oregon, Connecticut, Massachusetts, Vermont and Arizona, as well as the District of Columbia.

There’s more information online about the paid sick leave rules process(www.Lni.wa.gov/WorkplaceRights/Wages/Minimum/1443.asp). People can also sign up for updates through L&I’sEmployment Standards’ LISTSERV (www.Lni.wa.gov/Main/Listservs/WRWageHour.asp).