washington sick leave, paid leave & pregnancy ... · • employees may use accrued sick time in...

© Trupp HR, Inc. 2018

Christine Thelen, SPHR/SCPDirector of HR Services

WASHINGTON SICK LEAVE, PAID LEAVE & PREGNANCY ACCOMMODATION LAWS


Christine Thelen, SPHR/SHRM-SCP

As Director of HR Services for Trüpp, Christine utilizes her experience in assisting businesses with HR policy, providing training and counsel, and applying her extensive knowledge of employment law.

Christine graduated from Temple University – James E. Beasley School of Law with a Doctor of Law (JD). Her undergraduate work includes a BA in Government and Economics.

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AGENDA1. Paid Sick Leave2. WA Paid Family & Medical Leave3. Pregnancy Accommodations

The information provided in this presentation is for informational

purposes only and not for the purpose of providing legal advice.

Please contact an attorney to obtain a legal opinion on any of

the topics covered. © Trupp HR, Inc. 2018


Portland Mandatory Sick Leave

WASHINGTON PAID SICK

LEAVE



Includes all non-exempt employees who work within the state as of January 1, 2018.

WHO IS ELIGIBLE?



EARNING SICK TIME –ACCRUAL VS. FRONTLOADING

Accrual:•No less than 1 hour for every 40 hours worked (0.025 per hour)

Frontload:•Hours must meet accrual requirements

•Audit required

Substantially similar PTO policy is allowed



• Employees earn time based on hours worked • Sick time does not need to accrue during times of paid or

unpaid leave• Exempt employees earn based on their standard

work week (presume to be 40 hours unless regularly work less)(optional)

• Accrual starts on the employee’s first day; 90 day waiting period can be applied

• Can limit carryover to 40 hours into subsequent year• Cannot limit accrual or use

ACCRUING SICK TIME



• Employees receive hours at the beginning of the year• Can pro-rate hours in first year• “Year” can be any 12 month period

• 30 days to provide additionally earned time• 90-day waiting period allowed• Can limit carryover to 40 hours into subsequent year• Cannot limit use• Written and readily available policy required

FRONTLOADING SICK TIME



Mental or physical illness, injury, or health condition; medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or preventive medical care for self or family member.

Medical Treatment

QUALIFYING REASONS TO USE SICK TIME

Absences related to domestic violence, sexual assault or stalking.

Domestic Violence

Public health emergency or exclusion for work for public health reason, or closure of child’s school for health reason.

Public Health



EMPLOYER RULESCan require:• Following employer rules

for requesting and reporting sick time

• Reasonable notice• Must have and distribute

written policy• No more than 10 days for

foreseeable time off• By start of shift for

unforeseeable time off• End of the first day for

domestic violence related leave

Cannot require:• Finding a replacement • Making up missed time;

can allow employees to do so in lieu of taking sick time

• Discipline for legitimate use of sick time



DEALING WITH SICK TIME ABUSERS -WASHINGTON

Healthcare provider verification can be requested when:

• Employee has more than three consecutive workday absences or portions thereof

• Employer publishes policy regarding documentation requirements

• Employees have at least 10 days to submit documentation; except domestic violence related leave

• Cannot result in unreasonable expense

• If concurrent with FMLA, then FMLA rules apply



PAYING SICK TIME• Employees may use accrued sick time in increments equal

to increments in which they are paid (but no more than 1 hour)

• Good cause exception

• Default Sick Leave Pay Rate = Employee’s base rate• Does not include tips, service charges, bonus, overtime, etc.

• Commission Earners= Reasonable calculation of what would have otherwise earned

• Suggests average hourly rate of pay in all pay periods in the preceding 90 days

• Piece Rate Earners = Reasonable calculation of what would have otherwise earned

• Suggests average hourly rate of pay in most recent workweek with substantially similar work

• Multiple rates of pay = hourly rates of pay for which the employee would have worked



ADDITIONAL CONSIDERATIONS

• If rehire within 12 months:• Must restore unused sick leave that has not been

paid out (up to 40 hours if the benefit year expired before employee returned)

• Must apply prior service to any waiting period• Must provide notice of reinstated amounts

• Not required to pay out upon separation, but can if mutually agreed in writing

• Sick leave donation policy allowed



NOTIFICATION• Notice to all employees of rights

and company policy by:• March 1, 2018 for current

employees• First day of employment for new

hires• Monthly notification of:

• Total accrued time• Time used since last notification• Available balance

• If frontload, must provide notice at end of year that the amount of time frontload equal or exceeded the required accrual rate


WASHINGTON PAID FAMILY AND

MEDICAL LEAVE



PROGRAM STRUCTURE• Includes all Washington employers• Funded through payroll deductions

• Deductions begin January 1, 2019• Premium = 0.4 percent of an employee’s wages• Employer pays at least 37.5%, employee no more than 62.5%

• Employers may opt out if have comparable plan and pay $250 fee to have plan evaluated/approved

• Small Employer Opt Out Considerations• Employers with fewer than 50 employees may elect not to

pay the employer premiums• Small employers (fewer than 150 employees) eligible for

$1,000 to $3,000 grants to offset wage costs related to leave



EMPLOYEE BENEFITSBEGIN JANUARY 2020

Employee Eligibility

• 820 hours in a “qualifying period” (roughly the previous 12 months)

• Can get waiver for temporary Washington employees (less than 820 hours in a qualifying period)

Waiting Period • 7 days, except for birth/placement of child

Qualifying Reasons

• Mirror the Family and Medical Leave Act (FMLA)

Benefit • 90% of average weekly wages at or below state average weekly wage (currently $1,082); 50% for all wages above

• Max benefit=$1,000Benefits Period(Pro-rated)

• 12 weeks of family or medical leave; or• 14 weeks of family or medical leave if the employee

experiences a pregnancy-related serious health condition; or• 16 weeks of combined family and medical leave; or• 18 weeks of combined family and medical leave if the

employee experiences a pregnancy-related serious health condition


PREGNANCY ACCOMMODATIONS

Without physician's certification or exception:• Frequent, longer, or flexible restroom breaks• Allowances to eat and drink while working• Means/Opportunity for the employee to sit more

frequently • Limit lifting to 17 pounds or less

With physician’s certification, absent significant difficulty or expense:

• Job restructuring - modifying a work schedule, job reassignment, changing a work station, or providing equipment;

• Temporary transfer to a less strenuous or hazardous position;

• Scheduling flexibility for prenatal visits;• Additional accommodations the employee may need• Restrictions on lifting less than 17 pounds

Employers with 15 or more employees must provide pregnant employees…



QUESTIONS?

TRÜPPChristine Thelen SPHR/SCP

[email protected]

www.trupphr.com


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