Most Washington employers and payroll departments are aware that, as of January 1, 2018, state law mandates paid sick leave for all employees. Now is a good time, if you haven’t done so already, to review your sick leave policy and update your employee handbook to include the new law’s requirements.
The law, codified at RCW 49.46.200 and 210, requires employers to provide one hour of paid sick leave for every forty hours worked. This applies to all employees, full-time, part-time, seasonal or temporary. Paid sick leave starts to accrue on the first day of employment, but employers may require that it not be used until the employee has completed 90 days of work.
Accrued but unused paid sick leave balances of up to 40 hours must carry over to the following year. If you rehire an employee within 12 months of separation, the employee’s previously accrued and unused paid sick leave must be reinstated.
Paid sick leave can be used for any of the following reasons:
- An employee’s mental or physical illness, injury or health condition, including diagnosis, care and treatment, or preventive medical care.
- To allow an employee to provide care for a family member with a mental or physical illness, injury or health condition, including for diagnosis, care and treatment or preventive care.
- When the employee’s place of business has been closed by order of a public official for any health-related reason, or when an employee’s child’s school or place of care has been closed for such a reason.
- For absences that are covered under the state’s Domestic Violence Leave Act (RCW 49.76).
Employers are prohibited from retaliating against employees for their use of paid sick leave.
The law also requires employers to have written policies if the employer wishes to adopt certain rules regarding the use of paid sick leave (reasonable notice of absence, verification for absences exceeding 3 days, front-loading of paid sick leave, and the ability to share leave with co-workers).
Employers are also required to notify employees of their paid sick leave rights via a one-time notification in written or electronic form, as well as monthly notifications to employees detailing the amount of paid sick leave accrued, any reductions in paid sick leave since the last report, and the amount of unused paid sick leave available. This information can be provided in regular payroll statements.
The Washington Department of Labor & Industries’ website has an Employer Resource Center at http://www.lni.wa.gov/WorkplaceRights/LeaveBenefits/VacaySick/EmployerInfo.asp#ImplementingPolicy where you can download sample notifications and policies and learn more about the new law’s requirements.
If you need help implementing the new paid sick leave law or updating your employee handbook, contact Sampath Law Group at 360-787-9200.
