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SEATTLE OFFICE FOR CIVIL RIGHTS

Seattle Office for Civil Rights Rules
Chapter 70

 

ACCRUAL

SHRR 70-100           Accrual of paid sick/safe time

Employees of Tier One or Tier Two employers shall accrue at least one hour of paid time for every 40 hours worked in Seattle. Employees of Tier Three employers shall accrue at least one hour of paid time for every 30 hours worked in Seattle. See SMC 14.16.020(B).

SHRR 70-110           Accrual of combined or universal leave

Employees of employers with a combined or universal leave policy, such as a paid time off (PTO) policy, shall accrue at least one hour of paid time at the rate required for the employer's tier size. See SMC 14.16.020(H)(2)-(3) and SMC 14.16.020(I)(2)-(3).

SHRR 70-120           Start of Accrual

  1. Except as modified in section two of this rule, employees who perform work in Seattle, including traditional employees, temporary workers, part-time employees and employees who work in Seattle on an occasional basis shall begin to accrue paid sick/safe time on the date this Ordinance goes into effect on September 1, 2012 or at the commencement of their employment if they are hired after September 1, 2012.
  2. Employees who work in Seattle on an occasional basis shall begin to accrue paid sick/safe time upon coverage by the Ordinance (i.e. when they have worked more than 240 hours of work in Seattle within a calendar year).

SHRR 70-130           Existing Policy

  1. 1. An employer that has an existing policy for paid sick/safe time on the date the Ordinance goes into effect on September 1, 2012 is not required to provide additional paid sick/safe time for the remainder of the 2012 calendar year provided that the existing policy meets the minimum requirements of the Ordinance, including but not limited to:
    1. The existing policy provides paid leave for the same purposes and under the same conditions as paid sick/safe time as stated by SMC 14.16.030;
    2. The existing policy provides paid leave that is accrued at the rate consistent with SMC 14.16.020(B), SMC 14.16.020(H)(2) and SMC 14.16.020(I)(2);
    3. The existing policy provides use of paid leave within any calendar year that is limited to no less than the amounts specified respectively for Tier One, Tier Two or Tier Three employers in SMC 14.16.020(C), SMC 14.16.020(H)(3) and SMC 14.16.020(I)(3);
    4. The existing policy provides carry over of unused paid leave to the following calendar year that is limited to no less than the amounts specified respectively for Tier One, Tier Two or Tier Three employers in SMC 14.16.020(G), SMC 14.16.020(H)(4) and SMC 14.16.020(I)(4); and
    5. Records show the employee's accrual, use and carry over of the paid sick/safe time for the 2012 calendar year is consistent with the above requirements.

SHRR 70-140           Paid leave

Employers are not required to permit accrual of paid sick/safe time during an employee's use of paid leave.

SHRR 70-150           Unpaid leave

Employers are not required to permit accrual of paid sick/safe time during an employee's use of unpaid leave

SHRR 70-160           Overtime

Employers are required to permit accrual of paid sick/safe time when a nonexempt employee works overtime hours.

SHRR 70-170           Frontloading

An employer's provision of paid sick/safe time in advance of accrual shall be permissible frontloading, provided that the frontloading meets the Ordinance requirements for accrual, use and carry over.

SHRR 70-180           Carry over

  1. In general. Unused paid sick/safe time shall be carried over to the following calendar year according to Ordinance requirements.
    1. Tier One employers shall permit employees to carry over unused paid sick/safe time up to 40 hours. Tier Two employers shall permit employees to carry over unused paid sick/safe time up to 56 hours. Tier Three employers shall permit employees to carry over unused paid sick/safe time up to 72 hours. See SMC 14.16.020(G).
    2. Tier One or Tier Two employers with a combined or universal leave policy, such as a paid time off (PTO) policy, shall permit employees to carry over unused paid leave in accordance with carry over requirements for Tier One and Two employers. See SMC 14.16.020(H)(4).
    3. Tier Three employers with a combined or universal leave policy, such as a paid time off (PTO) policy, shall permit employees to carry over up to 108 hours of unused paid leave, See SMC 14.16.020(I)(4).
  2. Amount of carry over. Employers are not required to permit employees to carry over unused paid sick/safe time beyond the provisions of SMC 14.16.020 (G)-(I).
  3. Accrual after carry over. Employers are required to permit employees to maintain and/or use their carried over paid sick/safe time while concurrently accruing new paid sick/safe time for every hour worked. However, employers are not required to permit use of paid sick/safe time beyond the provisions of SMC 14.16.020(C).

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