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SEATTLE OFFICE FOR CIVIL RIGHTS

Seattle Office for Civil Rights Rules
Chapter 70

 

USE

SHRR 70-190           Waiting period

  1. 180 calendar days. Except as provided in the Ordinance for new employers, employees shall be eligible to use accrued paid sick/safe time beginning on the 180th calendar day after the commencement of their employment. The waiting period for eligibility relates back to the employee's commencement of employment, not the first day the Ordinance goes into effect on September 1, 2012. 
  2. Occasional basis. Employees who perform work in Seattle on an occasional basis shall be eligible to use accrued paid sick/safe time beginning on the 180th calendar day after the commencement of their employment, provided that they have met the initial coverage requirements of performing more than 240 hours of work in Seattle within the current or preceding calendar year.

SHRR 70-200           Location of use

All covered employees, including traditional employees, temporary workers, part-time employees and employees who perform work in Seattle on an occasional basis, shall be entitled to use paid sick/safe time during times that they are scheduled to perform work in Seattle.

SHRR 70-210           Paid safe time

  1. In general. Paid safe time can be used when an employee's place of business, or the school/place of care of an employee's child, has been closed by order of a public official to limit exposure to an infectious agent, biological toxin or hazardous material. See SMC 14.16.030(A)(2)(a)-(b).
  2. Inclement weather, loss of power or loss of water. Employees are not entitled to use of paid safe time when an employee's place of business, or when the school or place of care of an employee's child, has been closed due to inclement weather, loss of power or loss of water. The use of paid safe time shall be limited to the specific circumstances described in the Ordinance.

SHRR 70-220           Rate of pay

  1. In general.When using paid sick/safe time, an employee shall be compensated at the same hourly rate as the employee would have earned during the time the paid leave is taken.  Employees are not entitled to compensation for lost tips or commissions and compensation shall only be required for hours that an employee is scheduled to have worked. See SMC 14.16.010(O).
  2. Minimum wage. Employees may not be compensated for paid sick/safe time at a rate of pay that is less than the state minimum wage, except as modified by SHRR 70-240(1).
  3. Nonexempt employees
    1. Hourly rate of pay. For nonexempt employees paid an hourly wage, the hourly rate of pay shall be the same hourly wage the employee would have earned during the time which paid sick/safe time is taken.
    2. Overtime hours. For nonexempt employees who use paid sick/safe time for hours that would have been overtime hours if worked, employers are not required to apply overtime standards to an employee's hourly rate of pay.
      1. Mandatory overtime. Employers are required to permit use of paid sick/safe time for mandatory overtime hours that an employee was scheduled to work.
      2. Voluntary overtime. Employers are not required to permit use of paid sick/safe time for voluntary overtime hours that the employee elected or agreed to add to his or her schedule.
    3. Annual Salary. For nonexempt employees paid an annual salary, the hourly rate of pay shall be determined by dividing the annual salary by 52 to get the weekly salary and dividing the weekly salary by 40 or fewer hours, even if the non-exempt employee regularly works more than 40 hours per week.
  4. Exempt employees
    1. Annual Salary. For exempt employees who are paid an annual salary, the hourly rate of pay shall be determined by dividing the annual salary by 52 to get the weekly salary and dividing the weekly salary by the number of hours of the employee's normal work week.
  5. Two or more jobs for same employer. For employees who perform work for two or more jobs at different rates of pay for the same employer, the hourly rate of pay shall be equal to the scheduled rate of pay for the job during which paid sick/safe time is taken.
  6. Fluctuating rate of pay for same job. For employees whose rates of pay fluctuate for the same job (e.g. wage augmentation other than commission, tips or overtime), the hourly rate of pay shall be equal to the scheduled rate(s) of pay for the job during which paid sick/safe time is taken.
  7. Commissions and piecework. For employees who are paid on a commission (whether base wage plus commission or commission only) or piecework basis (whether base wage plus piecework or piecework only), the hourly rate of pay shall be the base wage or applicable minimum wage, whichever is greater.

SHRR 70-230           Shifts of indeterminate length

For employees who are scheduled to work a shift of indeterminate length (e.g. a shift that is defined by business needs rather than a specific number of hours), the employer may determine payment for paid sick/safe time based on hours worked by a replacement employee in the same shift or similarly-situated employees who worked that same or similar shift in the past.

SHRR 70-240           On-call shifts

  1. For employees who are scheduled for on-call shifts and are compensated for the scheduled time, regardless of whether work is performed, employers must permit use of paid sick/safe time.
  2. For employees who are scheduled for on-call shifts and are compensated only if work is performed, employers may, but are not required to, permit use of paid sick/safe time.

SHRR 70-250           Shift swapping

  1. In general.
    1. Upon mutual consent by the employee and the employer, an employee may work additional hours or shifts during the same or next pay period without using available paid sick or safe time for the original missed hours or shifts. See SMC 14.16.030(G).
    2. When paid sick/safe time is requested by an employee who works in an eating and/or drinking establishment, the employer may offer the employee substitute hours or shifts. If the employee accepts the offer and works these substitute hours or shifts, the amount of time worked during the substitute period or the amount of time requested for sick and safe time, whichever issmaller, may be deducted from the employee's accrued sick/safe time. See SMC 14.16.030(I).
  2. Signed Agreement. A shift-swapping arrangement may be memorialized in a signed agreement. Should questions arise about the nature of an arrangement, a signed agreement may serve as an accurate reflection of the interest and intentions of all involved parties.
  3. Employer discretion in eating and/or drinking establishments.In an eating or drinking establishment, the employer shall have the discretion to deduct an employee's accrued sick/safe time for hours worked during a substitute shift only for employer-managed shift-swaps and only upon mutual consent by the employer and employee.

SHRR 70-260           Concurrent leave

An employee's use of paid sick/safe time also may qualify for concurrent leave under federal, state or other local laws (e.g. leave for family medical leave, family care, reasonable accommodation, workplace injury, domestic violence, etc.).

SHRR 70-270           Disciplinary leave

Employers are not required to permit use of paid sick/safe time when an employee is suspended or otherwise on leave for disciplinary reasons.

SHRR 70-280           Other paid leave in lieu of paid sick/safe time

An employer may permit employees to use other paid leave for the purposes of paid sick/safe time (e.g. vacation leave) provided that the employer meets the minimum requirements of the Ordinance, including but not limited to requirements for accrual, use, carry over, employee notification and record keeping.

SHRR 70-290         Use of combined or universal leave

  1. 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 use paid leave within any calendar year in accordance with requirements for Tier One and Two employers. See SMC 14.16.020(H)(3).
  2. Tier Three employers with a combined or universal leave policy, such as a paid time off (PTO) policy, shall permit employees to use up to 108 hours of paid leave within any calendar year, See 14.16.020(I)(3).
  3. If an employee uses all paid leave for a reason not related to paid sick/safe time, the employer is not obligated to provide additional leave for paid sick/safe time under this Ordinance, though other federal, state or local laws may provide paid or unpaid leave for similar purposes.
SHRR 70-300           Breaks in service

  1. In general. Except as provided in the Ordinance for new employers, employees shall be entitled to use accrued paid sick/safe time beginning on the 180th calendar day after the commencement of their employment. When an employee is separated from employment and rehired within seven months of separation by the same employer, previously accrued and unused paid sick/safe time shall be reinstated and the previous period of employment shall be counted for purposes of determining the employee's eligibility to use accrued paid sick/safe time provided that if separation does occur, the total time of employment used to determine eligibility must occur within two calendar years. See SMC 14.16.020(F) and (L).
  2. Separation prior to eligibility. When an employee is separated from employment before becoming eligible to use paid sick/safe time and is rehired by the same employer within seven months of separation, the prior period of employment counts towards the 180 calendar day waiting period. The 180 calendar days do not have to be continuous or consecutive, but must have occurred within two calendar years.
  3. Separation after eligibility. When an employee is separated from employment after becoming eligible to use paid sick/safe time and is rehired by the same employer within seven months of separation, the employee is not subject to the 180 calendar day waiting period.
  4. Reinstatement.
    1. When an employee is separated from employment and is rehired by the same employer within seven months of separation, the employer shall immediately reinstate previously accrued and unused paid sick/safe time, regardless of whether the employee has met eligibility requirements for use of paid sick/safe time.
    2. The employer is not required to reinstate accrued and unused paid sick/safe time that an employee previously cashed out. Cashed out paid sick/safe time is the equivalent of used paid sick/safe time.

SHRR 70-310           Employee Notification

  1. In general. Each time wages are paid, employers shall provide written notification in physical and/or electronic form of an updated amount of paid leave available to each employee for use as sick/safe time. See SMC 14.16.030(K).
  2. Notification to all potentially eligible employees. Employers must provide written notification of paid leave available for paid sick/safe time to all employees who perform work in Seattle, regardless of whether the employee has met eligibility requirements (e.g. 180 calendar day waiting period) for use of paid sick/safe time.

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