SEATTLE OFFICE FOR CIVIL RIGHTS

Seattle Paid Sick and Safe Time Ordinance

Overview

• Begins on September 1, 2012.
• Provides paid sick and safe time (PSST) for employees working within Seattle City limits.
• Sets minimum requirements for accrual, use, and carryover of PSST.
• Requires employer notification and tracking of PSST.
• Offers basic job protections for employees who use PSST.
• New law is enforced by Seattle Office for Civil Rights.

What is PSST?

SICK TIME can be used for:

• Personal illness or preventative care.
• Care for a family member’s illness or preventative care (child, grandparent, parent, parent-in-law, spouse and registered domestic partner).

SAFE TIME can be used for:

• Survivors of domestic violence, sexual assault or stalking.
• Closure of workplace or child’s school or place of care by public official to limit exposure to infectious agent, biological toxin or hazardous material.

Who is covered?

• Employees who perform work in Seattle:
  • Full-time, part-time, temporary, and occasional-basis employees.
  • Employees who telecommute in Seattle.
  • Employees who stop in Seattle as a purpose of their work.

• Excludes:
  • Federal, state, or county government employers
  • Employees who work or telecommute outside of Seattle.
  • Employees who travel through Seattle.
  • Students enrolled in a work study program.
  • Two year exemption for new small and medium-sized employers (Tier 1 and Tier 2)

Other facts:

• Accrual begins on September 1, 2012 or when the employee is hired after this date.
• Accrual based on hours worked in Seattle including overtime for non-exempt employees.
• Accrual for occasional employees begins after they have worked 240 hours in a calendar year. Accrual begins on the 241st hour; employees are covered for current and following calendar year.
• Use begins after 180th calendar day from the beginning of employment.
• Hour-long increments: PSST can be used in hour-long increments.
• Carry-over: Employees permitted to carry over unused hours to the next calendar year.
• Frontloading permitted for accrual, use and carry over.
• Combined or universal leave (aka Personal Time Off / PTO) policies are permitted, provided they comply with the PSST Ordinance.
• Cash out option: If employer allows, employees have the voluntary option to cash out unused PSST.
• Rate of pay: Same hourly wage that employee would have earned during time PSST was taken.
• Excludes lost tips and commissions that employee might have received when PSST was taken.
• No waivers: Employees cannot waive their right to PSST (except collective bargaining agreements).
• Separation from employment: PSST reinstated if an employee is rehired within 7 months by the same employer.
• Other laws: Ordinance does not preempt or limit application of federal, state or other local laws.
• Other laws: PSST can be coordinated with other leave laws such as FMLA, Domestic Violence Leave, Workers Compensation etc.

How does an employee request use of PSST?

• Foreseeable leave: A written request at least 10 days in advance of leave (unless employer’s policy requires less notice.)
• Unforeseeable leave: Give notice “as soon as practicable” (in compliance with the employer’s policy for unforeseeable leave).
• Paid safe time: end of first day of for domestic violence, sexual assault or stalking.
• Employer policies: Employer can require employees to follow their rules about giving notice.

Employee documentation for use of PSST:

• 1-3 consecutive days: Employee not required to provide documentation.
• More than 3 consecutive days: Employer may require documentation (e.g. statement from healthcare professional that sick time was necessary).
• Clear instance or pattern of abuse: Employer may ask for documentation for absences that are shorter than 3 days.
• Privacy: Employer cannot require statement regarding the nature of the illness or other private medical information (but FMLA and ADA may apply and permit such inquiries).
• Payment for documentation:
• If employer does not offer health insurance: Employer and employee each pay 50% of the cost to obtain documentation (services by health care professionals and facilities, prescribed testing and transportation service providers).
• If employee declined health insurance: Employee is not entitled to reimbursement.
• Paid SAFE time for domestic violence, sexual assault or stalking:
• Police report.
• Court order.
• Documentation that the employee or employee’s family member is experiencing domestic violence, sexual assault, or stalking.
• Employee’s written statement is acceptable documentation by itself.
• Confidential – no explanation required of the nature of the situation or reason for taking leave.

PSST and employer attendance policies:

• Absence control policies: PSST cannot be counted as an absence that may result in discipline.
• Clear instance or pattern of abuse: Employer can take reasonable action (e.g. discipline) for:
• Repeated absences.
• Absences that precede or follow regular days off, or some other pattern without valid reason.
• Obtaining or using paid sick time improperly.

PSST notice and record-keeping requirements:

• Notice: employers are required to provide notice to all employees who work in Seattle, regardless of employer tier size or location. Notice must be:
• Conspicuous and accessible.
• Physical and/or electronic.
• Notification: Employers must provide notification of available PSST each time wages are paid:
• By paystub and/or online.
• Record keeping: Employers must retain PSST records for two years that indicate:
• Employee hours worked in Seattle.
• Accrued PSST by employee.
• Use of PSST by employee.

Retaliation protection

• Retaliation is illegal. Employers are prohibited from disciplining or discriminating against employees who have exercised their rights under the Ordinance.
• Employee and third-party complaints are permitted.
• Broad protection against retaliation: Anti-retaliation provision applies to ALL employers with one or more employees.

Collective Bargaining Agreements (CBA):

• Waiver of rights is permitted:
• In CBA or MOA (Memorandum of Agreement).
• Must be in clear and unambiguous language.
• Must include a specific reference to the Ordinance.

City of Seattle employees:

• PSST Ordinance applies to City of Seattle employees:
• Most City employees already receive PSST benefit.
• City policies regarding temporary employees have been changed to comply with the Ordinance.