Paid Sick and Safe Time Ordinance
Final Administrative Rules
and Additional Notice and Comment for the Definition of "Normal Hourly Compensation"
(June 4, 2018) - The Seattle Office of Labor Standards announces final revisions to administrative rules for the Paid Sick and Safe Time (PSST) ordinance, effective July 1, 2018. In addition, OLS announces an additional notice and comment period for a modified proposal for the rule defining "normal hourly compensation."
In the initial draft of PSST rule revisions, the definition of normal hourly compensation required employers to include holiday pay and other premium rates when paying employees for use of PSST - a different requirement than is provided under the rules issued by the Washington State Department of Labor and Industries ("L&I"). During the notice and comment period from April 23 through May 13, 2018, OLS received comments on this proposal. After carefully considering the comments, OLS is proposing a modified definition of normal hourly compensation that does not require inclusion of holiday pay and other premium rates. This revised definition is consistent with the approach taken by L&I and many other jurisdictions. By aligning these requirements, OLS seeks to facilitate implementation of PSST and promote greater compliance.
Members of the public have until June 19, 2018 at 5:00pm PST to comment on the modified rule for normal hourly compensation. OLS anticipates finalizing this rule by July 1, 2018.
The full text of the final rules is available at:
The text of the proposed rule, SHRR 70-020(5), is available at:
Please send comments by email to karina.bull@seattle.gov or by regular mail to:
Seattle Office of Labor Standards
810 Third Ave., Suite 375
Seattle, WA 98104-1627
Attn: Karina Bull, OLS Policy Manager
You can also comment by calling 206-256-5297.
Seattle's PSST ordinance requires employers operating in Seattle to provide all employees with paid leave to care for themselves or a family member with a physical or mental health condition, medical appointment, or a critical safety issue.
Seattle recently amended the PSST ordinance to reflect the more employee-protective provisions of voter-passed, Washington Initiative 1433, which established statewide paid sick leave for hourly employees working in Washington state. PSST rule revisions modify existing rules, originally issued in 2012, to reflect these ordinance amendments.
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Key Requirements
Employees can use PSST as follows
- To care for a personal or family member’s illness, injury or health condition, including preventative appointments
- To care for a personal or family or household member’s for a reason related to domestic violence, sexual assault, or stalking
- To care for a personal absence when a workplace, or child’s school/place of care, has been closed by order of a public official for health reasons
- Family member is defined as child of any age, spouse including registered domestic partners, parent and parent-in-law, sibling, grandparent, and grandchild
PSST Rates (Accrual/Carry Over) by Employer Size
| General Information | Small (Tier 1) Employer | Medium (Tier 2) Employer | Large (Tier 3) Employer |
| Full Time Equivalents (FTEs) | One employee and up to 49 FTEs | 50-249 FTEs | 250 or more FTEs |
| Accrual of PSST per hours worked | 1 hour per 40 hours | 1 hour per 40 hours | 1 hour per 30 hours |
| Carry over of unused PSST (per year) |
40 hours | 56 hours | 72 hours *108 hours for employers with PTO |
*There is no cap on accrual or use of PSST in a year (i.e. fixed, 12-month period).
Resources
- Questions & Answers (Q&A)
Rules and Ordinances
- Administrative Rules -
Practices for Administering Paid Sick Time and Paid Safe Time under SMC 14.16 (Chapter 70) (The PSST ordinance was amended on January 14, 2018. Ordinance amendments may supersede these rules.) - Seattle Municipal Code (SMC) -
Paid Sick and Safe Time (Chapter 14.16)
The Office of Labor Standards has jurisdiction within Seattle city limits
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