Comparison of Paid Sick and Safe Time (“PSST”) Laws for the Cities of Seattle and Tacoma
[vc_row bg_type=”color” font_color=”#ffffff” bg_color=”#888b8d”][vc_column css=”.vc_custom_1456950761601{padding-top: 5% !important;padding-right: 5% !important;padding-bottom: 5% !important;padding-left: 5% !important;}”][vc_column_text]Disclaimer: The below information is intended to provide a general summary and comparison of major provision in the PSST laws. It is not a substitute for legal advice, nor is it a comprehensive summary of PSST laws. Should the reader have questions as to how the law applies to their particular situation, please confer with legal counsel.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
| Seattle Sick and Safe Leave Law | Tacoma Sick and Safe Leave Law | |
| Who is a covered employee? | ||
| Who is a covered employee? | All traditional employees, temporary, and part-time employees who perform work in Seattle. Employees who perform work on an “occasional basis” are covered only if they perform more than 240 hours of work in Seattle within a calendar year.
When there is a reasonable expectation that an employee will work more than 240 hours in Seattle in a calendar year, the employee is immediately covered by the ordinance. Click here to visit Swift Whale or here to visit Swift Whale , it will popup a disclaimer! |
Same, except that an employee who performs work in Tacoma on an “occasional basis” is covered only if he or she performs more than 80 hours of work in Tacoma within a calendar year.
When there is a reasonable expectation that an employee will work 80 hours in Tacoma in a calendar year, the employee is immediately covered by the ordinance. |
| Once an “occasional basis” employee is covered by the ordinance, when do they begin to accrue PSST? | An employee who works only occasionally within Seattle does not begin to accrue PSST until the 240 hour threshold is met. | An employee who works only occasionally within Tacoma is not covered by the ordinance until he has worked 80 hours, however, once that threshold is met, the employer shall provide the employee with the amount of paid leave equal to what would have been accrued over those 80 hours. |
| Once an occasional basis employee meets the threshold hours, how long are they covered? | Once an employee who performs work in the city on an occasional basis is covered by the ordinance, that employee shall remain covered by the ordinance for the current and following calendar year. | Same. |
| When does a regular employee (not one who is an occasional basis employee) begin to accrue PSST? | At the beginning of employment or as of September 1, 2012, whichever is later. | At the beginning of employment or as of February 1, 2016, whichever is later. |
| When can an eligible employee first use PSST? | Employees are entitled to use accrued PSST on the 180th calendar day after commencement of their employment. | Same. |
| When is the employee in Seattle or Tacoma? | ||
| Does an employee accrue PSST when they are telecommuting in the city? | Yes. | Yes. |
| Does an employee accrue PSST when they are telecommuting outside the city? | No. | No. |
| Does an employee accrue PSST when they stop in the city? | Employees who travel to the city and make a stop as a purpose of their work (e.g. to make pickups, deliveries, sales calls, etc.) are covered by the ordinance for all hours that they perform work in the city, including travel within the city to and from the work site(s) | Same. |
| Does an employee accrue PSST when they travel through the city? | Employees who travel through the city, but do not stop in the city as a purpose of their work (e.g. to make pickups, deliveries, sales calls, etc.) are not covered by the ordinance for time spent travelling through the city.
Employees who travel through the city and only make incidental stops (e.g. purchasing gas or changing a flat tire) are not making a stop as a purpose of their work. |
Same. |
| What is the benefit? | ||
| At what rate do employees accrue PSST leave? | Employees of a Tier One employer (more than 4 FTES, fewer than 50 employees) accrue one hour of paid time for every 40 hours worked in Seattle.
Employees of a Tier Two employer (50 or more FTEs but fewer than 250 FTEs) accrue one hour of paid time for every 40 hours worked in Seattle. Employees of a Tier Three employer (250 or more FTEs) accrue one hour of paid time for every 30 hours worked in Seattle. |
Employers shall provide employers with a minimum of one hour of paid leave for every 40 hours worked within Tacoma. |
| How does the accrual rate apply to exempt employees? | No employer shall be required to accrue leave for exempt employees for hours worked beyond a 40-hour work week. If their normal work week is less than 40 hours, PSST accrues based on the normal work week. | Same. |
| What is the maximum amount of PSST the employee may use per calendar year? | Tier One: 40 hours in a calendar year.
Tier Two: 56 hours in a calendar year. Tier Three: 72 hours in a calendar year. |
The employee can earn up to 24 hours of PSST per calendar year. The employee may also use hours carried over from a previous calendar year for a total not to exceed 40 hours in a calendar year. |
| How many hours of accrued but unused PSST can an employee carry over from one calendar year to another? | Tier One: 40 hours
Tier Two: 56 hours Tier Three: 72 hours |
24 hours. |
| What if the employer already has a paid sick leave policy? | Tier One and Two: Where an employer already has a paid leave program, a Tier One or Two employer is not required to provide additional PSST, provided that: 1) available paid leave may be used for sick and safe time; and 2) the minimum requirements for accrual, use, and carryover, as stated above, are met.
Tier Three: Where an employer already has a paid leave program, a Tier Three employer is not required to provide additional PSST, provided that: 1) available paid leave may be used for sick and safe time; 2) paid leave accrues at a rate of 1 hour for every 30 hours worked; 3) the employee can use at least 108 hours of leave per calendar year; and 4) the employee can carry over up to 108 hours of accrued leave from one calendar year to the next. |
Where an employer already has a paid leave program, the employer is not required to provide additional PSST, provided that: 1) available paid leave may be used for sick and safe time; 2) paid leave accrues at a rate of 1 hour for every 40 hours worked; 3) use of paid leave is limited to no less than 24 hours per calendar year; or 4) the premium pay program is approved by the Director, and is consistent with the rules and regulations adopted by the Director. |
| In what increment of time can the employee use leave? | Non-exempt employees can use PSST in 1-hour increments, or smaller increments if the employer so designates. For exempt employees, PSST must be used in accordance with FLSA. | Employers may require a minimum use of accrued paid leave time, subject to the FLSA. If the employer does not establish a minimum use policy for non-exempt employees, accrued paid leave time may be used in hourly increments. For exempt employees, the employer may make deductions of paid leave in accordance with the FLSA or in accordance with a pay system established by statute, ordinance, or regulation. |
| What happens if an employee is separated? | ||
| Does a separated employee have to be paid out accrued but unused PSST? | No. | No. |
| What happens if an employee is separated and then rehired? | When there is a separation from employment and the employee is rehired within seven months of separation by the same employer, previously accrued PSST that had not been used shall be reinstated. | When there is separation from employment and the employee is rehired within six months in the same calendar year of separation by the same employer, previously accrued unused paid leave shall be reinstated. |
| When can an employee, who is separated and then returns to work, begin to use PSST again? | When an employee is separated from employment and rehired within seven months of separation by the same employer, the previous period of employment shall be counted for purposes of determining the employee’s eligibility to use accrued PSST. | When an employee is separated from employment and rehired within six months in the same calendar year of separation by the same employer, the employee shall be entitled to use any reinstated accrued paid leave and newly accrued paid leave immediately upon the recommencement of employment, provided that the employee had previously been eligible to use paid leave. |
| Reasons for sick time | ||
| Absence for an employee’s mental or physical illness, injury or health condition | Yes. | Yes. |
| To accommodate diagnosis, treatment, or need for preventive medical care. | Yes. | Yes. |
| To allow an employee to care for a family member with a mental or physical illness, injury, or health condition, including diagnosis, treatment, or preventive care. | Yes. | Yes. |
| Bereavement leave for the death of a family member. | No. | Yes. |
| What sick family members may an employee care for? | Child, grandparent, parent, parent-in-law, spouse (including domestic partner) | Child, grandparent, parent, spouse (including domestic partner) |
| Reasons for safe time | ||
| When the employee’s place of business has been closed by order of public official to limit exposure of an infectious agent, biological toxin, or hazardous material. | Yes. | Yes. |
| To accommodate the employee’s need to care for a child whose school or place of care has been closed by order of a public official. | Yes. | Yes. |
| For reasons related to domestic violence, sexual assault, or stalking. | Yes. | Yes. |
| What family members may an employee care for regarding safe time for domestic violence, sexual assault, or stalking? | Note: there is ambiguity in the law regarding what “family members” are covered. The Seattle Office of Civil Rights has issued this guidance:
For paid safe time, “family member” is defined as a child, spouse, parent, parent-in-law, grandparent, or person with whom the employee has a dating relationship. |
Child, grandparent, parent, spouse (including domestic partner) |
| Notice to employer of need for leave | ||
| What notice must the employee give to the employer if paid leave is foreseeable? | A written request shall be provided at least 10 days, or as early as possible, in advance of the paid leave, unless the employer’s normal notice policy requires less advance notice. The employee shall make a reasonable effort to schedule the use of PSST in a manner that does not unduly disrupt the operations of the employer. | Same. |
| What notice must the employee give to the employer if paid leave is unforeseeable? | The employee must provide notice as soon as is practicable.
An employee shall provide notice to the employer no later than the end of the first day that the employee has used paid safe time for a reason related to domestic violence, sexual assault or stalking. |
The employee must provide notice as soon as is practicable. |
| What documentation of sick leave may the employer require? | If the employee uses more than 3 consecutive days of paid sick time, the employer may require reasonable documentation consisting of a signed statement by a health care provider indicating that sick time is necessary. An employer may not require that the documentation explain the nature of the illness.
If the employee is not offered health insurance by the employer, the employer and the employee shall each pay half the cost of any out-of-pocket expense required to obtain the documentation. |
If the employer chooses to require written documentation or other verification for the use of all or a portion of an employee’s paid leave, the employer must have a written policy regarding the requirement.
The policy must allow a personal statement signed by the employee that he or she is using paid leave for a qualifying absence as acceptable verification. |
| What documentation of safe leave may the employer require? | If for closure of the employee’s child’s school or childcare establishment: whatever notice of the closure order the employee received.
If for domestic violence, sexual assault, or stalking: a police report; a court order or other court document; documentation from an attorney, domestic violence advocate, clergy, or other medical professional; or the employee’s written statement. |
If the employer chooses to require written documentation or other verification for the use of all or a portion of an employee’s paid leave, the employer must have a written policy regarding the requirement.
The policy must allow a personal statement signed by the employee that he or she is using paid leave for a qualifying absence as acceptable verification. |
| Record-keeping requirements | ||
| How must employers give notice to employees of PSST time accrued? | Each time wages are paid, employers shall provide, in writing, information stating an updated amount of paid time available to each employee for PSST. | Employers may choose any reasonable system for providing this notification, including but not limited to, listing remaining available paid time on each pay stub or developing an online system where employees can access their own paid leave information. |
| What are the employer’s notice and posting obligations? | Employers shall give notice that employees are entitled to PSST, the amount of PSST; that retaliation is prohibited; that employees have the right to file a complaint or bring a civil action if PSST is denied. | Same, except that there is no private right of action. |
| What is the record retention period? | Employers shall retain records documenting hours worked by employees and PSST taken for a period of two years. | Employers shall retain records documenting hours worked by employees in Tacoma, and accrued and used PSST for three years. |
| What information must employers record? | Hours worked in the city, accrued PSST, used PSST.
Employers who provide a combined or universal leave policy, such as PTO for a limited or unlimited amount of leave, shall retain records for a period of two years that reasonably indicate employee hours worked, accrued leave and used leave. The employer is not required to maintain records showing employee reasons for use of the paid leave. |
Hours worked in the city, amount of PSST accrued; amount of PSST used; hire date; date employee was eligible to use PSST; dates and time each employee used PSST.
Employers who provide a universal PTO program that meets the requirements of the ordinance must track leave accrued and used; however, they are not required to track the specific reasons for the use of leave. |
| Other | ||
| What is a premium pay program? | N/A | “Premium pay program” means a plan offered by an employer pursuant to which an employee receives extra pay in-lieu of benefits. The program must be approved by the Director. |
| What is the definition of a “calendar year?” | A “calendar year” means the period of a year beginning January 1 and ending December 31 and is not interchangeable with a fiscal year or rolling year that is different than this definition. | “Calendar year” means the 12-month period beginning January 1; the 12-month period beginning on the date of hire; or the fiscal year, as elected by the employer.
The employer shall declare and consistently use one option to serve as their “calendar year” for all employees. |
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