Washington law requires employers to provide paid sick leave to nonexempt employees, and to allow employees to use sick leave and other paid time off to care for certain family members. In September 2024, the Department of Labor & Industries (L&I) issued proposed updated administrative policies to provide guidance and clarity to employers and employees on each of these laws. These laws are separate from the Paid Family Leave Act (PFMLA), which provides for paid leave administered through a state program.
ES.B.1 - Paid Sick Leave
Proposed L&I policy ES.B.1 “Paid Sick Leave Frequently Asked Questions” updates an existing policy that was last updated on December 7, 2021. It provides detailed guidelines on when and how employees can use the paid leave that they accrue under the Paid Sick Leave statute to care for themselves and their family members. Among other things, the draft Paid Sick Leave policy provides information on which employees are covered by the law, explains that incentive-based programs that reward employees for not using sick leave are considered retaliatory, describes the purposes for which sick leave can be used, updates the definition of “family member,” describes when an employee is considered “required to work,” and explains how to resolve issues where there is an erroneous sick leave payment.
ES.C.10 – Family Care Act
Proposed L&I draft policy ES.C.10 “Frequently Asked Questions About the Family Care Act” updates an existing policy that was last updated on August 6, 2014. It provides clarity on employees’ rights to use their accrued sick leave and other paid time off to care for family members with health conditions under the Family Care Act. Among other things, the draft Family Care Act policy defines “other paid time off” that employees can use to care for a family member in addition to their use of sick leave and it explains what it means to be “entitled” to use leave and when leave is “earned.” This draft policy also outlines specific situations where employees may use their accrued paid leave for brief or extended caregiving without employer retaliation. It also describes the types of health conditions for which leave can be used and explains that a child’s behavioral disorders that do not require treatment, supervision, or a parent’s presence are not covered under the law. Additionally, the draft policy provides information on obtaining verification of the need for leave and the interaction between the law and short-term disability plans.
L&I accepted feedback on the proposed policies until October 18, 2024. The date for finalization of the proposed policies will depend on the feedback L&I received during the comment period. When the policies are finalized, they will probably be posted online at https://www.lni.wa.gov/workers-rights/workplace-policies/administrative-policies.
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This is a brief overview of a complex topic and is not legal advice, nor does it cover all of the provisions of the proposed policies. For additional information on Washington’s Paid Sick Leave and Family Care Act requirements, consider contacting one of the members of the Ogden Murphy Wallace, P.L.L.C. Employment Law team, https://www.omwlaw.com/people?practice=employment-law.