Employment Law Quirks 3 Issues - Washington State...

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Employment Law QuirksEmployment Law Quirks

Sick & Safe Leave

3 Issues3 Issues

Political Ideology

Background Checks?

SEATTLE SICK & SAFE LEAVESEATTLE SICK & SAFE LEAVE

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Introduction & Brief History

Sick & Safe LeaveSick & Safe Leave

Seattle(2012) Milwaukee, WI

(2008)

U.S.S. 984Healthy Families Act(2003 - 11)

San Francisco(2007)

Washington, DC(2008)

Connecticut(2011)

Identification & Source– Ordinance No. 123698

• (CB 117216)

– Full ordinance text (23 pp )


– Full ordinance text (23 pp.)• http://bit.ly/OMGwhatwerewethinking

– Regulations (27 pp.)• http://bit.ly/MalingeringCouchPotatoesRule

Questions To Answer:1. Who, what & how much?

2. What about PTO & other equivalents?

3 Is notice required?


3. Is notice required?

4. Can employers request certifications?

5. What other duties do employers have?

6. How is the law enforced?

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Covered “Employer” if:– 1 or more “employees”

– Works in Seattle City Limits


What Get?– “Paid Sick Time”

– “Paid Safe Time”

Or equivalent


– Or equivalent

– Mandatory

– Non-waivable• Only Exception CBA

“Paid Sick Time” Use

(After 180 days of service)


– Illness, injury or health condition,

– Need for diagnosis care, or

– Need for preventive care,

– For self or “family member”

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“Paid Safe Time” Use

(After 180 days of service)


– School or business closure by public official,

– Legal help/proceedings, law enforcement or seeking medical treatment re:

– Domestic violence, assault, or stalking.

– For self or “family member”

How Much? Paid Leave Accrual(Starts Immediately)

Tier 1 (5 – 49 FTEs): 1 hour foreach 40


Tier 2 (50 - 249 FTEs): 1 hour foreach 40

Tier 3 (250+ FTEs): 1 hour foreach 30

How Much? Paid Leave Caps(Starts Immediately)

Tier 1 (5 – 49 FTEs): 40 hours/yr


Tier 2 (50 - 249 FTEs): 56 hours/yr

Tier 3 (250+ FTEs): 72 hours/yr

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What about PTO? “combined” or “universal”

leave

Tier 1 (5 – 49 FTEs): Equivalent


Tier 2 (50 - 249 FTEs): Equivalent

Tier 3 (250+ FTEs): Equivalent +108 hours/yr

Is Notice Required?


– Foreseeable Leave: 10 days advanced written &

reasonable effort to schedule

– Unforeseeable: When “practicable”

– When possible: duration of leave requested

Can employer require certifications?– No, but can get “Reasonable Documentation”,

– For sick and/or safe time,

– 1-3 . . . NO


– If >3 consecutive days, yes.

– Who pays?

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Other duties?– Posting or Handbook, Pay period

– Non Discrimination/Retaliation

Confidentiality


– Confidentiality

– Recordkeeping: 2 years


Questions


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POLITICAL IDEOLOGY PROTECTEDPOLITICAL IDEOLOGY PROTECTED

SMC 14.04.40: “Political Ideology” is a protected class (1973)

Scope = constitutional cases

Political IdeologyPolitical Ideology

Questions

Political IdeologyPolitical Ideology

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BACKGROUNDCHECKS?BACKGROUNDCHECKS?

CB 117583 – “Job Assistance” Ordinance Proposal

Employers cannot use Arrest Record

Criminal Conviction Record

Pending Criminal Charge

Background Checks?Background Checks?

Pending Criminal Charge

“Tangible employment action”, unless

“direct relationship”.

Post-offer background checks only.

Exceptions:Access to homes;

Access to youth (<18) or vulnerable adult;

Law enforcement, police, crime prevention, security, private investigator;


Convictions for honesty crimes (theft, fraud, embez, financial crime) & position involves access to money, financial information or personal identifying information.

STATUS

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Questions


Employment Law Quirks 3 Issues - Washington State...

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