Paid Sick and Safe Time – Information for Employees and Employers

Employees in Seattle are provided significant protections and allowances when it comes to sick leave and time off for emergencies.  In addition to the Washington State Paid Sick Leave Law and the Federal Family and Medical Leave Act, most employees in the City of Seattle are also covered by the city’s Paid Sick and Safe Time Ordinance (SMC 14.16) and are entitled to assert these rights in a civil action. The Paid Sick and Safe Time (“PSST”) Ordinance requires employers to provide employees who work in Seattle with paid leave to care for themselves or a family member.  Employees may use PSST for doctors’ appointments, to care for a family member, to recuperate from an illness, or for preventative care.  PSST may also be used in instances of domestic violence, sexual assault, or stalking.  In response to COVID-19, Seattle expanded the ordinance to allow employees to use PSST to care for a family member whose place of care or school is closed.  The 2020 amendment also requires an employer with 250 or more full-time employees to allow employees to use PSST when their worksite is closed for any health or safety reason.  These changes to the ordinance are permanent and are not expected to be withdrawn after the COVID pandemic ends. An employee may use PSST for themselves, a child, spouse, parent, grandparent, or their partner in a dating relationship.  The ordinance additionally applies to household members: former spouses, former partners, and roommates. Just how much PSST is earned and how much can be rolled over is determined by the size of the employer.  Tier 1 employers employ fewer than 50 employees.  Their 3 employers employ more than 250.  Tier 2 employers are the middle ground who employ more than 50 but fewer than 250.  Tier 1 and Tier 2 employers must provide at least one hour of PSST for every 40 hours the employee works.  If the employee does not use all of their PSST in a year, Tier 1 employers must allow them to roll over 40 hours of PSST to the following year and a Tier 2 employer must allow them to roll over 56 hours.  Tier 3 employers must provide at least one hour of PSST for every 30 hours the employee works and allow 72 hours of unused PSST to be rolled over. Additionally, all employers are required to provide an accounting each pay period of the employee’s accrued PSST and to keep those records for a minimum of three years.  If an employer does not provide PSST as required by the ordinance, fails to provide the required accounting of accrued time, or fails to maintain records of PSST, the employer is subject to liquidated damages, civil penalties, fines, and interest, in addition to payment of the unpaid PSST wages.  Employees have the option to report a complaint to the Seattle Office of Labor Standards or to bring their own lawsuit.