How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Brandon, Esq. Your Own Question
Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1953
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
69271599
Type Your Employment Law Question Here...
Brandon, Esq. is online now
A new question is answered every 9 seconds

Is it mandatory to offer paid vacations? And offer Paid Sick

Customer Question

Is it mandatory to offer paid vacations? And offer Paid Sick Leave ordinance of Tacoma
WA
Submitted: 1 year ago.
Category: Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Hello, my name is ***** ***** I want to make sure you receive excellent service today. Are you online with me?

Expert:  Brandon, Esq. replied 1 year ago.

Under federal and state law, an employer is not required to give workers paid vacations or sick leave, however, if the employer does offer these things, then it could create a breach of contract claim if they fail to honor that commitment. Under the law, paid vacations and sick leave are considered benefits. These benefits may be paid by the business under a policy, written agreement, personal contract, oral agreement, collective bargaining agreement or other form of agreement (such as a union contract).

Expert:  Brandon, Esq. replied 1 year ago.

If the business agrees to give these benefits, and then does not give them, workers can sue the business. Additionally, if the business gives the benefits to some, but not others, they can open themselves up to litigation. While a business can have policies limiting who is eligible, those limits must be universal. I.e. part time or temporary employees may not be entitled to vacation benefits, while full time are. If the employer gives vacation randomly, they open themselves up to claims based on a legally protected characteristic, such as gender, race, religion or disability.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you.

Have a wonderful rest of your day.

Expert:  Brandon, Esq. replied 1 year ago.

I apologize, I should also clarify. As of right now, Only Seattle and Sea Tac currently require mandatory paid time off. However, there is a new law that takes place on February 1st, 2106.

Expert:  Brandon, Esq. replied 1 year ago.

This law is known as the Paid Leave Ordinance NO. 28275; Chapter 18.10, Tacoma Municipal Code. On February 1st, all private sector employers in Tacoma must provide employees who work over 80 hours per year who work in Tacoma job protected paid leave for personal illness, family care, domestic violence, and bereavement. These 80 hours must be performed in Tacoma. Under the ordinance, all employees, accrue one hour of paid leave for every 40 hours worked within Tacoma, up to a maximum of 24 hours within a calendar year. They may use up to 40 hours of paid leave in any calendar year. Overtime-exempt employees need not accrue paid leave for hours worked beyond 40 in a workweek, and if an exempt employee's normal workweek is fewer than 40 hours, paid leave may be accrued based on the employee's normal workweek. Paid leave must begin to accrue at the commencement of employment, or on the date the Ordinance goes into effect, whichever is later. The law states that employees may carry over up to 24 hours of unused paid leave into the following calendar year.

Expert:  Brandon, Esq. replied 1 year ago.

Again, I apologize, the law takes place not in 2106, but rather 2016 of this year.

Expert:  Brandon, Esq. replied 1 year ago.

This leave is not for paid vacations. It is for an employee's own illness or medical care, family care, business closures, school closures, domestic violence or bereavement. As for all of the exact requirements, you can find them here:

http://cms.cityoftacoma.org/Finance/paid-leave/Tacoma-Paid-Leave-Amended-Ordinance28275.pdf

Expert:  Brandon, Esq. replied 1 year ago.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you.

Have a wonderful rest of your day.

Related Employment Law Questions