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

Customer Question
Leave ordinance of Tacoma WA...
Is it mandatory to offer paid vacations? And offer Paid Sick Leave ordinance of Tacoma
WA
Submitted: 1 year ago.Category: Employment Law
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1/29/2016
Employment Lawyer: Brandon, Esq., Lawyer replied 1 year ago
Brandon, Esq.
Category: Employment Law
Satisfied Customers: 1,953
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Employment Lawyer: Brandon, Esq., Lawyer 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).

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Employment Lawyer: Brandon, Esq., Lawyer 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.

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Employment Lawyer: Brandon, Esq., Lawyer 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.

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Employment Lawyer: Brandon, Esq., Lawyer 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.

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Employment Lawyer: Brandon, Esq., Lawyer replied 1 year ago

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

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Employment Lawyer: Brandon, Esq., Lawyer 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

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Employment Lawyer: Brandon, Esq., Lawyer 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.

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