Washington State Labor Law Research

Washington is AT-Will employment State, like Texas

There are many Texas and Washington leave differences: All sick and Vacation accumulations have a cash value.

July 23, 2017: Washington Requires Pregnancy Accommodations

In 2017, the Legislature passed a new law providing specific civil rights protections for pregnant employees. If a pregnant employee works for an employer with 15 employees or more, she has the right to the following accommodations:

1. Providing frequent, longer, or flexible restroom breaks;
2. Modifying a no food or drink policy;
3. Providing seating or allowing the employee to sit more frequently; and
4. Limiting lifting to 17 pounds or less.

 In addition, a pregnant employee may have rights to other workplace accommodation(s), as long as there is no significant difficulty or expense to the employer. These are:

5. Job restructuring, including modifying a work schedule, job reassignment, changing a work station, or providing equipment;
6. Providing a temporary transfer to a less strenuous or hazardous position;
7. Scheduling flexibility for prenatal visits;
8. Providing any further accommodations the employee may need.

Employers may not ask for written certification from a healthcare professional for the accommodations in 1–4 above. Employers mayrequest written certification from a health care professional regarding the need for the accommodations in 5–8 above, or for restrictions on lifting less than 17 pounds.

January 1, 2018: Washington Paid Sick Leave Law Takes Effect

How much paid sick leave do employees get? Covered non-exempt employees must accrue paid sick leave at the rate of one hour of paid sick leave for every 40 hours worked. NHE  currently offers .41 hours per 40 hour week- 1 hour per 40 will include accrual for overtime hours so we will have to make adjustments.

4. May employers place caps on the amount of paid sick leave employees can accrue or use? No caps on accrual or use are permitted. Employees must be allowed to accrue paid sick leave on all hours worked for the entire year. NHE sickleave has no cash value in Texas and unused goes away at year end. In Washington it will have cash value

Although employees must be allowed to carry-over up to 40 hours of unused paid sick leave to the next year, an employer may elect to cash out an employee’s accrued, unused paid sick leave balance which exceeds 40 hours.

8. What is the rate of pay for paid sick leave?  does not include overtime, tips, gratuities. If there is normal shift-differential, the differential rate is the “normal hourly compensation” and must be paid for paid sick leave.

9. May employers request verification for use of paid sick leave for absences less than three days? No. Verification may be requested for absences exceeding three days. For shorter absences, verification is not permitted, even in instances of perceived patterns of abuse. 

10. May employers withhold payment of paid sick leave if the leave was not for an authorized purpose? Yes. If an employer can demonstrate that an employee’s use of paid sick leave was for a purpose not authorized by the law, the employer may withhold payment for the use of paid sick leave. However, the employer may not subsequently deduct those hours from an employee’s accrued, unused paid sick leave bank.

January 1, 2018: Washington Minimum Wage Increases to $11.50 per Hour

NHE Military leave is the same as Federal Law-Washington is the same

NHE is also required to provide but not pay for:

• Family military leave;
• Family care leave;
• Pregnancy disability leave (covering employers with eight or more employees);
• Parental leave;
• Domestic violence leave;
• Jury duty leave; and
• Emergency responder leave (covering employers with 20 or more full-time equivalent employees). (volunteer firemen)

Terminated employees must be paid their final wages by the next regularly scheduled payday after separation from employment-In Texas we must be provided final pay within 5 days of involuntary termination.

Overtime : Same as Texas

Washington state law generally requires an employer to pay nonexempt employees overtime at one and one-half times the employee's regular rate of pay for all hours worked in excess of 40 hours in a workweek.- 

Meal Periods: same as Texas

Washington law requires that employees be given at least a 30-minute meal period and that they work no more than five hours without a meal period. The meal period should occur between the second and fifth hours of work. Meal periods may be unpaid if employees are completely relieved from duty and receive 30 minutes of uninterrupted meal time.

Garnishments - Same as Texas:

 A Washington employer may be required to make deductions from employees' wages in order to satisfy certain types of debt. These are considered involuntary deductions since employees do not elect them. Examples of involuntary deductions are child support withholding, creditor garnishments and tax levies