Sample for Employers Paid Sick and Safe Time (PSST) Model Policy

Office of Labor Standards - 04/2021

Sample for Employers

Paid Sick and Safe Time (PSST) Model Policy

Note to employers: The Seattle Office of Labor Standards (OLS) created this model policy as an example

of the information that should be in a complete PSST policy. Seattle Municipal Code Chapter 14.16.045(C)

requires employers to provide each employee with written notice of the employer’s policy and procedure

for meeting the law’s requirements. This policy also satisfies the employer’s obligation to provide a sick

leave policy under Washington State’s paid sick leave law, RCW 49.46.200-.210. Employers may edit and

personalize this policy according to their practices and size, so long as it meets ordinance requirements.

Section I - Purpose of the PSST Ordinance; about PSST

Seattle’s Paid Sick and Safe Time (PSST) Ordinance, SMC 14.16 requires employers to provide their

employees working in Seattle with paid leave for work absences due to a physical or mental health

condition or a critical safety issue. Employees have a right to use paid sick and safe time for:

• Sick Time: An employee’s personal illness, injury or health condition or medical appointment, or to

take care of a family member with an illness, injury, or medical appointment (Sick Time);

• Safe Time: For reasons related to domestic violence, sexual assault, or stalking for the employee or a

family or household member;

• Safe Time: Closure of the employee’s family member’s school/place of care;

• Safe Time: Closure of the employee’s place of business by order of a public official for health

reasons; and

• Safe Time: Reduction in hours or closure of the employee’s place of business for health or safety

related reasons (employers with 250 or more full-time equivalent employees only).

For paid sick and for paid safe time, “family member” includes the following individuals, without regard

to age, a spouse, registered domestic partner, child, stepchild, foster child, sibling, parent, grandparent,

grandchild, and parent-in-law. Please see SMC 14.16.010 for the full list.

For paid safe time uses related to domestic violence, sexual assault, or stalking, “household member”

includes child, stepchild, foster child, sibling, parent, stepparents, stepchildren, grandparents,

grandchildren, current and former spouses and domestic partners, persons who have a child in

common, adult persons related by blood or marriage, adult persons who have resided or are residing

together, and persons 16 years of age or older who are or were residing together and who are or were

in a dating relationship. Please see SMC 14.16.010 for the full list.

Section II - Eligible employees

Employers are required to provide paid sick and safe time for all employees working in Seattle, including

full time, part time, temporary, and seasonal employees, regardless of overtime exempt status.

Office of Labor Standards - 04/2021

Section III - Tier size; rate of accrual, use and carry over;

employer’s choice of year

The amount of PSST hours that employees accrue depends on how many full-time equivalent employees

work for the employer worldwide. This employer is a [insert Tier size] employer, with the following

accrual and carry over [insert accrual and carry over language].

PSST hours are accrued based on a 12-

month year.

This employer’s year begins [insert date] and ends [insert date]. There is no cap on accrual

or use of PSST hours; the only cap is on carry over of unused PSST hours to the following year.

Optional Paid Time Off (PTO Policy) for combined or universal leave: Only include PTO policy language if

you allow employees to use vacation/PTO for PSST purposes. If the employer provides different plans

based on employee classification, describe the specifics of each plan.

Employees can use accrued Paid Time Off (PTO), as well as paid vacation leave, for absences covered by

Seattle’s PSST ordinance, SMC 14.16 (as described in Section I). This employer is a [insert Tier size]

employer, with the following accrual and carry over [insert accrual and carry over language].

PTO

hours are accrued based on a 12-month year. This employer’s year begins [insert date] and ends [insert

date]. There is no cap on accrual or use of PTO hours; the only cap is on carry over of unused PTO hours

to the following year. Requests to use PTO for PSST purposes are subject to the reasonable notice and

verification provisions in Section VI and VII. Requests to use PTO for non-PSST purposes are subject to

the following reasonable notice and/or verification procedures [insert reasonable notice or verification

requirements, if imposed]. If an employee chooses to use all the employee’s accrued PTO for non-PSST

purposes, the employer is under no obligation to provide additional PTO.

Section IV – Method of notification of PSST balance

Each time wages are paid, employers are required to notify employees of (1) total available paid sick and

safe time; (2) paid sick and safe time accrued since the last notification; and (3) paid sick and safe time

used since the last notification. This employer [insert timing and method of notification, e.g.

information from the employee’s pay stub].

More generous policy: An employer may choose to offer more generous rates of accrual and/or carry over than

the minimum amounts required by the PSST Ordinance.

Tier sizes

• Tier One employers (at least 1 employee and up to 49 FTEs): Employees accrue 1 hour of PSST for every

40 hours worked in Seattle. Employees can carry over up to 40 hours of unused PSST to the following

year.

• Tier Two employers (50 to 249 FTEs): Employees accrue 1 hour of PSST for every 40 hours worked in

Seattle. Employees can carry over up to 56 hours of unused PSST to the following year.

• Tier Three employer (250 or more FTEs): Employees accrue 1 hour of PSST for every 30 hours worked in

Seattle. Employees can carry over up to 72 hours of unused PSST to the following year.

• Tier Three employer (250 or more FTEs) with PTO: Employees accrue 1 hour of PSST for every 30 hours

worked in Seattle. Employees can carry over up to 108 hours of unused PSST to the following year.

Employer’s choice of year: The employer must notify employees if it is using a period other than the calendar

year for PSST accrual and carry over (e.g. tax year, fiscal year, contract year, or the year running from an

employee’s hire date).

Tier 3 employers must permit employees to carry over up to 108 hours of unused paid time off (PTO) to the

following year.

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Section V - Using PSST Hours and Rate of Pay

An employer may impose a waiting period of up to 90 days after an employee commences employment

before that employee can use any accrued PSST hours. This employer [does not require a waiting

period or imposes a waiting period of XXX days before a new employee can use any accrued PSST

hours.] Employees may use PSST in increments of [insert time increment].

• Hourly, non-overtime exempt employees: Employers must permit use of PSST in whichever is

the smaller amount – either hourly increments or the smallest increment in which time is

tracked for compensation purposes. (e.g. if the employer tracks time in one-minute increments

for compensation, the employer must permit use of PSST in one-minute increments).

• Overtime exempt employees: Employers may make deductions of PSST in accordance with

state and federal law.

When using PSST, employees will be paid their normal hourly compensation (i.e. the rate that they

would have earned if they had shown up for work). Employees are also entitled to lost commissions

based on a 90-day lookback period.

Section VI - Reasonable notice requirements for requesting PSST

To request PSST, an employee must follow the employer’s notice procedure for absences, including

marking the timesheet accordingly. The employee does not have to ask specifically for PSST or disclose

the nature of an illness or the specific reason related to a critical safety issue, but the employee must

give the employer enough information to understand that the absence is for a PSST-qualifying reason.

The employer will maintain the confidentiality of information provided by the employee or others

regarding an employee’s request for PSST.

• If the employee’s need for PSST is foreseeable (e.g. doctor appointment), the employee must

make a written request to [insert point of contact] at least 10 days, or as soon as practicable,

before the date of use.

• If the need for PSST is not foreseeable (e.g. unexpected illness), the employee must follow the

call-out procedure [insert procedure, including point of contact, method of communication]. If

circumstances prevent an employee from following the call-out procedure, an employee must

provide notice as soon as practicable.

• If the reason for the absence involves domestic violence, sexual assault, or stalking, the

employee must provide oral or written notice no later than the end of the first day of using

PSST.

Section VII – Verification requests from employer

Note to employers: Only include a section on verification if it is part of your policy or practice. Verification

requirements are allowed by the ordinance, but not required.

Also, employers that do not offer medical benefits to employees must pay half the cost of obtaining the

verification.

If an employee has used PSST for an authorized purpose for more than three (3) consecutive days during

which the employee is required to work, the employee must provide verification that establishes or

confirms that the use of PSST is for an authorized purpose.

Office of Labor Standards - 04/2021

If the employer requests documentation that accrued PSST hours are being used for a reason that is

covered by the law, the employee is not required to disclose the nature of the illness or other specific

reason for the absence. The employer will maintain the confidentiality of information provided by the

employee or others in support of an employee’s request for PSST.

• For sick time acceptable verification may include:

o A health care provider’s signed statement indicating that the use of paid sick leave is for

care of the employee or their family member for an authorized purpose; or

o [insert other types of documentation demonstrating that the employee’s use of paid

sick leave is for care of the employee or their family member for an authorized

purpose].

• For safe time related to domestic violence, sexual assault, or stalking: The supporting

documentation must indicate that the employee or a family or household member is

experiencing domestic violence, sexual assault, or stalking, and that the leave was taken for a

purpose covered by the law. This could include

o A written statement by the employee;

o A police report;

o A court order;

o Evidence from a court or prosecuting attorney;

o Documentation from any of the following persons from whom an employee or an

employee’s family or household member sought assistance in addressing the domestic

violence situation indicating that the employee or the employee’s family or household

member is a survivor of domestic violence, sexual assault, or stalking:

▪ An advocate;

▪ An attorney;

▪ A member of the clergy; or

▪ A medical or other professional.

o [insert other types of documentation that the employee or the employee’s family

member is experiencing domestic violence, sexual assault, or stalking].

• For safe time related to closure of a family member’s school or place of care: the employee may

provide the notice of closure the employee received.

Note to employers: the “unreasonable burden” procedures described below are required by WAC 296-

128-660 for employees subject to the Washington Minimum Wage Act, RCW 49.46.

If an employee believes that obtaining verification for use of paid sick or safe leave would result in an

unreasonable burden or expense on the employee, the employee must contact [insert point of contact]

orally or in writing. The employee must indicate that the absence is for an authorized purpose, and

explain why verification would result in an unreasonable burden or expense on the employee.

Within 10 calendar days of receiving the employee’s request, [insert point of contact] will work with the

employee to identify an alternative verification method that does not result in an unreasonable burden

or expense. Options may include, but are not limited to:

• Accepting the previously submitted oral or written statement;

• Company-provided transportation; or

• Sharing more of the cost of getting a signed statement from a health care provider.

Office of Labor Standards - 04/2021

The employer may choose not to pay an employee for paid sick and safe leave taken for such absences

until verification is provided. An employee has the right to contact [insert point of contact] if the

employee believes the proposed alternative still results in an unreasonable burden or expense. If an

employee is not satisfied with the employer’s alternatives, the employee may contact the Seattle Office

of Labor Standards or the Washington State Department of Labor & Industries.

Section VIII – Frontloading

Note to employers: Only include a section on frontloading if it is part of your policy or practice.

The employer will provide each employee with notice of the amount of PSST hours that will be placed

into the employee’s PSST account and the specific date. The notice will include the calculations used to

determine the frontloaded hours, the PSST accrual year, and the employee’s eligibility details.

Unused frontloaded PSST balances must be carried over to the following year commensurate with the

carry over requirements of the employer’s tier size.

If an employee’s frontloaded PSST is less than the amount that they were entitled to accrue, the

employer will make any additional amounts of PSST available for use by the employee as soon as

practicable, but no later than 30 days after the discrepancy is identified. If an employee uses more PSST

than the employee would have otherwise accrued absent frontloading, the employer will not seek

reimbursement from the employee for such PSST.

Section IX – Shared Leave Program

Note to employers: Only include a section on shared leave programs if it is part of your policy or practice.

The shared PSST program provides employees the opportunity to receive and use donated PSST, and to

donate their PSST to other employees. Employees must apply to receive/donate shared PSST through

[insert point of contact]. An employee is eligible to apply for and use shared PSST [immediately / after

X days after the start of employment].

To participate in the shared PSST program, the employee must [insert employer procedure (e.g.

complete the Employee Request to Receive Shared Paid Sick and Safe Leave form or complete the

Employee Request to Donate Paid Sick and Safe Leave form)] and provide the form to [insert point of

contact].

Donated PSST will be recorded as if the donating employee had used the paid leave, and will reduce the

donating employee’s available balance of PSST hours.

Section X - Separation from employment

If an employee separates from employment and the employer rehires the employee within twelve

months, the employer must reinstate the employee’s PSST balance as of the date of separation.

The Washington State Department of Labor & Industries only investigates claims by employees covered by the

Washington Minimum Wage Act, RCW 49.46.

Office of Labor Standards - 04/2021

Option to insert cash-out provision: The PSST ordinance neither requires nor prohibits cash-out of

unused PSST hours. An employer may choose to offer cash-out of unused PSST balances in excess of the

carry over requirement at the end of the employer’s designated 12-month period for accrual and carry

over, or upon separation from employment. If an employee chooses not to accept a cash-out offer, any

unused PSST hours remain available to the employee if the employee returns to work with that

employer within 12 months of separation.

Section XI - Retaliation prohibited

Any discrimination or retaliation against an employee for good faith assertion of PSST rights is against

the law. An employer may not require, as a condition of an employee taking PSST, that the employee

search for or find a replacement worker to cover the hours during which the employee is on paid sick or

safe leave. An employer may not apply an absence control policy to PSST-covered absences.

Section XII – PSST questions

Employees with questions about PSST benefits may contact [Insert employer’s name and contact

information].

The Seattle Office of Labor Standards (OLS) is responsible for enforcing the Paid Sick and Safe Time

ordinance and ensuring that employees are not retaliated against for using PSST. An employee who

experiences a violation of PSST rights may file a complaint with OLS or file a lawsuit. OLS also provides

free technical assistance, brochures, posters, and other resources. For more information from OLS, call

206-256-5297 or visit http://www.seattle.gov/laborstandards/ordinances/paid-sick-and-safe-time.