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Washington Paid Sick Leave Construction Worker Definition Clarified by Legislature – Part 2

08 May

Update Applicable to:Effective date
All Washington State employers who are classified with NAICS Code 23January 1, 2025

What happened?

On March 28, 2024, Governor Inslee signed legislation that the legislature passed aimed at making a statutory update on Washington Paid Sick Leave (WPSL), creating a new section, and changing some definitions to expand the coverage of the leave.

What are the details?

ESSB 5793 allows workers to use paid sick leave when their child’s school or place of care is closed after the declaration of an emergency by a local or state government or agency, or by the federal government. It also modifies the definition of family member to expand its applicability to additional family members.

Key bites

  • It is now mandatory for employers to permit employees to utilize their paid sick leave if the school or care facility of the employee’s child is shut down following an emergency declaration by local, state, or federal government bodies.
  • The Legislature amended the definitions of “family member,” “child,” “grandchild,” “grandparent,” and “spouse.
    • “Family member” now includes any individual who typically lives in the same home as the employee or someone who has a relationship with the employee that implies the employee is expected to provide care (expectation of care), and that person relies on the employee for such care.
    • “Family member” does not include an individual who simply resides in the same home with no expectation of care from the employee or that simply resides in the same home.
    • “Child” now includes a child’s spouse.
  • This spring, L&I will conduct expedited rulemaking to update provisions per the statutory changes.

Business Considerations

  • Employers should review and update the respective sick leave policies.
  • Employers should monitor additional guidance and rulemaking from the Washington Department of Labor & Industries.

Source References


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