By / Sarah Capelli
With the first of the new year reporting and organizing deadlines completed, it’s a good time to consider updating your employee handbook. While it’s tempting to overlook regular reviews, employees often go to the handbook first with questions about time off and unexpected absences. Keeping up with key legislative changes in Washington that affect these kinds of policies is important to both (1) inform employees about their rights and (2) to protect the company from needless complaints to local and state agencies tasked with overseeing employer compliance with the ever-growing list of employment protections in Washington state. The following handbook policies deserve special attention right now.
Washington State Paid Family Medical Leave (PFML)
Beginning July 2021, Washington expanded its paid family medical leave entitlement to include some household members. Specifically, Washington now defines “family member” to include “any individual who regularly resides in the employee’s home or where the relationship creates an expectation that the employee care for the person, and that individual depends on the employee for care.” RCW 50A.05.010(11). Perhaps realizing the potential burden on employers, the legislature limited coverage so it does “not include an individual who simply resides in the same home with no expectation that the employee care for the individual.” Because the state administers PFML, the state presumably determines if an employee’s household member meets the expanded definition. Thankfully, this expanded definition applies only to PFML and not any other type of leave (for now at least), so employers should be careful in revising their policy to avoid confusing employees.
Washington Paid Sick and Safe Leave
No legislative changes have recently passed regarding this law, but employers using the state’s sample policy language may benefit from streamlining their current policy. The state sample policy is long and can be confusing. Your experience administering the policy can help you identify the key elements you need, and a legal review can ensure that you maintained any elements required by state law to be included in a written policy.
Work From Home
Some workplaces plan to continue work-from-home arrangements indefinitely. A carefully worded work-from-home policy is key to setting employee expectations, monitoring employee performance, and protecting the employer from unnecessary workers’ compensation claims.
New Legal State Holiday
The Washington legislature officially recognized June 19 as a state holiday in the 2021 regular legislative session, stating: “The nineteenth day of June, recognized as Juneteenth, a day of remembrance for the day the African slaves learned of their freedom.” RCW 1.16.050(1)(f). Employer are not required to give employees time off for recognized state or federal holidays, but it has become an established practice in many workplaces. For employers who regularly grant time off on state holidays, it’s a good time to add June 19 to their list of recognized holidays. We are ready to assist you in your handbook review at Employer Solutions Law. A typical handbook review for an existing 30-40 page handbook takes approximately four to five hours of attorney time, which varies depending on handbook length and missing content. Making this investment now will help you avoid or minimize disputes, distrust, and disruption in the future. ■
Sarah Capelli has worked over 15 years in employment law representing business owners and managers. She has defended employers against charges of discrimination, wage and hour violations, wrongful termination, and more, but now devotes her practice to general advice. When not working, Sarah enjoys spending time with her husband, two children, and their family dog. They particularly love exploring the great outdoors.
