washington paid family and medical leave · © 2018. archbright. all rights reserved history...

© 2018. Archbright. All rights reserved

Washington Paid Family and Medical Leave

Kellis Borek

VP | Labor and Legal Services | General Counsel


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WELCOME


History

• 2017: WA passed 1st paid family leave law

• WA 2nd after CA


History

The 2007 law was never implemented…


Paid Family and Medical Leave (PFML)When Is It Effective?

Contributions can beginJanuary 1, 2019


Premium Contributions

State will assess premiums of

0.4% of wages

Employers pay about .147%

Employees pay about .253%


Paid Family and Medical Leave (PFML)When Is It Effective?

Employees will be able to use PFML on January 1, 2020


What Is the Benefit?

Percentage ofaverage weekly wageduring the two highest quarters of the qualifying period


The LawWho is Covered?

Any employer who employs at least one person in the State of Washington


In the State of Washington?

WA

OR ID


Who Is Eligible for PFML?

Employees who have worked at least 820 hours during the “qualifying period”


How Do Employees Receive the Benefit?

• Apply to ESD for the benefit

• ESD pays the benefit directly to employees on a bi-weekly basis


What Are the Reasons for Using PFML?

Similar to reasons covered by the

Family and Medical Leave Act


How Much PFML Is Available?

12 weeks

+ 2 weeks

+ 4 weeks

+ Washington Paid Sick Leave

PFML runs concurrently with federal FMLA


When Does PFML Start?

• For bonding with a child, pay starts on the first day

• For all other covered reasons, pay starts after a seven calendar day waiting period


When Does PFML End?

• For bonding with child, 12 months after birth or placement

• For all other covered reasons, 12 months after the employee’s application


Intermittent PFML

Leave may be taken intermittently in a minimum of 8 hour increments


Does the Employer Have Any Say in This?

• Employers receive notice when employees apply for the paid leave benefit

• An Employer may contest the application


Job restoration follows FMLA requirements


Collective Bargaining

Applicability

Parties to an existing Collective Bargaining Agreement in effect before October 19, 2017 do not need to reopen the CBA or apply for PFML . . .

Until the next CBA


Voluntary Plans / Opting Out

✓Pay $250 to ESD to approve comparable plan

✓Benefits must be equivalent or better than the law


Small Business Assistance

Employers with fewer than 150 employees may

receive grants for assistance with financial impacts


Local Laws

A city, county, or other political subdivision may not create its own PFML program


Interaction with Current Laws

✓Workers Compensation

✓Paid Sick Leave

✓ Family Medical Leave Act

✓Pregnancy Disability


Employer Records

Employer must keep any records related to an employee’s eligibility for PFML for six years


No Retaliation


Employer Penalties

✓Back premiums

✓ Injunctive relief

✓Reporting fines

✓Back pay or benefits

✓Cost of providing care

Willful violation = double damages


• Update Paid Time Off Policy

• Reduce annual paid sick leave carryover to the 40 hours that is legally required

• Project what employees will receive on PFML

• Consider whether to apply for a voluntary plan waiver


Thank You!

Presenter Information:

Kellis Borek | Archbright

[email protected] | 206.664.7278

washington paid family and medical leave · © 2018. archbright. all rights reserved history...

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