In order to be transparent and seek input from the diverse business and labor communities, L&I is seeking stakeholder feedback on draft administrative policy, ES.B.1, Paid Sick Leave- Frequently Asked Questions.
We are asking the public to review the draft of the administrative policy and provide written feedback by October 18, 2024.
Feedback can be submitted directly to this page via the “Submit Comments” tab.
Feedback can also be submitted via the ESRules@Lni.wa.gov email box.
L&I will host a virtual feedback session at 11 a.m. on Oct. 10. You can attend the session by computer or by calling 253-215-8782. The meeting ID is 652 752 0957.
In order to be transparent and seek input from the diverse business and labor communities, L&I is seeking stakeholder feedback on draft administrative policy, ES.B.1, Paid Sick Leave- Frequently Asked Questions.
We are asking the public to review the draft of the administrative policy and provide written feedback by October 18, 2024.
Feedback can be submitted directly to this page via the “Submit Comments” tab.
Feedback can also be submitted via the ESRules@Lni.wa.gov email box.
L&I will host a virtual feedback session at 11 a.m. on Oct. 10. You can attend the session by computer or by calling 253-215-8782. The meeting ID is 652 752 0957.
To submit your feedback directly to this page, please enter your comments in the text box below.
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In regard to this section: C. Are employees entitled to use paid sick leave during time periods when the employee is not required to work? No, an employee must be required to work to be entitled to the use of their accrued, unused paid sick leave. An employee is “required to work” when there is a reasonable expectation of attendance for a work shift.
EXAMPLE C-2: A school district has a list of 10 substitute teachers to call every time a teacher becomes ill. Such substitutes are free to decline an offer to substitute when called without repercussion, and the employer is free to move down the list and call other available substitutes to fill an absent teacher’s shift. If a substitute declines the assignment when first called, then such substitute is not “required” to work, as the substitute has not created a reasonable expectation of attendance. If, however, the substitute accepts the position (for whatever term of time), creating a reasonable expectation of attendance, then the substitute would be “required” to work and is therefore entitled to the use of accrued, unused paid sick leave should the need for the use of paid sick leave later arise after the substitute accepts the teaching assignment.
It is unreasonable to not declare a term of time that one must be scheduled to work in an assignment before using paid sick leave. School districts are under limited budget constraints and have to pay 3 people to do one assignment when a substitute uses paid sick leave (the regular classroom teacher, the sub on paid sick leave, and the actual sub that works in the job because the classroom cannot be unattended). We have substitutes accepting assignments the day before or morning of, with no intention of working in the assignment, just to use a day of paid sick leave, causing significant effects to our budgets. We feel the Department should set a reasonable term of time in which one must be scheduled for an assignment (i.e. 5-10 days) to avoid this situation that is occurring.
Also, our substitutes can work as much or as little as they choose without repercussion; it is the nature of the position to be on call and work when one feels inclined. There is no reasonable expectation for an on-call substitute to work on any given day in a single day assignment, as we can fill the assignment with the next willing substitute. For substitutes, we feel a "reasonable expectation" should be defined as an assignment lasting on a more long-term basis. For example, when the same substitute is filling in for a teacher out on maternity leave for several weeks or months.
In regard to this section:
C. Are employees entitled to use paid sick leave during time periods when the employee
is not required to work?
No, an employee must be required to work to be entitled to the use of their accrued, unused
paid sick leave. An employee is “required to work” when there is a reasonable expectation of
attendance for a work shift.
EXAMPLE C-2: A school district has a list of 10 substitute teachers to call every time a
teacher becomes ill. Such substitutes are free to decline an offer to substitute when
called without repercussion, and the employer is free to move down the list and call
other available substitutes to fill an absent teacher’s shift. If a substitute declines the
assignment when first called, then such substitute is not “required” to work, as the
substitute has not created a reasonable expectation of attendance. If, however, the
substitute accepts the position (for whatever term of time), creating a reasonable
expectation of attendance, then the substitute would be “required” to work and is
therefore entitled to the use of accrued, unused paid sick leave should the need for the
use of paid sick leave later arise after the substitute accepts the teaching assignment.
It is unreasonable to not declare a term of time that one must be scheduled to work in an assignment before using paid sick leave. School districts are under limited budget constraints and have to pay 3 people to do one assignment when a substitute uses paid sick leave (the regular classroom teacher, the sub on paid sick leave, and the actual sub that works in the job because the classroom cannot be unattended). We have substitutes accepting assignments the day before or morning of, with no intention of working in the assignment, just to use a day of paid sick leave, causing significant effects to our budgets. We feel the Department should set a reasonable term of time in which one must be scheduled for an assignment (i.e. 5-10 days) to avoid this situation that is occurring.
Also, our substitutes can work as much or as little as they choose without repercussion; it is the nature of the position to be on call and work when one feels inclined. There is no reasonable expectation for an on-call substitute to work on any given day in a single day assignment, as we can fill the assignment with the next willing substitute. For substitutes, we feel a "reasonable expectation" should be defined as an assignment lasting on a more long-term basis. For example, when the same substitute is filling in for a teacher out on maternity leave for several weeks or months.