Important Information Regarding I-1433

Starting January 1, 2018, Initiative 1433 (I-1433), which was approved by Washington voters in fall 2016:

  • Requires employers to provide paid sick leave to most employees beginning January 1, 2018.
  • Increases the minimum wage over the next several years.
  • Protects employees from retaliation when exercising their rights under the Minimum Wage Requirements and Labor Standards Act.

A brief Q & A and summary of the rules are included below.

FAQs

Q: What is I-1433?

A: Voter passed initiative that provides employees with 1 hour of paid sick leave (PSL) for every 40 hours worked.

Q: When does it take effect?

A: January 1, 2018.

Q: Who is eligible to accrue PSL under this new policy?

A: Non-student hourly employees
Student employees
Student employees using work-study
Non-student employees

Q: Who is not eligible to accrue PSL under this new policy?

A: Faculty, AP and Civil Service employees on appointments that already earn sick leave
Faculty time card appointments
Affiliate, adjunct and visiting scholar appointments
Graduate assistants, Professional students, and ASWSU appointments

Q: When can Employees use paid sick leave?

A: To care for themselves or their family members; When the employees’ workplace or their child’s school or place of care has been closed by a public official for any health-related reason; For absences that qualify for leave under the state’s Domestic Violence Leave Act.

Q: What is WSU doing to implement this new policy taking effect on January 1, 2018?

A: WSU is developing integration through the university Positive Pay system to calculate hours worked each pay cycle across all appointments to determine PSL accruals. The daily activity report will be modified to include a field to record use of PSL.

Q: Will training be provided?

A: Training for hiring departments including where PSL balances can be viewed, how to process PSL and policies and regulations regarding PSL will be offered by HRS and Payroll Services beginning in January 2018.

Summary of Rules

For purposes of Paid Sick Leave rules, a calendar year will be used, January 1 – December 31.

One hour of PSL is accrued for every 40 hours worked. Hours worked includes overtime hours. Hours worked do not include any PSL hours used.

  • Example: If an eligible employee works 40 hours over 6 weeks, they accrue 1 hour of PSL. If they have worked 80 hours, they accrue 2 hours of PSL.

PSL is calculated each pay cycle and can be used beginning the 1st day of the month following accrual.

  • Example: If an employee reaches 40 hours worked on the 17th of the month, the paid sick leave can be used on the 1st of the following month.

For employees with more than one appointment, PSL is paid at the hourly rate the employee would have earned for the shift they were scheduled to work when they used paid sick leave.

The cost of PSL is paid by the employing department at the time the sick leave is used.  For employees with more than one appointment, the PSL is charged to the employing department for the shift they were scheduled to work when the PSL was used.

For students receiving work-study, hours worked are counted towards the accrual of PSL.  Payment of PSL cannot be charged to work-study funds. The PSL will be charged to the department budget associated with the appointment.

When an employee separates they will not receive payment for any unused PSL.

When an employee is rehired within 12 months of separation, all previously accrued but unused PSL will be reinstated and available for use.

Unused paid sick leave of 40 hours or less must be carried over to the following calendar year. Any accrued unused PSL over 40 hours as of December 31 each year will be lost.

For additional information, see the WA State Department of Labor & Industries’ Impacts of Initiative 1433 factsheet.

Washington State University