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Many employers, attorneys, business groups, and individuals have had questions about the City
of Spokanes earned sick and safe leave ordinance. What follows are some answers to the most
commonly asked questions.
7. If an employee does not use all of her paid leave hours in a year, can she roll those
unused hours over into the next year?
Yes if an employee does not use all her hours of paid leave in a given year, she can roll over
the unused hours (up to the applicable limit of 24 or 40 hours, depending on the employers size)
into the next year. Employers can also allow employees to donate unused leave hours to other
employees who may need more paid leave for emergencies or chronic medical conditions.
8. How will this law be enforced?
Nationwide, there are a variety of enforcement approaches for sick and safe leave. In Spokane,
the City Council and the City Administration will work together to agree on an enforcement
mechanism by no later than October 1, 2016. Discussions are underway and will include
outreach and input from stakeholder groups in the spring of 2016. At the same time the
enforcement provisions are added to the ordinance, other small clarifying amendments will also
be added.
9. Will employees be able to cash out unused leave time?
The law does not require employers to cash out unused leave time for employees upon
separation from employment. However, employers can always institute more generous policies,
such as allowing cash-out of leave time, allowing a greater accrual rates, allowing employees to
bank more hours, etc.
10. If an employer offers all-purpose paid time off (PTO), does the employer also
have to provide sick and safe leave in addition to PTO?
No, if the employer allows the use of PTO for all the same reasons as earned sick and safe leave,
and in the same amount, the use of PTO also qualifies as earned sick and safe leave. The
ordinance is designed to ensure that employers have wide latitude in creating compliant leave
policies. Many employers we have heard from either already offer PTO, and many already offer
leave amounts in excess of Spokanes statutory minimum. PTO can be a great, flexible employee
benefit; while the ordinance encourages all-purpose leave, offering that type of leave does not
require an employer to add sick and safe leave on top of PTO, if PTO can be used for the same
purposes as the earned sick and safe leave in the ordinance.