Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-128 - Minimum wages › PAID SICK LEAVE › Section 296-128-600 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Absences
				exceeding three days" means absences exceeding three consecutive days an
				employee is required to work. For example, assume an employee is required to
				work on Mondays, Wednesdays, and Fridays, and then the employee uses paid sick
				leave for any portion of those three work days in a row. If the employee uses
				paid sick leave again on the following Monday, the employee would have absences
				exceeding three days.
(2)
				"Commencement of his or her employment" as provided in
				RCW
				49.46.210 (1)(d), means no
				later than the beginning of the first day on which the employee is authorized
				or required by the employer to be on duty on the employer's premises or at a
				prescribed workplace. "Commencement of their employment" has the same
				meaning.
(3) "Construction worker"
				is any nonexempt employee covered under the 2022 North American Industry
				Classification System (NAICS) industry code 23, except for those employees who
				perform only work described in NAICS 2361, residential building construction.
				This includes employees who work for an employer who performs
				construction-related work as described in NAICS 23, but are not directly
				engaged in the construction work itself, such as nonexempt administrative
				staff.
(4) "Construction worker
				covered by a collective bargaining agreement" as provided in
				RCW
				49.46.180, means a nonexempt employee covered
				by a collective bargaining agreement, provided that the union signatory to the
				collective bargaining agreement is an approved referral union program
				authorized under
				RCW
				50.20.010 and in compliance with WAC
				192-210-110, the collective
				bargaining agreement establishes equivalent sick leave provisions, as provided
				in RCW
				49.46.180(2), and the
				requirements of
				RCW
				49.46.200 through
				49.46.830 are expressly waived in
				the collective bargaining agreement in clear and unambiguous terms or in an
				addendum to an existing agreement including an agreement that is open for
				negotiation provided the sick leave portions were previously ratified by the
				membership. This does not include employees who are not directly engaged in
				construction work itself, such as nonexempt administrative staff.
(5) "Department" means the department of
				labor and industries.
(6)
				"Director" means the director of the department of labor and industries, or the
				director's authorized representative.
(7) "Employee" has the same meaning as
				RCW
				49.46.010(3). An employee
				includes a construction worker or construction worker covered by a collective
				bargaining agreement unless a more specific provision applies.
(8) "Employer" has the same meaning as
				RCW
				49.46.010(4).
(9) "Frontloading" means providing an
				employee with paid sick leave before it has accrued at the rate required by
				RCW
				49.46.210 (1)(a).
(10) "Health-related reason," as provided in
				RCW
				49.46.210 (1)(b)(iii), means
				a serious public health concern that could result in bodily injury or exposure
				to an infectious agent, biological toxin, or hazardous material. Health-related
				reason does not include closures for inclement weather.
(11) "Hours worked" shall be interpreted in
				the same manner as WAC
				296-126-002(8).
(12) "Normal hourly compensation" means the
				hourly rate that an employee would have earned for the time during which the
				employee used paid sick leave. For employees who use paid sick leave for hours
				that would have been overtime hours if worked, employers are not required to
				apply overtime standards to an employee's normal hourly compensation. Normal
				hourly compensation does not include tips, gratuities, service charges, holiday
				pay, or other premium rates, unless the employer or a collective bargaining
				agreement allow for such considerations. However, where an employee's normal
				hourly compensation is a differential rate, meaning a different rate paid for
				the same work performed under differing conditions (e.g., a night shift), the
				differential rate is not a premium rate.
(13) "Regular and normal wage" has the same
				meaning as normal hourly compensation.
(14) "Separation" and "separates from
				employment" mean the end of the last day an employee is authorized or required
				by the employer to be on duty on the employer's premises or at a prescribed
				workplace.
(15) "Verification"
				means evidence that establishes or confirms that an employee's use of paid sick
				leave is for an authorized purpose under
				RCW
				49.46.210 (1)(b) and
				(c).
(16) "Workweek" means a fixed and regularly
				recurring period of 168 hours, or seven consecutive 24 hour periods. It may
				begin on any day of the week and any hour of the day, and need not coincide
				with a calendar week.