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Summary of difference between federal and state regulations
The Fair Labor Standards Act does not require payment for time not worked. This type of benefit is generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Jury duty
Washington law doesn’t require private employers to pay employees for jury duty.
Washington law requires state employers to pay employees for jury duty and employees can keep any jury compensation paid to them.
Voting
Washington formerly allowed employees two hours off to vote, but that statute was repealed in 2013.
Domestic violence leave
All employers, regardless of size, are subject to the provisions of this law. Time off may be paid or unpaid, and there are no eligibility criteria.
Employers must allow employees who are victims of domestic violence, sexual assault, or stalking to take job-protected, reasonable or intermittent leave from work to take care of legal or law enforcement needs or to get medical treatment, social services assistance, or mental health counseling. Family members of a victim may also take reasonable leave to help the victim obtain treatment or seek help. Family members include children, spouses, parents, parents-in-law, grandparents, or a person an employee is dating.
Employees may choose to use sick leave and other paid time off, comp time, or unpaid leave. Employees are to provide advance notice of leave, when possible.
Employers also need to consider providing safety accommodations, such as transfer, reassignment, schedule modifications, etc., unless they can demonstrate that the accommodation would impose an undue hardship on the operation of the business.
Employers may require verification from employees. This could be a police report, a court order, or documentation from a health care provider, advocate, clergy, or attorney. It could also be an employee's written statement that the employee or a family member is a victim and needs help.
Military family leave
Employers must allow up to 15 days of unpaid leave for employees whose spouses are called to active military duty or when a military spouse is on leave from military duty.
Employees are those who work an average or 20 hours or more per week. The time off must be granted if the military duty is during a period of military conflict.
The employee must provide the employer with notice of his or her intention to take leave. This notice must be provided within five business days of receiving official notice of an impending call or order to active duty or of a leave from deployment.
Employees who take military family leave are entitled to be restored to their positions. Employees are also entitled to have benefits continued during leave. Employees may elect to substitute any accrued paid leave.
State employee leave sharing
Washington state allows state employees to come to the aid of fellow employees to take leave for a variety of reasons, including cases when an employee (or the employee’s relative) suffers from a sever injury or mental condition, or when the employee has been called to uniformed service.
The provisions of the leave sharing program also include cases of domestic violence, stalking, or sexual assault.
Emergency responder leave
Employers are not required grant a specific amount of leave to emergency responder volunteers. However, state law prohibits employers from discharging or disciplining a volunteer firefighter or reserve officer because of leave taken related to an alarm of fire or an emergency call. This protection extends to Civil Air Patrol members who take leave related to an emergency service operation.
State
Contacts
Jury duty
Seattle Office
Domestic Violence Leave
Department of Labor & Industries
Military family leave
Department of Labor & Industries
State employee leave sharing
None.
Regulations
Jury duty
Washington Revised Code §2.36.165
Washington Administrative Code ch. 357-31
Domestic violence leave
Washington Revised Code Chapter 49.76
Military family leave
Washington Revised Code Chapter 49.77
State employee leave sharing
Washington Revised Code, Title 41, Chapter 41.04, Sections 41.04.650, .655, .660
Emergency responder leave
Washington Revised Code Chapter 49.12, Section 49.12.460
Federal
Contacts
None.
Statutes/Regulations
None.