Purpose
This bulletin is intended to inform hospitals and health systems about three recently passed laws that will have an impact on employment policies and procedures for businesses in Washington State. These laws include SB 5778 related to employer speech, SB 5793 related to paid sick leave, and HB 1905 related to protected classes.
As a reminder, WSHA cannot and does not provide legal advice. This bulletin is intended for informational purposes only.
Applicability/Scope
Each of these laws are applicable broadly to employers in Washington state, including hospitals and health systems, with limited exceptions.
SB 5778 – Protecting the rights of workers to refrain from attending meetings or listening to their employer’s speech on political or religious matters
Employers are now prohibited from retaliating against employees who refuse to attend meetings or view communications where the primary purpose is to communicate the employer’s position on political or religious issues. These communications include electronic versions. An employer is also prohibited from disciplining, discharging, threatening discharge or discipline, penalization or other adverse actions against an employee because they file a good-faith complaint of a violation or suspected violation of the law.
An employee is also permitted to pursue civil action within 90 days of the potential violation. If the employee is the prevailing party, the court may award injunctive relief, reinstatement, back pay, reestablishment of employee benefits, and any other appropriate relief considered necessary by the court.
Employers are also required to post a notice of employee rights in this law where other employment-related notices are posted. That location must be in an area where employees frequently visit.
This law includes some exceptions. It does not apply to employers that are classified as religious entities and exempt from Title VII of the Civil Rights Act. However, the exemption only applies for religious speech to employees that is related to performing work connected to activities taken by the religious entity. The law also does not prohibit an employer:
- from communicating information it is otherwise required by law to communicate;
- from offering voluntary meetings or communications related to religious or political matters;
- from requiring employees to attend training focused on reducing and preventing harassment and discrimination in the workplace; or
- from requiring employee attendance at meetings or other activities, or communicating information, necessary for an employee to lawfully perform their job duties.
The law was effective June 6, 2024.
SB 5793 – Concerning paid sick leave
Under existing law Washington employers are required to provide one hour of paid sick leave per every 40 hours of work, except for construction workers part of a collective bargaining agreement. Existing law allows employees to use paid sick leave for specific scenarios beginning on the 90th day of employment.
In addition to employees being permitted to use paid sick leave for themselves, they may also use it care for a family member. The scenarios an employee may use paid sick leave for include:
- employee mental or physical illness, injury, or health condition; or to accommodate receiving a medical diagnosis, care, treatment, or preventative medical care;
- for an employee to provide care for a family member with a mental or physical illness, injury, or health condition; or to care for a family member receiving a medical diagnosis, care, treatment or preventative medical care;
- if an employee’s place of business is closed by an order by a public official for a health-related reason, of if a child’s school or place of care is closed for a health-related reason; or
- for qualifying events under the Domestic Violence Leave Act.
The new law allows employees to use paid sick leave when a child’s school or place of care is closed due to a declaration of emergency by local or state governments or agencies, or the federal government. In addition, the law expands the definition of a family member for purposes of paid sick leave. Specifically, “family member” now includes any individual who regularly resides in the employee’s home. It does not include an individual who simply resides in the same home without expectation that the employee care for the individual.
The Department of Labor and Industries is directed to develop materials and provide outreach to employers and employees on the expansion of paid sick leave.
This law is effective January 1, 2025.
HB 1905 – Including protected classes in equal pay and opportunities act
Under current law, compensation or advancement discrimination between “similarly employed” employees based on gender by an employer within Washington is a misdemeanor. Existing law also allows for an employee to make a complaint with the Department of Labor and Industries and file a civil action against an employer.
This new law expands the definition of protected class beyond gender to include a person’s age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by person with a disability, as those terms are defined in RCW 49.60.040. The new law also allows an employee to file a complaint or pursue civil action based on discrimination in more than one protected class.
The Department of Labor and Industries is directed to develop educational materials and conduct outreach to both employers and employees about the law change.
The law is effective July 1, 2025.
Relevant Definitions to HB 1905
- “Political matters” means matters relating to elections for political office, political parties, proposals to change legislation, proposals to change regulations, and the decision to join or support any political party or political, civic, community, fraternal, or labor association or organization.
- “Religious matters” means matters relating to religious affiliation and practice, and the decision to join or support any religious organization or association.
- “Family member” means a child, grandchild, grandparent, parent, sibling, or spouse of an employee, and also includes any individual who regularly resides in the employee’s home or where the relationship creates an expectation that the employee care for the person, and that individual depends on the employee for care. “Family member” includes any individual who regularly resides in the employee’s home, except that it does not include an individual who simply resides in the same home with no expectation that the employee care for the individual
- “Child” means a biological, adopted, or foster child, a stepchild, a child’s spouse, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, of age or dependency status.
- “Parent” means the biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or an individual who stood in loco parentis to an employee when the employee was a child.
- “Protected class” means a person’s age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, as those terms are defined in RCW 49.60.040.
Recommendations
- Review this bulletin alongside SB 5778, SB 5793, and HB 1905to understand the changes from existing law.
- Begin revising employee handbooks and human resources policies and procedures to align with the timing for implementation of each of the new laws.
- Ensure employees are notified of law changes, including posting notices as required by each law.
- Participate in any educational outreach provided by the Department of Labor and Industries.
Next Steps
Hospital and health systems in Washington are subject to the three laws outlined in this bulletin and will need to prepare for each effective date outlined above.
WSHA’s 2024 New Law Implementation Guide
Please visit WSHA’s new law implementation guide online. The Government Affairs team is hard at work preparing resources and information on the high priority bills that passed in 2024 to help members implement the new laws, as well as links to resources such as this bulletin. In addition, you will find the Government Affairs team’s schedule for release of upcoming resources on other laws and additional resources for implementation.
Background and References
- SB 5778 (Political and Religious Speech)
- SB 5793 (Paid Sick Leave)
- HB 1905 (Protected Classes)
- RCW 49.60.040 (Discrimination Definitions)
