HR FAQ: Can my employee use their sick time to stay home with their child in the summer because there’s no school?

Answer: The answer in both Washington and Oregon is no—unless the child is home because they are sick. The Washington and Oregon sick leave laws allow employees to use sick leave if the child’s school or place of care has been closed for any health-related reason. Being closed for summer break or a caregiver that takes the summers off would NOT qualify as a covered reason under state law.

What about in Seattle? Seattle’s Paid Sick Leave and Safe Time (PSST) ordinance allows employees to use sick leave “when their family member's school or place of care has been closed.” It does not specify “for health-related reasons.” Some employees interpret Seattle’s sick leave law as including any closure—even holiday breaks or summer vacation! 

While the Office of Labor Standards (OLS) has not addressed this topic specifically, Archbright’s legal team consensus is that if the school or place of care was not scheduled to be open that day, then it is not considered a closure. An example of when this might apply would be inclement weather or a teacher strike; the school is expected to be open and is unexpectedly closed. In these examples, an employee in Seattle would likely be allowed to use available sick time under PSST. Nothing in the law prevents employers from allowing employees to use sick leave for this purpose, but employers are not required to do so under the Washington or Oregon state laws or any local laws. 

This is just one of the hundreds of questions we answer each week on the HR Hotline. 

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