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Legislation protects more hospital employees from mandatory overtime
A new law that takes effect next year protects more Washington hospital employees working directly with patients from mandatory overtime.
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The new law protects staff working at acute hospitals, in direct patient or clinical settings, who earn an hourly wage or are covered by a collective bargaining agreement from forced overtime. That excludes contract and travel staff.
Washington first extended overtime protections to nurses at acute hospitals over two decades ago. In recent years, the state has expanded those benefits to include certified nursing assistants and medical technicians. In 2024, the Legislature removed references to specific positions from the statue.
“The intent behind this policy is to incorporate others who do not currently have mandatory overtime protections,” bill sponsor Rep. Dan Bronoske, D-Lakewood, said during a committee meeting earlier this year. “Hopefully this will address some of the burnout issues that we’ve been hearing about from health care employees.”
The expansion is the fifth update to the state’s mandatory overtime law and the third in the last five years. The expanded definition adopted in 2024 is designed to match the definition in another law requiring meal and rest break tracking at state hospitals, according to the Washington state Hospital Association.
Hospitals can still require overtime of employees who are on call, as long as the on-call period is pre-scheduled. And they can require mandatory overtime during emergent circumstances.
Another exception allows mandatory overtime to complete a critical, in-progress procedure and when an employer makes a reasonable effort to obtain staffing but cannot avoid using overtime. Employees can still voluntarily work overtime.
Small hospitals, with fewer than 25 acute care beds, will be exempt from the new provisions until July 1, 2025.
Sick leave
A separate law also taking effect next year expands when workers – in any industry – can use paid sick leave.
Employees can currently use sick leave for a personal health condition; to care for a family member; if their place of business is closed by a public official for health-related reasons; or if they qualify under a domestic violence absence law.
Starting in 2025, sick leave can also be used when a child’s school or place of care is closed by a local or state emergency declaration.
The law also expands the definition of family, in the context of sick leave. Now it includes any individual who regularly resides in an employee’s home where there is an expectation of care or dependency.
“We as a body have recognized that the definition of family changes,” said Rep. Rebecca Saldaña, D-Seattle, the bill’s sponsor. We should make sure “workers are able to stay home when they are sick and make sure they are able to take care of their families as they are also managing their responsibilities in our economy.”