Waiver; Effect on collective bargaining rights
Seattle Mun. Code § 14.16.120
in effect14.16.120 - Waiver; Effect on collective bargaining rights
A. A waiver by employees covered by a bona fide collective bargaining agreement of provisions of this Chapter 14.16 is permitted as follows:
1. Effective September 12, 2012 through December 31, 2017, the provisions of this Chapter 14.16 shall not apply to any employees covered by a bona fide collective bargaining agreement to the extent that such requirements are expressly waived in the collective bargaining agreement in clear and unambiguous terms.
2. Effective January 1, 2018 through the later of: December 31, 2018; or the expiration of a collective bargaining agreement in existence on December 31, 2018; the provisions of this Chapter 14.16 that are more generous than those provisions requiring paid sick leave under chapter 49.46 RCW and chapter 296-128 WAC, including but not limited to more generous requirements for accrual and carry over for Tier 2 and Tier 3 employers under Section 14.16.025, shall not apply to any employees covered by a bona fide collective bargaining agreement to the extent that:
a. Such requirements are expressly waived in the collective bargaining agreement, or in an addendum to an existing agreement including an agreement that is open for negotiation;
b. The waiver is in clear and unambiguous terms and shall not impede the ability of the Office of Labor Standards to enforce any unwaived portions of this Chapter 14.16; and
c. Any labor organization that seeks to extend a waiver beyond January 1, 2018, files information on the pertinent collective bargaining agreement with the Office of Labor Standards. The information should include the name of the employer, the labor organization, the covered employees, the term of the collective bargaining agreement, and the language of the waiver. The information shall be filed with the Office of Labor Standards by the end of January 2018 or, for collective bargaining agreements ratified in 2018, within 30 days of the ratification date of such a collective bargaining agreement.
3. Effective on the later of: January 1, 2019; or the expiration of a collective bargaining agreement in existence on December 31, 2018; any waiver by employees covered by a bona fide collective bargaining agreement shall be deemed contrary to public policy and shall be void and unenforceable.
B. With the exceptions noted in subsection 14.16.120.A, any waiver by an individual of any provisions of this Chapter 14.16 shall be deemed contrary to public policy and shall be void and unenforceable.
(Ord. 125499, § 10, 2017; Ord. 124960, § 24, 2015; Ord. 123698, § 2, 2011.)
Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT14HURI_CH14.16PASITIPASATI_14.16.120WAEFCOBARIFetched: 11/1/2026