Inslee announces new high-risk worker protections

OLYMPIA — If feasible, employers must make alternative work accommodations for high-risk workers that request them, Gov. Jay Inslee announced in a proclamation Monday.

In a statement, Inslee said that the proclamation gave “high-risk workers the right to protect themselves from COVID-19 without jeopardizing their employment state or loss of income.”

High-risk workers are defined by the state and the Centers for Disease Control and Prevention as workers 65 years of age or older, or workers of all ages if they have underlying medical conditions, particularly if not well controlled.

At the request of a high-risk worker, employers are required to explore all available options for alternative work assignments, including but not limited to telework, remote work locations or social distancing measures inside the workplace, according to the proclamation.

If no accommodations are feasible, employers must allow high-risk employees to use accrued leave or unemployment insurance until the employee is “deemed eligible” to return to work. If the employee runs out of paid time off while still unable to return to work, the employer is also required to maintain all health insurance benefits until the employee can return to work, according to the proclamation.

Employers are prohibited from retaliating against employees that access these rights and are barred from hiring a permanent replacement for an employee while they’re on leave.