Washington paid sick leave laws require employers to provide employees with protected paid time off under Rev. Code Wash. §§49.46.020 and §§49.46.210. This comprehensive law ensures workers across the state have access to paid leave for health and safety needs.
Note that Seattle and Tacoma have their own paid sick leave requirements. When employers are subject to both state and local requirements, they must follow whichever rule is more favorable to employees. This guide focuses on the statewide requirements.
Common Questions About Washington Paid Sick Leave
Understanding Washington paid sick leave requirements is essential for maintaining workplace compliance and supporting employee well-being. The law establishes specific guidelines for leave accrual and usage while providing comprehensive worker protections. Here’s what you need to know to stay compliant.
Who can take paid sick leave in Washington?
Almost all Washington employees can take this leave, including part-time, hourly, and salaried employees. Exceptions include:
- Independent contractors
- Construction workers covered by qualifying collective bargaining agreements
- Employees exempt under Washington’s minimum wage act
- Federal government employees
- Certain federal contractors
Which employers have to provide this leave?
All employers must provide this leave to Washington employees.
How much leave do employers need to provide?
Employees accrue one hour of paid sick leave for every 40 hours worked. The law doesn’t limit how many hours of leave employees can accrue in a year.
What can Washington paid sick leave be used for?
Employees can take sick leave for their own or a family member’s mental or physical illness, injury, or health condition, as well as medical diagnosis, treatment, or preventative care. “Family member” includes children, parents, spouses, registered domestic partners, grandparents, grandchildren, siblings, and anyone regularly residing in the employee’s home or whose relationship creates caregiving expectations.
Workplace or child’s school/care facility closure by public official order for health-related reasons are also covered, as are government-declared emergencies. Additionally, Washington paid sick leave can cover domestic violence-related needs, including legal proceedings, healthcare, counseling, shelter services, or relocation.
How does this relate to other types of leave?
Employers can use a paid time off policy to comply with these requirements if it provides at least as much leave and allows for the same reasons under the same terms and conditions, including accrual rates, payment, carryover, notification, and recordkeeping requirements.
Can employers limit how many hours of sick leave employees use in a year?
Washington paid sick leave law doesn’t allow employers to limit how many hours of accrued sick leave employees can use in a year, nor can they cap the total number of hours employees have in their bank of sick leave.
Can employers provide all the leave at once instead of letting it accrue?
Employers can frontload leave using a reasonable calculation based on the law’s accrual requirement of one hour per 40 hours worked. This requires a written policy outlining frontloading requirements, and employers must notify employees that the frontloaded amount equals or exceeds what they would have received through regular accrual. If employers frontload too little, they must correct it within 30 days of discovering the discrepancy. They cannot reclaim excess frontloaded time.
Do employers have to carry over unused leave?
Yes, employees can carry over up to 40 hours of accrued and unused paid sick leave to the next year. This requirement applies even when employers frontload leave.
What is the smallest amount of leave an employee can use?
Employers must allow employees to use leave in the same increments their payroll system uses for absences, not exceeding one-hour increments unless the Washington Department of Labor grants a variance for good cause.
What notice do employers and employees need to provide?
Employers must provide a one-time notice of paid sick leave rights at hire and display a poster in a visible location. They must also provide monthly updates showing accrual, usage, and available balance. For frontloaded leave, employers must confirm that the amount provided equals or exceeds the accrual requirement. All policies regarding notice and verification must be in writing and readily accessible to employees.
Employees must give at least 10 days’ notice for foreseeable leave, or as early as practicable. For unforeseeable needs, notice must be provided as soon as possible before the shift begins, unless circumstances make this unreasonable.
What verification can employers ask for?
For absences exceeding three consecutive workdays, employers can require verification of the need for leave. This requirement cannot impose unreasonable expenses on employees, and verification cannot require disclosure of specific health conditions. Employers cannot require verification before the 10th calendar day after leave begins.
Are employees’ jobs and benefits protected when they take this leave?
Yes, employees’ jobs are protected when taking this leave. Generally, employers don’t have to pay out unused sick leave at separation, except for construction workers employed less than 90 days. If employees are rehired within 12 months, employers must reinstate previously accrued and unused sick leave and credit any previous employment time toward initial waiting periods.
Simplify Washington Paid Sick Leave with SixFifty
Navigating Washington paid sick leave requirements can be complex, especially when coordinating with local regulations. SixFifty’s solutions streamline the process, ensuring your policies align with both state and local requirements while reducing the administrative burden on your HR team. We’re here to keep you compliant—even as paid sick leave laws change.
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