Washington State Paid Sick Leave Law for Employers

Washington Paid Sick Leave Requirements

Washington's Paid Sick Leave law, codified at RCW 49.46.200 and RCW 49.46.210, requires employers to provide paid sick leave to all employees, including part-time and temporary workers. The law took effect on January 1, 2018, and applies to nearly all employers in the state, with limited exceptions for federal employees and certain tribal employers.

Employees accrue at least one hour of paid sick leave for every 40 hours worked. There is no waiting period before employees can begin using accrued leave. Employers may frontload the annual leave amount at the beginning of the year rather than using accrual.

Permitted Uses of Paid Sick Leave

Employees may use paid sick leave for their own mental or physical illness, injury, or health condition, including preventive care and diagnosis. Leave is also available to care for a family member with a health condition. Washington defines family members broadly to include children, parents, spouses, registered domestic partners, grandparents, grandchildren, and siblings.

Additional permitted uses include absences related to domestic violence, sexual assault, or stalking affecting the employee or a family member, and closures of the employee's workplace or child's school or place of care by order of a public official for a health-related reason.

Employer Administration Rules

Employers must allow employees to use paid sick leave in the smallest increment their payroll system uses to track absences, not to exceed one hour. Employers may not require employees to find a replacement worker as a condition of using sick leave. For absences exceeding three consecutive days, employers may require verification that the leave was used for an authorized purpose, but they may not require disclosure of specific medical details.

Unused paid sick leave must carry over to the following year, though employers are not required to allow use of more than 40 hours in any calendar year if they set such a cap. If an employee separates and is rehired within 12 months, previously accrued leave must be reinstated.

Notice and Recordkeeping

Employers must provide written or electronic notice to employees at the time of hire explaining their sick leave rights. This notice must include the rate of accrual, authorized uses, and the prohibition against retaliation. Employers must maintain accurate records of hours worked and sick leave accrued and used for each employee for three years.

Washington's Department of Labor and Industries (L&I) enforces the law and may investigate complaints. Penalties for violations include payment of withheld wages plus interest and potential civil penalties.

Local Ordinance Coordination

Several Washington cities, including Seattle, Tacoma, and SeaTac, enacted paid sick leave ordinances before the state law. These local ordinances may provide additional benefits beyond the state minimum. Employers operating in these cities should compare local and state requirements and follow whichever is more generous to employees. The state law sets a floor, not a ceiling, for paid sick leave benefits.