Washington Paid Sick Leave Laws

Various states, cities, and municipalities have enacted legislation requiring employers to provide paid time off (PTO) for employees to use when they are sick. Learn more about this type of leave, called paid sick leave, and what’s required in the state of Washington.

What is Paid Sick Leave?

Paid sick leave is a benefit that allows employees to take time off from work due to illness, injury, or other health-related issues without foregoing pay. The purpose of paid sick leave is to ensure that employees can recover from illness without the financial pressure of losing income. It also helps prevent the spread of contagious diseases in the workplace by encouraging sick employees to stay home.

There are no federal laws in place that mandate the provision of paid sick leave. The Family and Medical Leave Act (FMLA) allows qualified employees to take unpaid leave for certain health conditions.

The Families First Coronavirus Response Act (FFCRA) enacted temporary requirements for certain employers, granting up to two weeks of paid sick leave to employees who couldn’t work due to COVID-19 (diagnosis, symptoms, required quarantine, etc.) However, this legislation expired at the end of 2020.

Does Washington Have Paid Sick Leave Laws That Differ from Federal Paid Sick Leave Laws?

According to Washington’s Paid Sick Leave Law, passed by voters in 2016, all employers are required to provide paid sick leave to their employees. There is no federal law that requires paid sick leave.

Are There Requirements to be Eligible for Paid Sick Leave in Washington?

Washington state’s Paid Sick Leave Law applies to most full-time, part-time, temporary, and seasonal employees.

Is There a Minimum Amount of Paid Sick Time Required in Washington?

At a minimum, employers must provide one hour of paid sick leave for every 40 hours that an employee works. All hours employees work count in the accrual total, including overtime. New employees begin accruing sick leave on their first day of work. There is no cap on the amount of sick time an employee can accrue.

What Can PSL be Used for in Washington?

Beginning on the 90th day of employment, an employee may use their paid sick leave for the following reasons:

• Treating their own mental or physical health needs or caring for a sick family member, including doctor’s appointments and procedures
• If a workplace or family member’s school/care facility is closed by a public official for a health-related reason
• A qualifying absence related to the state’s Domestic Violence Leave Act

Is Paid Sick Leave Required to be Carried Over Each Year in Washington?

Employees are entitled to carryover up to 40 hours of paid sick leave from the prior year. Employees may accrue carryover balances for more than one year. A typical year is from January 1 to December 31. Companies may define it differently so long as it is a 12-month consecutive period and it’s outlined in a written policy or part of a collective bargaining agreement.

Is Paid Sick Leave (PSL) Different from Paid Time Off (PTO) in Washington?

Whereas paid sick leave in Washington state must be provided by an employer by law, employers in Washington are not required to provide paid time off (holiday, vacation, or bereavement leave). Employers are free to offer any PTO they see fit.

Common Washington Paid Sick Leave Laws FAQs

How much paid sick leave am I entitled to take and be paid for in Washington?

You are entitled to one hour of sick leave for every 40 hours worked, and you may use it starting 90 calendar days after your first day of employment. You may carry over 40 hours of sick leave per year, and you can accrue multiple years’ worth of carryover hours.

Does paid sick leave apply to all employees who work in Washington?

The law says paid sick leave is available to full-time, part-time, and seasonal employees in Washington with very few exceptions. Employers may opt to offer more than the minimum required by the law. 

Which employees are exempt or partially exempt from the paid sick leave law in Washington?

Exceptions include doctors, lawyers, dentists, and salaried managers who supervise more than two full-time employees. Additionally, federal employees and those covered by a collective bargaining agreement may be exempt.

Do I have to notify my employer before taking sick leave in Washington?

Washington state law does not have any requirements for notifying an employer. However, your employer may elect to include the following provisions in a written sick leave policy: 1) reasonable notice when requesting sick leave, e.g. phrases like “as early as practicable” or “as soon as possible”; or 2) verification if using more than three days of sick leave in a row, e.g. in the form of a doctor’s note. If your employer writes a sick leave policy, they must provide it to you on the first day of employment and it must be easily accessible going forward.

 Can I be disciplined for taking a sick day or using paid sick leave in Washington?

State, county, and city laws prohibit employers from retaliating against employees who use their paid sick leave. However, employees must comply with company policy around notifying their employer and providing any required documentation to maintain protection. Employees who misuse their paid sick leave or violate company policies may be subject to disciplinary action.

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Washington Department of Labor

Washington Paid Sick Leave Act