Washington Paid Sick Leave Laws: Your Entitlements

Federal law does not mandate paid sick leave. The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., does not require employers to provide paid time off. However, the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., allows eligible employees at covered employers (50+ employees) to take unpaid, job-protected leave for qualifying medical reasons, but this is unpaid leave. The FMLA applies only to employers with 50 or more employees within 75 miles of the worksite. Some cities and states have enacted paid sick leave laws, but the federal government does not.

Federally, there is no requirement that employers pay for sick leave, vacation, or any other time off. Many employers voluntarily provide paid time off, but they are not legally obligated to do so under federal law. The EEOC and Department of Labor do not enforce paid sick leave requirements at the federal level, though some states and localities have their own enforcement mechanisms.

Washington State's paid sick leave law, codified in Washington Revised Code § 49.46.200, is significantly stronger than federal baseline because it actually requires paid sick leave for most employers. Washington's law covers employers with 6 or more employees, meaning even small businesses must comply. Washington does not distinguish between small and large employers in the way federal FMLA does.

Under Washington law, employers must provide at least 40 hours (5 days) of paid sick leave per 12-month period. Employees accrue leave at a rate of 1 hour per 30 hours worked. Alternatively, employers may frontload 40 hours at the beginning of the year. Washington law is notably broader in permitted uses than many other states: employees can use paid sick leave not only for their own illness or medical care but also for safe time related to domestic violence, sexual assault, stalking, or harassment; to care for a family member; for preventive medical care; and for bereavement.

Washington requires that unused paid sick leave carryover to the next year, though employers may cap carryover at 80 hours and may require employees to use accrued leave before new leave accrues. Employers cannot cash out unused sick leave upon termination, except in the final paycheck if state law permits or if the employer's policy provides greater benefits. Employers are prohibited from retaliating, discriminating, or taking adverse action against employees for using or requesting paid sick leave.

The law applies to all employees, including part-time and temporary workers. Agricultural workers, employees of Indian tribes, and certain exemptions may apply in limited circumstances. Washington's Department of Labor & Industries enforces this requirement, and violations can result in penalties and back wages.

Small employers with 5 or fewer employees are exempt from Washington's paid sick leave requirement. Agricultural workers, employees of Indian tribes, and employees covered by certain collective bargaining agreements may have different rules if the agreement provides equal or greater benefits.

Washington law does not require paid sick leave for: employees in seasonal work with a duration of less than 90 days in a 12-month period (though some case law disputes this); employees hired after the start of the 12-month period (they accrue prospectively); or employees whose paid time off policy already meets or exceeds the statutory minimum and permits all required uses.

Employers can require reasonable notice of paid sick leave use, typically 30 days in advance for foreseeable leave, or notice as soon as practicable for unforeseeable absences. However, employers cannot require employees to find replacement coverage before using sick leave or to use other paid time off (like vacation) before using sick leave. Employers can also require medical certification after three consecutive days of absence, but only for absences due to illness.

At-will employment still applies in Washington, meaning employers can terminate employees for lawful reasons, but they cannot terminate or retaliate against employees for using paid sick leave. Employers also cannot require employees to work while sick or penalize them for calling in sick. If an employee is terminated shortly after using paid sick leave, this may constitute illegal retaliation if a causal connection is established.

Step 1: Document everything. Keep records of all absences, when you requested sick leave, the reason you stated, and the employer's response. Save copies of any written denial, emails about sick leave requests, and documentation of the illness or qualifying reason (medical notes, police reports for domestic violence, etc.). Take screenshots of scheduling systems showing your absence or communications with your supervisor. Document the dates you worked and hours worked to establish your accrual entitlement.

Step 2: Exhaust internal remedies. Speak with your HR department or direct supervisor in writing (email is best) requesting paid sick leave and citing Washington Revised Code § 49.46.200. Request written confirmation of your sick leave balance and accrual. Ask specifically why your request was denied if applicable. Give the employer a reasonable opportunity to cure the violation, typically 10-15 business days. Send the initial request via email so you have proof of the date and content.

Step 3: File a complaint with Washington Department of Labor & Industries (L&I). Go to www.lni.wa.gov and locate the "File a Complaint" section under wages and hours. You can file online, by mail, or by phone at 1-800-4-LABOR-1 (1-800-425-2761). You must file within two years of the violation (the statute of limitations is two years from the date the violation occurred). Provide: your name and contact information; employer name and address; dates of denied leave or underpayment; hours and wages involved; a detailed description of what happened; copies of any documentation (emails, pay stubs, timesheets); and your preferred method of contact.

Step 4: L&I investigation process. After filing, L&I will assign an investigator to your case. The investigator will contact your employer and request records: payroll documents, accrual calculations, sick leave policies, and timekeeping records. The investigator may contact you for a follow-up interview. Expect this process to take 30-90 days, though complex cases may take longer. You will be notified of the investigation's outcome. If L&I finds a violation, the employer must pay back wages plus penalties. If the employer contests the finding, there may be an appeal process.

Step 5: Consider consulting an attorney. If L&I denies your complaint or if the employer retaliates after filing, consult an employment attorney licensed in Washington. Many offer free initial consultations. An attorney can determine if you have a retaliation claim, a wrongful termination claim, or a claim for damages beyond back wages. Some attorneys work on contingency (no upfront fee) for wage claims. Contact the Washington State Bar Association at www.wsba.org for referrals, or the Northwest Justice Project at 1-888-529-5929 for low-income legal aid.