Washington: Paid Sick Leave Requirements

Requirements one by one

One hour per 40 hours, for almost every employer

Washington's paid sick leave law came from Initiative 1433 and lives inside the
state Minimum Wage Act at RCW 49.46.200 and 49.46.210. It applies to every
employer covered by that Act, with no minimum employee count — a business
with one worker is covered the same as one with thousands. An employee accrues at
least one hour of paid sick leave for every 40 hours worked, starting on the
first day of employment.

Accrual has no ceiling on the earning rate, but there is a waiting period for
use: an employee may begin using accrued leave on the 90th calendar day
after starting the job. An employer may front-load leave instead of tracking
accrual, as long as the front-loaded amount meets or exceeds what the accrual,
use, and carryover rules would provide.

Who is and is not an "employee"

Coverage tracks the Minimum Wage Act's definition of "employee" in
§ 49.46.010(4). That definition excludes several groups, most importantly
anyone employed in a bona fide executive, administrative, or professional
capacity or as an outside salesperson. In practice, salaried white-collar
staff who are exempt from overtime are generally outside the paid-sick-leave
mandate — a sharp contrast with states that presume a 40-hour week for exempt
employees. Certain hand-harvest agricultural workers and casual in-home workers
are also excluded.

Carryover caps at 40 hours; most leave is not cashed out

Accrued, unused leave carries over to the next year, but an employer is not
required to let more than 40 hours carry over (§ 49.46.210(1)(j)). At
separation, an employer generally owes nothing for unused leave. There is one
statutory exception: a construction-industry employer must pay out a
construction worker's accrued, unused balance if the worker separates before
reaching the 90-day use eligibility (§ 49.46.210(1)(l)).

What the leave covers, and who counts as family

An employee may use paid sick leave for the employee's own or a family member's
illness, injury, or health condition, for diagnosis, care, or treatment, and for
preventive care. It also covers a closure of the workplace, or of a child's
school or place of care, ordered by a public official for a health reason or
after an emergency declaration; participation in a judicial or administrative
immigration proceeding involving the employee or a family member (added in
2025); and domestic-violence-act safety absences under chapter 49.76 RCW.

"Family member" is broad: a child, grandchild, grandparent, parent, sibling, and
spouse or registered domestic partner, plus any person who lives in the
employee's home whom the employee is expected to care for.

Notice, verification, and pay

An employer may require reasonable notice of an absence, but not in a way
that interferes with lawful use. For an absence exceeding three days, the
employer may require verification, but the requirement may not create an
unreasonable burden or expense; for immigration-proceeding leave, a document
from an advocate, attorney, or clergy member — or simply the employee's written
statement — must be accepted. The employer may not make the employee find a
replacement worker.

Each hour of leave is paid at the greater of the state minimum wage or the
employee's normal hourly compensation, and the employer must regularly tell the
employee how much leave is available. If the employee is rehired within 12
months, previously accrued unused leave is restored and the earlier service
counts toward the 90-day use clock.

Protection and enforcement

An employer may not treat the use of paid sick leave as an absence that leads to
discipline, and may not retaliate against an employee for exercising these rights
(§ 49.46.210(3)-(4)). The Department of Labor and Industries enforces the chapter.
An employer that pays less than what is owed is liable to the employee for the
full amount due plus costs and reasonable attorney fees, and the state director
may take an assignment of the claim and sue on the employee's behalf
(§ 49.46.090). A violation, or a retaliatory discharge, is a gross misdemeanor
under § 49.46.100.

What trips people up

Exempt salaried employees are usually not covered. Because coverage runs
through the Minimum Wage Act, an overtime-exempt executive, administrative, or
professional employee generally has no statutory paid-sick-leave right in
Washington. Employers who apply the policy anyway are being more generous than
the law requires, which the statute expressly permits.

Accrual starts on day one, but use waits until day 90. New employees earn
leave from their first hour worked, yet cannot draw on it until the 90th
calendar day. Rehires within a year skip that wait if they had already cleared it.

The 40-hour limit is a carryover cap, not an annual earning cap. An employee
who works enough hours can accrue more than 40 hours in a year and use it that
year; the 40-hour figure only limits how much must roll into the next year.

Cities can require more. Seattle, Tacoma, and SeaTac maintain their own paid
sick and safe time ordinances that can exceed the state floor. Where a local
ordinance is more protective, an employee may be entitled to more than the state
minimum.

Common questions

Does a small Washington business have to provide paid sick leave?

Yes. There is no employer-size threshold. Any employer covered by the state
Minimum Wage Act must provide paid sick leave to its covered employees, even with
a single employee.

Can my employer ask for a doctor's note every time I'm sick?

No. Verification may be required only for absences exceeding three days, and even
then it may not impose an unreasonable burden or expense. For shorter absences,
the statute does not authorize a documentation demand.

Do I lose my accrued sick leave if I quit?

Generally the balance is not paid out at separation, so unused hours are not
cashed. But if you are rehired by the same employer within 12 months, your
previously accrued unused leave is reinstated. Construction workers who separate
before day 90 are cashed out under a special rule.

What can I do if my employer disciplines me for using sick leave?

That is prohibited. Using paid sick leave may not be counted as a disciplinary
absence, and retaliation is barred. You can complain to the Department of Labor
and Industries; an employer that underpays is liable for the full amount due plus
costs and attorney fees, and retaliatory discharge is a gross misdemeanor.

Statutes and sources

• RCW 49.46.200 and 49.46.210 (Washington Minimum Wage Act — paid sick leave;
  Initiative 1433, 2016, effective January 1, 2018, amended through 2025).
  Accrual, use, carryover, pay, reinstatement, family definitions, and
  anti-retaliation. Washington
  Legislature (accessed
  July 22, 2026).
• RCW 49.46.010. Definition of "employee" and its exclusions, including the
  executive/administrative/professional exemption. Washington
  Legislature (accessed
  July 22, 2026).
• RCW 49.46.090 and 49.46.100. Employee recovery of amounts due with costs
  and fees, and gross-misdemeanor enforcement and anti-retaliation. Washington
  Legislature (accessed
  July 22, 2026).