Washington Paid Sick Leave Law (2026)

Quick Answer: Washington requires all employers to provide paid sick leave to employees. You accrue at least 1 hour of sick leave for every 40 hours worked, and unused sick leave carries over year to year (up to 40 hours minimum). Sick leave can be used for your own illness, to care for family, or for absences related to domestic violence, sexual assault, or stalking. Employers cannot retaliate against you for using sick leave.

Washington's paid sick leave law ensures you don't have to choose between your health and your paycheck.

Who Is Covered

Nearly All Employees

Washington's paid sick leave covers:

• Full-time employees
• Part-time employees
• Seasonal employees
• Temporary employees
• Most workers, regardless of employer size

Exempt Workers

Some workers are exempt from sick leave law:

• Federal government employees
• Some railroad workers
• Students in work-study programs
• Certain union employees with equivalent benefits

Independent Contractors

True independent contractors are not covered. But if you're misclassified as a contractor when you're really an employee, you have sick leave rights.

How Sick Leave Accrues

Basic Accrual Rate

1 hour of sick leave for every 40 hours worked.

Examples:

• Work 40 hours = Earn 1 hour sick leave
• Work 20 hours = Earn 0.5 hours sick leave
• Work 80 hours = Earn 2 hours sick leave

When Accrual Starts

Day one. Sick leave begins accruing from your first day of work.

When You Can Use It

After 90 days. Employers may require you to wait 90 days before using accrued sick leave.

Accrual Caps

Employers may cap accrual at 40 hours per year, but must allow carryover up to 40 hours.

No cap on using what you've accrued (but employer can limit to available balance).

Carryover Requirements

Unused sick leave carries over to the next year.

Minimum carryover: 40 hours (employer must allow at least this much to roll over)

Employers may offer more generous carryover but cannot reduce below 40 hours.

Front-Loading Option

Employers can front-load sick leave instead of tracking accrual:

• Provide full year's sick leave at start of year
• No need to track hourly accrual
• Must still meet minimum requirements

What Sick Leave Can Be Used For

Your Own Health

Authorized uses for yourself:

• Physical illness, injury, or health condition
• Medical diagnosis or treatment
• Preventive medical care
• Mental health needs
• Recovery from illness or treatment

Family Member Care

Caring for family members with:

• Physical illness, injury, or health condition
• Medical diagnosis or treatment
• Preventive medical care

"Family member" includes:

• Child (biological, adopted, foster, stepchild, legal ward)
• Parent (biological, adoptive, in-law, stepparent, legal guardian)
• Spouse or registered domestic partner
• Grandparent
• Grandchild
• Sibling

Workplace or School Closure

When business or child's school closes due to public health emergency ordered by public official.

Domestic Violence, Sexual Assault, Stalking

For you or family member:

• Seeking legal help (restraining orders, etc.)
• Medical treatment
• Counseling
• Safety planning
• Relocation

Bereavement (Some Employers)

Note: Washington's sick leave law doesn't explicitly require bereavement leave, but some employers allow sick leave use for this purpose.

Using Sick Leave

Requesting Time Off

For foreseeable absences:

• Provide reasonable advance notice
• Follow employer's notice procedures
• Give as much notice as possible

For unforeseeable absences:

• Notify employer as soon as practicable
• Follow employer's call-in procedures
• May notify after leave begins if emergency

Documentation

Employers may require documentation only if:

• Absence exceeds 3 consecutive days, OR
• Employer has reasonable concerns about abuse

Acceptable documentation:

• Doctor's note
• Police report (for DV/SA/stalking)
• Court documentation
• Other reasonable verification

Employer cannot require:

• Disclosure of specific diagnosis
• Details beyond confirming authorized use
• Documentation for every absence

Increments of Use

Employers can set minimum increments:

• Cannot exceed 1 hour increments
• Many employers allow 15-minute or 30-minute increments
• Cannot require larger increments than actually needed

Pay Rate

Sick leave is paid at regular rate:

• Same hourly rate you normally earn
• For salaried employees, same daily rate
• Cannot be paid at lower rate

Employer Requirements

Notice to Employees

Employers must inform you of:

• Your right to paid sick leave
• How much you've accrued
• How much you've used
• Rate of accrual

This should appear on pay stubs or be provided in equivalent written notice.

Recordkeeping

Employers must maintain records showing:

• Hours worked
• Sick leave accrued
• Sick leave used
• Dates of use

Employers must keep records for 3 years.

No Retaliation

Employers cannot:

• Fire you for using sick leave
• Discipline you for using sick leave
• Reduce hours or pay for using sick leave
• Count sick leave against attendance policies
• Retaliate for requesting sick leave
• Threaten punishment for sick leave use

Reinstatement After Leave

If you're terminated and rehired within 12 months, employer must reinstate previously accrued but unused sick leave.

Sick Leave vs. PTO

If Employer Has PTO Policy

Employers can satisfy sick leave law with PTO if:

• PTO accrues at same rate (1 hour/40 hours worked)
• PTO can be used for all sick leave purposes
• PTO has same carryover protections
• No additional requirements for using PTO for sick purposes

Combined Policies

Many employers have combined PTO policies that cover vacation and sick time. This is legal as long as it meets all sick leave law requirements.

Violations and Enforcement

Common Violations

What employers do wrong:

• Not providing any sick leave
• Inadequate accrual rate
• Not allowing carryover
• Requiring excessive documentation
• Retaliating for sick leave use
• Not paying for sick leave taken
• Requiring "finding coverage" before using leave

Filing a Complaint

Department of Labor & Industries:

• Website: lni.wa.gov
• Phone: 1-866-219-7321
• Online complaint form available

What L&I investigates:

• Failure to provide sick leave
• Retaliation
• Improper denial of leave
• Recordkeeping violations

Remedies

If employer violates law:

• Payment of denied sick leave
• Reinstatement if terminated
• Back pay if retaliated against
• Civil penalties against employer
• Potential private lawsuit

Special Situations

New Employees

• Accrual starts day one
• Can use after 90 days
• No waiting period for accrual

Part-Time and Variable Hour Employees

• Accrue based on actual hours worked
• Same 1 hour per 40 hours rate
• May take time to build up balance

Multiple Jobs

Each employer must provide sick leave independently. No combining hours across employers.

Seasonal Workers

• Accrue while working
• Sick leave carries over if rehired within 12 months

Staffing Agency Workers

Agency is responsible for sick leave, not client company where you work.

Frequently Asked Questions

How much sick leave can I accrue?

You accrue 1 hour per 40 hours worked. Employers can cap annual accrual at 40 hours but must allow 40-hour carryover. Actual balance can exceed 40 hours with carryover.

Can my employer deny my sick leave request?

Generally no, if you have accrued leave and use it for authorized purposes. Employer can require documentation for absences over 3 days.

What if I'm fired for using sick leave?

This is illegal retaliation. File complaint with L&I and consult an employment attorney.

Does sick leave get paid out when I leave?

Washington law doesn't require sick leave payout upon termination (unlike some vacation policies). Check your employer's policy—some do pay out.

Can my employer require a doctor's note?

Only for absences over 3 consecutive days, or if there's reasonable concern about abuse. Cannot be required for every absence.

What if I don't have enough sick leave?

You can only use what you've accrued. Employer isn't required to advance sick leave (though some do). May need to use other leave or unpaid time.

Can I use sick leave for doctor appointments?

Yes. Preventive care and medical appointments are authorized uses of sick leave.

What if my employer doesn't track sick leave?

Employer must track and report your sick leave. Request records if not provided. File complaint if employer refuses.

Does sick leave cover COVID-19?

Yes. Illness, medical treatment, isolation, and caring for sick family members are all covered uses.

Can I use sick leave to care for a sick pet?

No. Sick leave is for human family members as defined in the law. Pets are not included.

Sick Leave and Other Laws

Sick Leave + PFML

Washington Paid Family and Medical Leave is separate from sick leave:

• PFML covers extended leave (weeks)
• Sick leave covers shorter absences
• Can use sick leave while waiting for PFML
• Different eligibility requirements

Sick Leave + FMLA

Federal FMLA provides unpaid job-protected leave:

• Can use sick leave during FMLA to receive pay
• Employer may require or employee may choose
• FMLA protects job; sick leave provides pay

Sick Leave + Disability

If you're receiving disability payments:

• May not need sick leave for those days
• Check if sick leave supplements disability pay
• Coordinate with employer

Related Topics

• Washington Leave Laws
• Washington Paid Family Leave
• Washington FMLA vs PFML
• Washington Workplace Retaliation
• Washington Wages and Hours

Take Action

Paid sick leave is your right in Washington. You shouldn't have to work sick or go unpaid when you need time to recover.

If you're having sick leave issues:

1. Know how much you've accrued
2. Review your employer's policy
3. Document any retaliation or denial
4. File L&I complaint if rights violated
5. Consult attorney for serious violations

Your health matters. Washington law protects your ability to take care of it.

Legal Disclaimer

This article provides general information about Washington's paid sick leave law and is not legal advice. Every situation is different. For advice about your specific circumstances, consult a qualified employment attorney.

For official information:

• Washington Department of Labor & Industries: https://lni.wa.gov/ | 1-866-219-7321
• Paid Sick Leave Information: https://lni.wa.gov/workers-rights/leave/paid-sick-leave