Washington Paid Sick Leave: Employer Obligations and the Claims That Follow

Washington employers must give nonexempt employees at least one hour of paid sick leave for every 40 hours worked, usable from the 90th day of employment, with up to 40 unused hours carried over each year. Since 2025, uses include broader family members and immigration proceedings. Employers cannot count sick leave as an absence that leads to discipline, and retaliation penalties run up to $20,000 for a first violation.

By Trella Commercial · Updated October 5, 2026

The short version

  • Who: employees covered by the Minimum Wage Act, including part-time and seasonal workers. Bona fide executive, administrative, professional, and outside sales employees are excluded under state law (Seattle's ordinance covers them).
  • Accrual: at least one hour for every 40 hours worked; usable from the 90th calendar day of employment; carryover of up to 40 unused hours can be capped.
  • Uses expanded recently: household members and dependents count as family members since January 1, 2025, and immigration proceedings were added July 27, 2025.
  • No discipline for using it. Counting sick leave as an absence that may lead to discipline is prohibited, and L&I penalties for retaliation start at $1,000 and reach $20,000 for a first violation.
  • Complaints are frequent. Washington L&I received 1,087 paid sick leave allegations in fiscal 2025. See the data.
  • Insurance mostly does not help. Sick leave claims are wage claims, generally excluded from EPLI; retaliation claims tied to sick leave use are usually covered.

The core rules

RuleRequirementSource
AccrualAt least one hour for every 40 hours workedRCW 49.46.210
When use beginsThe 90th calendar day after employment beginsRCW 49.46.210
CarryoverEmployers may cap carryover at 40 hoursRCW 49.46.210
Pay rateThe greater of the minimum wage or the employee's normal hourly compensationRCW 49.46.210
IncrementsConsistent with payroll practice, no larger than one hourWAC 296-128-630
Payout at separationNot required (except certain construction workers separated before day 90)RCW 49.46.210
RehireUnused leave must be reinstated if rehired by the same employer within 12 monthsRCW 49.46.210

Permitted uses

UseDetail
Employee's own healthMental or physical illness, injury, or health condition; diagnosis, care, or treatment; preventive care
Family member's healthThe same, for a family member; since January 1, 2025, family members include anyone who regularly resides in the employee's home or depends on the employee for care
ClosuresThe workplace closed by a public official for a health-related reason, or a child's school or place of care closed for a health reason or after an emergency declaration by government
Domestic violence leaveAbsences that qualify under Washington's domestic violence leave law
Immigration proceedingsPreparing for or participating in a judicial or administrative immigration proceeding involving the employee or a family member (added July 27, 2025)

Verification and notice

TopicRule
VerificationEmployers may require verification only for absences exceeding three consecutive scheduled workdays, and it cannot be an unreasonable burden or expense; employers cannot ask about the nature of the condition
Immigration-proceeding leaveEmployers must accept the employee's own written statement as verification
Notice, foreseeable leaveAt least ten days, or as early as practicable
Notice, unforeseeable leaveAs soon as possible before the start of the shift
Written policyVerification and notice requirements must be in a written policy

Seattle's Paid Sick and Safe Time ordinance

Employers with employees working in Seattle follow the city ordinance as well, and it is stricter in several ways, including coverage of exempt employees:

TierEmployer size (full-time equivalents, worldwide)AccrualAnnual carryover
11 to 491 hour per 40 hours40 hours
250 to 2491 hour per 40 hours56 hours
3250 or more1 hour per 30 hours72 hours (108 with a PTO program)

Idaho has no statewide paid sick leave law.

Penalties and the claims that follow

ExposureDetail
Unpaid sick leaveA wage claim with L&I or in court; willfully withheld wages can bring double damages and attorneys' fees (RCW 49.52.070)
RetaliationL&I civil penalties of at least $1,000 (or 10% of unpaid earnings, if greater), up to $20,000 for a first violation and $40,000 for each repeat (WAC 296-128-790)
Attendance policiesAny policy counting sick leave as an absence that may lead to discipline is unlawful (RCW 49.46.210)

Does insurance cover sick leave claims?

ClaimCoverage
Unpaid or denied sick leaveGenerally excluded from EPLI as a wage and hour claim; some policies offer a defense-only sublimit
Firing or discipline after an employee used sick leaveUsually covered by EPLI as retaliation or wrongful termination
Discrimination tied to a health conditionUsually covered by EPLI (disability or related claims)

See the wage and hour gap and wrongful termination in Washington.

A compliance checklist

  1. Track accrual for every nonexempt employee from day one, including part-time and seasonal workers.
  2. Update your written policy for the 2025 family member and immigration proceeding changes.
  3. Remove sick leave absences from attendance points or discipline systems.
  4. Limit verification requests to absences over three consecutive scheduled workdays.
  5. Give employees a regular statement of their accrued, used, and available sick leave.
  6. If any employees work in Seattle, apply the city ordinance, including for exempt employees.

Common questions

How much paid sick leave do Washington employers have to provide?

At least one hour for every 40 hours worked, usable starting on the 90th calendar day of employment. Employers may cap carryover of unused leave at 40 hours a year.

Do exempt salaried employees get paid sick leave in Washington?

Not under the state law, which excludes bona fide executive, administrative, professional, and outside sales employees. Seattle's Paid Sick and Safe Time ordinance does cover them for work in Seattle.

Can a Washington employer require a doctor's note for sick leave?

Only for absences exceeding three consecutive scheduled workdays, under a written policy, and the requirement cannot impose an unreasonable burden or expense. Employers cannot ask about the nature of the condition.

Do employers have to pay out unused sick leave when an employee leaves?

No, with a narrow exception for certain construction workers who separate before day 90. If the employer rehires the employee within 12 months, their unused balance must be reinstated.

Does Idaho require paid sick leave?

No. Idaho has no statewide paid sick leave law.

Sources

This page is general information, not legal advice. Laws were checked against primary sources in October 2026.

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