Washington guarantees paid sick leave to almost every hourly and salaried worker in the state. This article explains who the law covers, how leave builds up, what it can be used for, how much carries over, and how the state enforces the rules. It is one of the topics covered in Washington labor laws: pay, time off, and worker rights, the hub that orients readers to the state’s wage, leave, and workplace-rights rules.
Who the sick leave law covers
Paid sick leave is part of Washington’s Minimum Wage Act, set out in RCW 49.46.200 and RCW 49.46.210. It applies to employers of every size, there is no small-business exemption, and reaches full-time, part-time, temporary, and seasonal employees the same way, as the Department of Labor & Industries explains.
A narrow group of workers fall outside the requirement. Licensed doctors, lawyers, and dentists are excluded, along with most executive managers who are paid on a salary basis and supervise two or more full-time employees, under L&I’s guidance on Minimum Wage Act coverage. Independent contractors are not employees under the Act and do not accrue leave, though whether a worker is truly a contractor turns on the classification test rather than on the label in a contract.
## How paid sick leave accrues and is paid
Accrual is tied to hours worked, not to a fixed annual grant. Under RCW 49.46.210, an employee earns at least one hour of paid sick leave for every 40 hours worked. An employer can offer a faster accrual rate, and can front-load leave at the start of the year instead of accruing it hour by hour, as long as the front-loaded amount meets or exceeds what accrual would have produced.
Sick leave hours are paid at the employee’s normal hourly compensation, not at a reduced rate, under the state’s minimum requirements. For a worker whose pay changes shift to shift, that means the leave hour is paid at the rate the employee would have earned had they worked. An employer must pay used sick leave in the same pay period it was taken, unless it requires verification for an absence of more than three days.
## When and why paid sick leave can be used
An employee can begin using accrued leave on the 90th calendar day after the first day of work, under RCW 49.46.210. A worker who leaves and is rehired by the same employer within 12 months keeps credit for the days already worked toward that 90-day period.
The law lists the reasons leave can be taken. Washington’s L&I describes the authorized purposes:
– The employee’s own mental or physical illness, injury, or health condition, including diagnosis and preventive care
– Care for a family member with an illness, injury, or health condition, or who needs diagnosis or preventive care
– Closure of the workplace, or of a child’s school or place of care, ordered by a public official for a health reason
– Absences that qualify under Washington’s Domestic Violence Leave Act
– Preparing for or taking part in an immigration proceeding involving the employee or a family member, a use added by 2025 legislation effective July 27, 2025
Family member is defined broadly. It covers a child, parent, spouse or registered domestic partner, grandparent, grandchild, and sibling, as well as anyone who lives in the employee’s home where the relationship creates an expectation of care.
## Carryover, separation, and reinstatement
Unused sick leave does not fully reset each year. Under WAC 296-128-620, an employer must carry over at least 40 hours of unused paid sick leave to the following accrual year. An employer can allow more generous carryover but not less.
When employment ends, an employer generally does not have to cash out an unused sick leave balance. One exception applies: certain construction workers must be paid the value of their unused paid sick leave when they separate, a rule added for that industry. Whether other unused paid time off is owed at separation is governed by a separate set of final-pay and PTO rules rather than the sick leave statute.
If a former employee returns to the same employer within 12 months, any unused sick leave balance that was not paid out must be reinstated, per L&I’s minimum requirements. Balances that were cashed out at separation do not have to be restored.
## Employer notice and protection from retaliation
Every Washington employer has to tell employees, in writing, that they are entitled to paid sick leave. The one-time notice explains how leave is earned, when it can be used, and that retaliation for using it is prohibited. At least monthly, the employer also has to give each employee a statement showing leave accrued, leave used, and the unused balance available, which L&I details. Regular payroll statements can carry this information.
Retaliation is barred by the Minimum Wage Act. An employer cannot discipline, demote, cut the hours of, or otherwise penalize an employee for using paid sick leave for an authorized reason, for filing a complaint, or for cooperating in an investigation. An employer that discourages or denies lawful use of leave is violating the same statute that creates the leave right.
## How to file a paid sick leave complaint
A worker who believes an employer is denying paid sick leave, miscounting accrual, or retaliating can report it to the Department of Labor & Industries, which enforces the Minimum Wage Act. L&I investigates workplace-rights complaints and can order back pay and other remedies.
Gather records
Collect pay stubs, the monthly sick leave statements, any written leave policy, and notes on dates leave was requested, taken, or denied. Records that show hours worked and leave balances help the investigator reconstruct what was earned.
Complete the complaint form
File a Workplace Rights Complaint with L&I online, or complete the paper Worker Rights Complaint Form. The form asks for the employer’s name and address, the nature of the violation, and the time period involved.
Submit to the right office
Mail or bring the paper form and supporting records to the L&I office serving the county where the business is located, or submit the complaint through L&I’s online portal.
Worker Rights Complaint Form (F700-148-000)
From Washington State Department of Labor & Industries
URL verified July 2026 · 1.2 MB
Frequently asked questions
Does the Washington sick leave law apply to part-time workers?
Yes. The law reaches full-time, part-time, temporary, and seasonal employees. A part-time worker accrues at the same rate, at least one hour for every 40 hours worked, so the total earned simply reflects fewer hours on the job.
Can an employer make you bring a doctor’s note for sick leave?
An employer can require verification only for absences longer than three days, and only if it has a written policy stating that requirement in advance. The verification cannot impose an unreasonable burden or cost on the employee. For absences of three days or fewer, no note can be required.
Is unused sick leave paid out when you quit or are fired?
Usually not. Washington does not require employers to cash out an unused paid sick leave balance at separation, except for certain construction-industry workers. If the same employer rehires the worker within 12 months, an un-cashed balance must be reinstated. Any obligation to pay out other accrued paid time off is governed by separate final-pay rules.
How much sick leave carries over to the next year?
At least 40 hours of unused paid sick leave must carry over into the next accrual year under WAC 296-128-620. An employer can allow more to carry over but cannot cap it below 40 hours. Front-loading arrangements have their own carryover rules that still have to meet the 40-hour floor.
What can you do if an employer refuses to provide sick leave?
A worker can file a complaint with the Department of Labor & Industries, which enforces the Minimum Wage Act. L&I can investigate, order payment of leave owed, and address retaliation. The law prohibits an employer from punishing an employee for filing.