Washington is one of a minority of states that legally requires employers to provide paid sick leave. Under Washington law, most employees earn at least one hour of paid sick leave for every 40 hours worked, with no maximum on how much can be accrued during a year. Sick leave begins accruing on your first day of work, and you may start using it on the 90th calendar day after your employment starts. This requirement took effect on January 1, 2018, after voters passed Initiative 1433, and it is codified in the Washington Minimum Wage Act (RCW 49.46.210). That is a sharp contrast with federal law, which does not require private employers to provide any paid sick leave at all.
Washington's specific rule: accrual rate and caps
The core figure is simple and statutory: you accrue a minimum of one hour of paid sick leave for every 40 hours actually worked. Employers may be more generous, but they cannot fall below this floor. Key features of the accrual rule include:
No accrual cap during the year. Washington does not let employers cap how much sick leave you earn within a year based on hours worked. The more you work, the more you accrue.
Carryover of at least 40 hours. At the end of your employer's defined year, you must be allowed to carry over at least 40 hours of unused paid sick leave into the next year. Employers may permit more.
Pay rate. Sick leave must be paid at your normal hourly rate (or the applicable minimum wage if higher), excluding lost tips or premium rates such as overtime or holiday pay in most cases.
Use in 90 days. Although you accrue from day one, an employer can require you to wait until the 90th calendar day of employment before using accrued leave.
The state minimum wage matters here because sick leave is paid at no less than that rate. As of 2026, Washington's statewide minimum wage is one of the highest in the nation (above $16 per hour), and it is adjusted each year for inflation. Because this number changes annually every January 1, confirm the current figure directly with the Washington State Department of Labor & Industries (L&I) before relying on it. The federal minimum wage, by comparison, remains $7.25 per hour under the FLSA.
Which employers and workers are covered
Washington's paid sick leave law has unusually broad coverage. It applies to nearly all employers, regardless of size, and to most employees who are covered by the Washington Minimum Wage Act. There is no small-business exemption based on headcount, which distinguishes Washington from some other states and cities that exempt very small employers.
Certain workers fall outside the law because they are exempt from the Minimum Wage Act itself. These generally include:
Bona fide executive, administrative, and professional employees and outside salespeople who meet the salary and duties tests for exemption.
Certain agricultural workers, some volunteers, and a few other narrow categories defined by statute.
Independent contractors who are genuinely in business for themselves (misclassification does not remove your rights, however).
Part-time, seasonal, and temporary employees are covered and accrue leave on the same one-hour-per-40 basis. If you are unsure whether you qualify, L&I can help you determine your status.
What you can use paid sick leave for
Washington law lists specific protected reasons for taking paid sick leave. Your employer cannot require you to find a replacement worker, and cannot retaliate against you for using leave. Covered uses include:
Your own mental or physical illness, injury, or health condition, including preventive care and diagnosis.
Care for a family member with an illness, injury, condition, or who needs preventive care. "Family member" is defined broadly to include a child, parent, spouse, registered domestic partner, grandparent, grandchild, and sibling.
Closure of your workplace or your child's school or place of care by order of a public official for a health-related reason.
Absences that qualify under Washington's Domestic Violence Leave Act, covering domestic violence, sexual assault, or stalking affecting you or a family member.
An employer may require documentation (such as a note) only for absences exceeding three consecutive days, and the documentation requirement cannot create an unreasonable burden or expense.
Local ordinances: Seattle, Tacoma, and SeaTac
Several Washington cities have their own paid sick and safe time laws that can provide greater benefits than the state minimum. Where a local law is more generous, the employer must follow the more protective standard. Notable examples:
Seattle has a Paid Sick and Safe Time (PSST) ordinance that tiers accrual and usage caps by employer size and can exceed the state baseline for larger employers.
Tacoma and SeaTac have historically maintained their own paid leave provisions as well.
If you work in one of these cities, check both the state rule and the city's office of labor standards, because you are entitled to whichever provides the better benefit.
How sick leave interacts with PTO and FMLA
An employer can satisfy the paid sick leave law through a combined paid time off (PTO) policy, but only if that PTO meets or exceeds every requirement: the one-hour-per-40 accrual rate, the permitted uses, the carryover rule, and the anti-retaliation protections. A PTO plan that is more restrictive than the sick leave law does not comply.
Washington's paid sick leave is separate from the federal Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid, job-protected leave for eligible employees at larger employers. It is also distinct from Washington's Paid Family and Medical Leave (PFML) program, a state insurance benefit for longer-term family and medical needs administered by the Employment Security Department. You may be eligible to use these programs together for the same underlying situation, but they have different rules, durations, and pay sources.
How to enforce your rights and where to verify
If your employer denies paid sick leave, refuses to pay it at the correct rate, fails to provide required notice of your balance, or retaliates against you for using it, you can file a complaint with the Washington State Department of Labor & Industries (L&I), which enforces the law. Steps that strengthen your position:
Keep your own records of hours worked and sick leave used; employers must give you monthly notice of accrued, used, and available balances.
Note dates of any denied requests or adverse actions, since retaliation is separately prohibited.
File promptly. L&I can investigate, order back payment, and assess penalties.
For the authoritative and current rules, accrual details, and the latest minimum wage figure, consult the Washington State Department of Labor & Industries. This article is general information, not legal advice; if your situation is complex, consider speaking with an employment attorney licensed in Washington.
Official Washington Sources
This page is based on Washington employment law. Rules and figures change — verify the current details directly with the official Washington sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Washington state law.
Frequently asked questions
Does Washington require employers to provide paid sick leave?
Yes. Since January 1, 2018, Washington law (RCW 49.46.210) requires nearly all employers to provide paid sick leave. Employees accrue at least one hour for every 40 hours worked. There is no small-employer exemption based on headcount, unlike federal law, which requires no paid sick leave at all.
How much paid sick leave do I earn in Washington?
You earn a minimum of one hour of paid sick leave for every 40 hours you actually work, paid at your normal hourly rate. There is no yearly cap on accrual, and you can carry over at least 40 unused hours into the next year. You begin accruing on day one but may use leave starting on your 90th day.
Can I use Washington paid sick leave to care for a family member?
Yes. You can use it for a family member's illness, injury, condition, or preventive care. Washington defines family member broadly to include a child, parent, spouse, registered domestic partner, grandparent, grandchild, and sibling. You can also use leave for certain domestic violence, sexual assault, or stalking situations.
Do Seattle and Tacoma have their own sick leave rules?
Yes. Seattle, Tacoma, and SeaTac have local paid sick and safe time ordinances that can be more generous than the state minimum. When a local law provides a greater benefit, your employer must follow it. Check the relevant city's labor standards office in addition to the statewide rule.
How is paid sick leave different from FMLA in Washington?
Washington paid sick leave is short-term, accrued, and paid. FMLA is a federal law providing up to 12 weeks of unpaid, job-protected leave for eligible employees at larger employers. Washington also has a separate Paid Family and Medical Leave insurance program for longer needs. These can sometimes apply together.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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