Washington State Paid Sick Leave Law was first passed in 2016 as part of State Initiative 1433. As of January 18th, employers in the state are now generally required to provide paid sick leave to employees under Washington State Sick Leave Law.
Every employer in the state is subject to Washington State Paid Sick Leave, making it one of the most critical Washington labor laws to comply with
Leveraging a Washington payroll & HR company like PayNW can help your business manage compliance with Washington State Sick Leave Law, and other state leave laws with software and solutions like time and attendance.
To help businesses manage compliance with Washington State Paid Sick Leave, we’ve put together the following guide for Washington State Businesses.
Employers in Washington must provide every employee with paid sick leave, with the exception of traditionally exempt employees under the Fair Labor Standards Act (FLSA). As a result, understanding how to classify employees under the FLSA is crucial for employers in order to avoid penalties for noncompliance.
Additionally, doctors, lawyers, or dentists, as well as most executive managers who supervise two or more full-time employees, and are paid on a salary (rather than an hourly) basis, are also exempt from the state’s paid sick leave requirements.
Washington State employees accrue one hour of paid sick leave for every 40 hours they work.
One of the more unique components of Washington's Paid Sick Leave Law, employers may not “cap” the number of hours that employees can accrue in a given year. In addition, employees must be allowed to carry over a minimum 40 hours of paid sick leave from one year to the next.
Employees in Washington also begin accruing paid sick leave upon the first day of employment, another less common component of Washington Sick Leave.
However, important to note is that while accrual begins on the first day of employment, paid sick leave may not be used until the 90th day of employment.
As stated above, employees can begin using Washington Paid Sick Leave starting on their 90th day of employment. Important to note is that employees that separate from their employer and are rehired within 12 months don’t have their 90-day count reset.
Employees may use Washington State Paid Sick Leave for the following reasons:
Under Washington State Paid Sick Leave, a family member includes:
Washington Paid Sick Leave is compensated at an employee’s normal rate of pay. Important to note for employers, however, is that unused sick leave does not need to be paid out upon termination of employment.
First and foremost, Washington employers must notify their employees of this right to Paid Sick Leave in writing, paper, or electronically. Employers must also provide employees with an initial notice that includes the following information:
Many companies handle these types of required postings with a labor law poster subscription service.
Employers must also provide employees with a monthly statement, paper or electronic, that includes:
These monthly statements may be included in employees' regularly scheduled pay statements.
Due to some of the more unique requirements of Washington State Paid Sick Leave, many employers in the state struggle with managing compliance. Administering Washington Paid Sick Leave can also be quite the challenge without the proper software and solutions at your back.
Businesses that are struggling with Washington Sick Leave should reach out to a Washington Payroll and HR company for assistance, or to learn more about modern timekeeping solutions that can help with managing things like sick leave.
Contact us for help with Washington Sick Leave, or get connected with a Washington Payroll and HR provider today.