WA Paid Sick Leave Law

What is this?

In the fall of 2016, Washington voters approved Initiative 1433 which included a mandatory paid sick leave law effective January 1, 2018.

The mandatory sick leave accrual is 1 hour for every 40 hours worked including overtime (1:40) and a minimum carryover of 40 hours.

Who qualifies?

Applicable to every Washington employer and must be offered to part-time and seasonal workers. However, employees that are exempt from WA Minimum Wage Act are not entitled to paid sick leave.

When can they use paid sick time?

  • Any absence that qualifies for leave under the WA State Domestic Violence Leave
  • When the employee’s workplace, child school, or place of care, have been closed by public officials for health related reasons.
  • To care for themselves, or a family member in the event of a mental or physical illness, injury, or health condition, and to accommodate their need for medical diagnosis, care, or treatment.

Timing

Washington Paid Sick Leave goes into effect on January 1, 2018. Employees will be able to use sick time beginning on the 90th calendar day after the commencement of their employment.

Carryover

Employees must be able to carry over at least 40 hours of accrued paid sick leave to the following year.

Additional Resources

BIAS Software – Sick Leave by Percentage Guide

WA –  Initaiative 1433

RCW 49.46.210(1)(a) Requires that “An employee shall accrue at least one hour of paid sick leave for every forty hours worked as an employee.”

RCW 49.26.210(1(j) provides that “Unused paid sick leave carries over to the following year, except that an employer is not required to allow an employee to carry over paid sick leave in excess of forty hours.”

L&I Enforcement Agency – WAC 296-128 (Starts on page 3)

WA Dept of Labor & Industries – Fact Sheet

Other Source: Zenefits

 

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