Washington State’s paid sick leave law, a result of the 2016 voter-approved Initiative 1433, has ushered in a wave of changes. Employers in Washington state found themselves in a new landscape, where employees gained fresh rights, and employers faced substantial new responsibilities. This transformation brings with it important implications for businesses and their workforce.
Business. Employers in Washington State must provide paid sick leave to employees. This valuable benefit comes courtesy of initiative 1433, a voter-approved mandate from 2016 that brought about several positive changes in workers’ rights.
We take a look into Washington state sick leave policies:
How much paid sick leave can you earn?
You need to earn a minimum of one hour of paid sick leave for every 40 hours you put in at work. Employers have the option to offer additional leave if they decide to do so.
You started earning paid sick leave on your first workday, which could be any day from January 1, 2018, onward.
Your employer must carry over any unused paid sick leave hours, up to a maximum of 40 hours, to the following year if you haven’t used them by the end of the accrual year.
Is sick leave pay the same as regular work hour?
Yes, your employer must compensate you for your earned paid sick leave hours at your regular hourly rate.
Read also: Washington’s minimum wage in 2024: What you need to know
When can you use your sick leave?
You are cant utilize this leave for the following purposes:
- For addressing your own mental or physical illness, injury, or health condition, including obtaining a medical diagnosis or preventive medical care.
- To provide care for a family member (as defined below) who requires assistance with a mental or physical illness, injury, or health condition, or who needs medical diagnosis or preventive medical care.
- If your workplace, your child’s school, or place of care is closed due to health-related reasons by a public official.
- When you are absent from work for reasons that qualify for leave under the state’s Domestic Violence Leave Act (DVLA).
How soon can you start using sick leave?
You can start utilizing your accrued paid sick leave after a waiting period of 90 calendar days from your initial employment with your employer. If you leave your job and are rehired within 12 months, any days you worked before your initial departure will count toward fulfilling this 90-day waiting period.
Which family members can you use paid sick leave to provide care?
You can use paid sick leave to care for the following family members:
- Child – This can include biological, adopted, foster, or stepchildren, as well as children for whom you have legal responsibility.
- Parent – This encompasses biological, adopted, foster, and step-parents, as well as legal guardians, their spouses, registered domestic partners, or those who were responsible for you when you were a minor.
- Spouse.
- Registered domestic partner.
- Grandparent.
- Grandchild.
- Sibling.
Will employer notify you of right to paid sick leave?
Yes, Washington state law mandates that all employers must provide written notice, whether in paper or electronic form, to their employees regarding their entitlement to paid sick leave. This notice must include the following information:
- The employee’s legal right to paid sick leave.
- The rate at which paid sick leave is earned.
- Conditions under which paid sick leave can be used.
- Employers are forbidden from retaliating against employees for utilizing paid sick leave in accordance with the law or for asserting their rights as outlined in the Minimum Wage Act, ensuring employees’ protection.
- How much paid leave you earned since your last notice
- How much unused paid sick leave is available to you
- How much paid sick leave you used since your last notice
- Your employee may use regular payroll statements to notify you
Can taking sick leave cause problems at work?
Using your paid sick leave for any legitimate reason allowed by law should not result in disciplinary action from your employer. It’s crucial to understand that your employer can:
- Ensure you receive at least the current minimum wage.
- Pay any overtime owed to you.
- Refrain from any form of retaliation or negative actions against you for filing a complaint with L&I regarding paid sick leave, minimum wage, overtime, or for exercising any other rights protected by the Minimum Wage Act.
If you suspect your employer is not complying with the law by either failing to provide you with paid sick leave or violating your other rights outlined in the Minimum Wage Act, you have the right to report this to L&I. You can complete the online form below or send it by mail, including any pertinent information or records. Deliver the form and accompanying documents to the nearest L&I office based on the location of the business.
Are employers required to give all employees paid sick leave?
Exceptions to the requirement of paid sick leave exist. They typically pertain to specific professions, such as doctors, lawyers, dentists, and certain executive managers who receive a salary rather than hourly wages and supervise at least two full-time employees.
These exceptions provide greater flexibility in the application of paid sick leave, depending on the employee’s role and responsibilities. However, for the majority of employees in Washington State, the law mandates the provision of paid sick leave, ensuring that workers have access to this important benefit to address their health and well-being needs.
What other protections for workers are in initiative 1433?
Initiative 1433, beyond establishing the paid sick leave requirement, introduces three other significant changes to state law aimed at improving workers’ rights and well-being:
- Incremental Minimum Wage Increase: The initiative outlines a series of scheduled increases in the minimum wage over the coming years. This gradual raise in the minimum wage aims to improve the financial stability and earning potential of workers across the state.
- Fair Distribution of Tips and Service Charges: It ensures the equitable distribution of tips and service charges to the appropriate staff members, ensuring that service industry workers receive the compensation they deserve for their hard work and service.
- Protection Against Retaliation: Initiative 1433 includes provisions to safeguard employees from retaliation when they exercise their rights under the Minimum Wage Act. This protection ensures that workers can confidently assert their rights without fear of negative consequences from their employers.
Source: L&I