Washington Paid Sick Leave: 1 Hour per 40 Worked

Not a substitute for the advice of an attorney. General information; laws vary by state. Terms of use

The answer

Yes, every employer, 1 hour per 40 worked

Every Washington employer gives paid sick leave to full-time, part-time, temporary and seasonal employees: at least 1 hour for every 40 hours worked, with no annual accrual cap in the law. Unused hours carry over; the carryover may be capped at 40 hours (RCW 49.46.210). (RCW 49.46.210)

“(a) An employee shall accrue at least one hour of paid sick leave for every forty hours worked as an employee.”
RCW 49.46.210 · app.leg.wa.gov · verified Sep 24, 2026

Sick leave policy template

What it means for Washington employers

Washington works differently from most sick leave states in two ways. The accrual rate is slower (1 per 40 rather than 1 per 30), but the law sets no yearly ceiling on how much can be earned, so a full-time employee who works 2,080 hours in a year earns 52 hours. What the employer may limit is the carryover into the next year, and only down to 40 hours. (Washington L&I, Paid Sick Leave)

The Department of Labor and Industries (L&I) expects paperwork on two schedules. By the first day of work, each employee gets a written notice (paper or electronic) of the right to paid sick leave, how much they earn, when it can be used, and that retaliation is prohibited. Then, at least once a month, a statement shows hours earned and used since the last one and the available balance; a regular payroll statement can do this job. (Washington L&I, Paid Sick Leave)

Leave is paid at the employee's normal hourly rate, in the same pay period in which it is used, unless the employer requires verification for absences of more than three days, which needs a written policy. Employees can start using earned leave 90 calendar days after their first day of work. (Washington L&I, Paid Sick Leave)

Operationally, L&I rules out two common practices: requiring the employee to find a replacement before taking leave, and requiring a substitute shift to make up the time. A shift swap or trade instead of sick leave is fine only when both employee and employer agree. (Washington L&I, Paid Sick Leave)

Exceptions and special cases

L&I says only a few workers fall outside the requirement, naming for example doctors, lawyers, dentists and most salaried executive managers. The law has applied since January 1, 2018. (RCW 49.46.210)
Separation: balances generally do not have to be cashed out at the end of employment, unless another state law or a collective bargaining agreement requires it; L&I notes certain construction industry workers must be paid their balance after separation. (RCW 49.46.210)
Rehire within 12 months: the old balance is reinstated whatever the reason the person left, unless it was paid in full at separation, and days worked before leaving count toward the 90-day waiting period. (RCW 49.46.210)

Worked examples

A full-time cook with no time off

2,080 hours worked in a year earns 52 hours of paid sick leave (2,080 divided by 40), because Washington sets no annual accrual cap. If 12 hours remain unused at year end, all 12 carry over; if 52 remain, the employer may cap the carryover at 40. (Washington L&I, Paid Sick Leave)

A seasonal orchard worker who returns

The worker leaves on October 30, 2026 with 9 unused hours after working 60 days and returns on April 5, 2027. That is within 12 months, so the 9 hours come back, and the earlier 60 days count toward the 90-day wait, leaving 30 more days before use. (RCW 49.46.210)

A five-day absence with a verification policy

An employer with a written verification policy may hold payment for an absence longer than three days until verification is provided. Without such a policy, the hours are paid in the same pay period in which they are used. (RCW 49.46.210)

How to act on it

Sick leave policy templateSet the 1 per 40 rate with no yearly cap, a 40-hour carryover limit if you want one, the 90-day wait and any verification rule in writing.Final paycheck deadline calculator (Washington)Check when final wages are due when someone leaves.Washington employer rulebookEvery verified Washington rule, including meal and rest breaks.Paid sick leave laws by stateCompare Washington with Oregon and Idaho.

Paid sick leave: Washington and neighboring states

Each state links to its rulebook. Only rules we verified are shown.

State	Statewide paid sick leave
Washington	Yes, statewide
Oregon	Yes, statewide (full page)
Idaho	Pending verification

Questions about Washington paid sick leave rules

Is there a yearly cap on sick leave accrual in Washington?

No. RCW 49.46.210 sets no annual accrual cap; the employer may only cap the carryover of unused hours into the next year at 40.

How often must Washington employers report sick leave balances?

At least once a month, showing hours earned and used since the last statement and the balance available. Regular payroll statements may be used.

When can new Washington employees use sick leave?

90 calendar days after the first day of work. For someone rehired within 12 months, earlier days worked count toward the 90.

Can a Washington employer make an employee find a replacement before using sick leave?

No. L&I says employers cannot require the employee to cover the shift or work a substitute shift; swapping is allowed only by mutual agreement. (RCW 49.46.210)

Is unused sick leave paid out when a Washington employee quits?

Generally not, unless another state law or a collective bargaining agreement requires it. Certain construction industry workers must receive their balance after separation.

The verified rules behind this page (4)

Accrual: Washington paid sick leave: employees accrue at least one hour of paid sick leave for every 40 hours worked (full-time, part-time, temporary and seasonal alike). The law sets no annual accrual cap. (RCW 49.46.210; verified Sep 24, 2026)
Accrued balance cap: Unused paid sick leave carries over to the next year; employers may cap the carryover at 40 hours. (RCW 49.46.210; verified Sep 24, 2026)
Effective date: Washington's paid sick leave requirement took effect January 1, 2018. (RCW 49.46.210; verified Sep 24, 2026)
Employer coverage: Every employer in Washington must provide paid sick leave to its employees, with only a few exceptions (L&I cites e.g. doctors, lawyers, dentists and most salaried executive managers). (RCW 49.46.210; verified Sep 24, 2026)

Note: If a local ordinance (for example, a city ordinance) requires more generous paid sick leave than state law, the local requirements apply. (RCW 49.46.210; Washington L&I paid sick leave page)

Sources (2)

Checked Sep 24, 2026 · How we verify every rule · Report an error

Washington paid sick leave rules for employers