Washington Paid Sick Leave Law
✓ Verified against official sources · September 1, 2026 RCW 49.46.210
The short answer: Washington requires paid sick leave from every employer: one hour per 40 hours worked with no annual cap on accrual or use, and 40 hours of mandatory carryover.
Accrual rate
1 hour per 40 hours worked
Annual amount
No annual cap — leave is usable as accrued; 40-hour carryover
Employers covered
All employers covered by the Minimum Wage Act
Penalty for non-compliance: Enforced by Washington L&I; withheld sick leave is a wage violation, and willful withholding can double damages under RCW 49.52.070.
Washington's voter-enacted law (Initiative 1433) is built into the Minimum Wage Act: under RCW 49.46.210, every covered employer provides paid sick leave accruing at one hour per 40 hours worked, with use beginning on the 90th day. Distinctively, the statute sets no annual cap on accrual or use — employees use leave as it accrues — while carryover of unused leave is required up to 40 hours, and frontloading is expressly permitted.
Leave covers the employee's or family member's illness and care, closures ordered by public officials, and DV-related needs. No cash-out at separation is required (§ 210(1)(k)), but an employee rehired within 12 months must generally have previously accrued leave reinstated. L&I enforces the law, with willful withholding exposed to double damages under RCW 49.52.070.
For employersWashington has no annual use cap — whatever accrues is usable — and no payout at separation is required, but an employee rehired within 12 months gets their balance back.
For employeesYou accrue one hour per 40 worked from day one and can use leave as it accrues after 90 days of employment — there's no annual cap, and 40 unused hours carry over.
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Washington FAQ
Is there a cap on how much sick leave a Washington employee can use?
No annual use cap — employees may use paid sick leave as it accrues at one hour per 40 worked. Only carryover is capped, at 40 hours (RCW 49.46.210).
Is Washington sick leave paid out at separation?
No — reimbursement at separation isn't required, but an employee rehired by the same employer within 12 months generally gets their accrued balance reinstated.
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Official sources
RCW 49.46.210 — paid sick leave (official text)
Primary source for this page
Washington State Department of Labor & Industries
Washington labor agency
Educational content, not legal advice. Rules change — every fact above was checked against the linked official sources on the date shown.
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How other states compare
| State | Accrual rate | Annual amount | Employers covered |
|---|---|---|---|
| Alaska | 1 hour per 30 hours worked | 40 hrs (under 15 employees) / 56 hrs (15+) | All employers — the cap varies at the 15-employee line |
| Arizona | 1 hour per 30 hours worked | 40 hours (15+ employees) / 24 hours (under 15) | All employers — the cap varies by size |
| California | 1 hour per 30 hours worked (alternative schedules allowed) | Use at least 40 hours / 5 days; accrual cap 80 hours / 10 days | Nearly all employers, regardless of size |
| Colorado | 1 hour per 30 hours worked | Up to 48 hours per year (+80-hour PHE supplement when declared) | All employers — full-time, part-time and temporary employees |
| Connecticut | 1 hour per 30 hours worked | Up to 40 hours per year; 40 hours carryover | 11+ employees now; every employer from Jan 1, 2027 |
| District of Columbia | 1 hour per 37 / 43 / 87 hours worked, by employer size | 7 days (100+) / 5 days (25–99) / 3 days (≤24) | All D.C. employers — tiered by headcount |
| Illinois | 1 hour per 40 hours worked | Up to 40 hours per 12-month period — usable for any purpose | Nearly all employers (school and park districts excluded) |
| Maine | 1 hour per 40 hours worked | Up to 40 hours per year — usable for any reason | More than 10 employees in Maine for 120+ days a year (non-seasonal) |
| Maryland | 1 hour per 30 hours worked | Earn up to 40 hrs/yr; use and bank up to 64 hrs | All — paid at 15+ employees, unpaid at 14 or fewer |
| Massachusetts | 1 hour per 30 hours worked | Up to 40 hours per calendar year | All — paid at 11+ employees, unpaid below |
| Michigan | 1 hour per 30 hours worked (frontloading allowed) | Use up to 72 hrs/yr — 40 hrs at small businesses (≤10 workers) | All employers with one or more employees |
| Minnesota | 1 hour per 30 hours worked | Up to 48 hours per year; bank up to 80 hours with carryover | All employers with one or more employees |
| Missouri | None — the mandate was repealed effective Aug 28, 2025 | No state requirement — employer policy controls | No Missouri employer is required to provide sick leave |
| Nebraska | 1 hour per 30 hours worked, after 80 hours of employment | 40 hrs (11–19 employees) / 56 hrs (20+) | 11+ employees — employers with 10 or fewer are exempt |
| Nevada | 0.01923 hours per hour worked (≈1 per 52; frontloading allowed) | ≈40 hours per benefit year for full-time work — any purpose | Private employers — under-50-employee hardship and other carve-outs |
| New Jersey | 1 hour per 30 hours worked (or 40 hours advanced up front) | Up to 40 hours per benefit year; 40 hours carryover | All New Jersey employers, regardless of size |
| New Mexico | 1 hour per 30 hours worked (or 64 hours frontloaded Jan 1) | Use up to 64 hours per year; 64-hour carryover | All private employers, regardless of size |
| New York | 1 hour per 30 hours worked | 56 hrs paid (100+) / 40 paid (5–99) / 40 unpaid (0–4, ≤$1M income) | Every NY employer — the tier sets paid vs. unpaid and the cap |
| Oregon | 1 hour per 30 hours worked (or 1-1/3 per 40) | Up to 40 hours per year | All — paid at 10+ employees, unpaid under 10 |
| Rhode Island | 1 hour per 35 hours worked | Up to 40 hours per year | Paid at 18+ employees; smaller employers provide unpaid leave |
| Vermont | 1 hour per 52 hours worked | Up to 40 hours per 12-month period | All Vermont employers |
| Washington | 1 hour per 40 hours worked | No annual cap — leave is usable as accrued; 40-hour carryover | All employers covered by the Minimum Wage Act |
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