A Comprehensive Guide to Employee Leave Laws in Washington

As an employer in Washington, are you aware of the various types of employee leave laws that you must comply with? Failing to provide the required leave can result in costly fines and legal consequences. It's crucial to understand the different leave entitlements to ensure your business remains compliant and your employees are treated fairly.

Washington has several state-specific leave laws that provide greater benefits than federal requirements. These include the Paid Family and Medical Leave (PFML) program, which offers eligible employees up to 12 weeks of paid leave for qualifying reasons, and the Paid Sick Leave law, which mandates that employers provide at least one hour of paid sick leave for every 40 hours worked.

Overview of Employee Leave Laws in Washington

Washington has a comprehensive set of employee leave laws that cover various situations, from sick leave and family leave to domestic violence leave and military leave. These laws are designed to protect employees' rights, promote work-life balance, and ensure that workers can take time off when needed without fear of losing their jobs or facing retaliation.

Some of the key leave laws in Washington include:

Paid Sick Leave: Employees earn at least one hour of paid sick leave for every 40 hours worked, which can be used for personal illness, family member care, or preventive health care.
Paid Family and Medical Leave (PFML): Eligible employees can take up to 12 weeks of paid leave for bonding with a new child, caring for a seriously ill family member, or addressing their own serious health condition.
Family Care Act: Employees can use any available paid leave to care for a sick family member or a child with a health condition.
Domestic Violence Leave: Survivors of domestic violence, sexual assault, or stalking can take reasonable leave to ensure their safety or that of a family member.
Military Leave: Employees who are called to active duty or have a spouse deployed are entitled to certain protections and leave entitlements.

It's essential for employers to familiarize themselves with these laws and develop compliant leave policies. Failing to provide the required leave or retaliating against employees who exercise their rights can lead to costly penalties and damage to your business's reputation.

Understanding Paid Sick Leave in Washington

One of the most significant employee leave laws in Washington is the Paid Sick Leave law, which went into effect on January 1, 2018. This law requires all employers in the state to provide their employees with paid sick leave, regardless of the size of the company or the number of employees.

Under the Paid Sick Leave law, employees accrue at least one hour of paid sick leave for every 40 hours worked. This means that a full-time employee working 40 hours per week will earn approximately 52 hours (or 6.5 days) of paid sick leave per year. Part-time and seasonal employees are also entitled to paid sick leave, accrued at the same rate.

Employees can use their accrued paid sick leave for various reasons, including:

Personal illness or injury: If an employee is sick or injured and unable to work, they can use paid sick leave to recover.
Family member care: Employees can use paid sick leave to care for a sick family member, including a child, spouse, registered domestic partner, parent, grandparent, or sibling.
Medical appointments: Paid sick leave can be used for preventive care, such as doctor's appointments or dental check-ups, for the employee or their family members.
Domestic violence leave: If an employee or their family member is a victim of domestic violence, sexual assault, or stalking, they can use paid sick leave to seek legal or law enforcement assistance, medical treatment, or other necessary services.

Employers must allow employees to carry over up to 40 hours of unused paid sick leave to the following year. However, employers are not required to pay out unused sick leave upon an employee's termination or resignation.

To streamline the process of tracking and managing employee leave, many businesses turn to employee leave management software. These tools automate the accrual and tracking of paid sick leave, ensuring compliance with the law and reducing administrative burdens for HR teams.

Washington's Family and Medical Leave Program

In addition to the Paid Sick Leave law, Washington's employee leave laws also include the Paid Family and Medical Leave (PFML) program. This state-run insurance program, which began providing benefits on January 1, 2020, offers eligible employees partial wage replacement when they need to take extended time off for qualifying family or medical reasons.

To be eligible for PFML benefits, employees must have worked at least 820 hours (about 16 hours per week) during the "qualifying period," which is the first four of the last five completed calendar quarters before the leave begins. The program covers a wide range of leave types, including:

Bonding with a new child: Employees can take up to 12 weeks of leave to bond with a newborn, adopted, or foster child within the first year of placement.
Caring for a seriously ill family member: PFML provides up to 12 weeks of leave to care for a family member with a serious health condition, including a spouse, domestic partner, child, parent, grandparent, grandchild, or sibling.
Addressing the employee's own serious health condition: If an employee is unable to work due to a serious health condition, they may take up to 12 weeks of PFML.
Certain military-connected events: Employees can take up to 12 weeks of leave to prepare for a family member's military deployment or to care for a family member injured in military service.

In some cases, such as when an employee experiences a serious health condition related to pregnancy, they may be eligible for up to 16 weeks of combined family and medical leave.

PFML is funded through a payroll tax, with premiums shared between employers and employees. The total premium is 0.4% of an employee's wages, with employees contributing about 63% and employers contributing about 37%. Small businesses with fewer than 50 employees are not required to pay the employer portion but must still remit employee contributions.

When an employee takes PFML, they will receive a percentage of their average weekly wage, with benefits capped at $1,000 per week. The program also offers job protection, ensuring that employees can return to the same or an equivalent job after their leave ends.

Employers should familiarize themselves with PFML requirements and ensure that their leave policies and practices comply with the law. This includes providing employees with information about the program, remitting premiums, and maintaining proper records. Integrating PFML with existing leave policies and tracking can be complex, so many employers opt to use employee leave management software to streamline the process and maintain compliance with Washington's various leave laws.

Navigating the Washington Family Care Act

Another important aspect of employee leave laws in Washington is the Family Care Act (FCA). This law allows employees to use their accrued paid leave, such as sick leave or vacation time, to care for a sick family member or a child with a health condition. The FCA expands the reasons for which an employee can use their earned paid time off, ensuring that they can prioritize their family's health without fear of losing their job or facing disciplinary action.

Under the FCA, employees can use their available paid leave to:

Care for a sick family member: If an employee's family member has a serious or emergency health condition, the employee can use their paid leave to provide care or arrange for medical treatment.
Provide treatment or supervision for a child: Employees can use their paid leave to care for a child under 18 years old who has a health condition that requires treatment or supervision.

For the purposes of the FCA, "family member" is defined broadly and includes:

Children (biological, adopted, foster, or step)
Parents (biological, adoptive, foster, step, or legal guardian)
Spouses
Registered domestic partners
Grandparents
Grandchildren
Parents-in-law

It's important to note that the FCA does not provide additional leave time; rather, it allows employees to use their existing paid leave for family care purposes. Employers cannot discriminate or retaliate against employees who exercise their rights under the FCA.

To effectively manage employee leave under the FCA and other Washington leave laws, many businesses rely on employee time tracking software. These tools streamline the process of tracking and allocating paid leave, ensuring that employees can easily request time off for family care purposes and that employers can maintain accurate records of leave usage. By automating leave management, businesses can reduce the risk of errors, improve compliance with state and federal regulations, and create a more supportive work environment for their employees.

Domestic Violence Leave in Washington

In addition to the Paid Sick Leave law, PFML, and the FCA, Washington's employee leave laws also include protections for survivors of domestic violence, sexual assault, or stalking. The Washington State Domestic Violence Leave Act (DVLA) allows employees to take reasonable leave from work to address critical safety issues for themselves or their family members.

Under the DVLA, employees who are survivors of domestic violence, sexual assault, or stalking, or who have a family member who is a survivor, can take time off from work to:

Seek legal or law enforcement assistance: Employees can take leave to prepare for and participate in court proceedings, such as obtaining a restraining order or attending a hearing.
Receive medical treatment: Leave can be used to seek medical care for physical or mental injuries resulting from domestic violence, sexual assault, or stalking.
Obtain necessary services: Employees can take time off to access services from domestic violence shelters, crisis centers, or other social services programs.
Relocate or take steps to secure their safety: Leave can be used to relocate to a safe location or take other actions to ensure the employee's safety or the safety of their family members.

Employers must allow employees to use any available paid leave, such as sick leave or vacation time, for DVLA purposes. If an employee has exhausted their paid leave, they may take unpaid leave. The DVLA does not specify a maximum amount of leave time, but it does require that the leave be "reasonable."

Employers may request verification of the need for DVLA leave, such as a police report, court order, or documentation from a healthcare provider or domestic violence advocate. However, employers must maintain the confidentiality of any information provided and cannot discriminate or retaliate against employees who exercise their rights under the DVLA.

To ensure compliance with the DVLA and other Washington employee leave laws, employers should:

Develop clear leave policies: Create written policies that outline employees' rights and responsibilities under the various leave laws, including the DVLA.
Train managers and supervisors: Ensure that all managers and supervisors are familiar with the DVLA and other leave laws and know how to handle leave requests appropriately.
Maintain confidentiality: Protect the privacy of employees who request DVLA leave and keep any documentation or information related to the leave confidential.
Prohibit retaliation: Make it clear that retaliation against employees who exercise their rights under the DVLA or other leave laws will not be tolerated.

By understanding and complying with the DVLA and other employee leave laws in Washington, employers can create a supportive and legally compliant workplace for all employees, including those who may be facing challenging personal circumstances.

Interaction with Federal Leave Laws in Washington

While navigating the various employee leave laws in Washington, employers must also consider how these state regulations interact with federal legislation, such as the Family and Medical Leave Act. Understanding the interplay between state and federal leave laws is crucial for maintaining compliance and ensuring that employees receive the most generous benefits available to them.

In many cases, Washington's leave laws provide more extensive benefits than their federal counterparts. For example, the FMLA applies to employers with 50 or more employees and requires them to provide eligible employees with up to 12 weeks of unpaid, job-protected leave for qualifying reasons. In contrast, Washington's PFML program applies to nearly all employers and offers up to 12 weeks of paid leave, with the possibility of an additional two weeks for pregnancy-related complications.

When both state and federal leave laws apply, employers must comply with the provision that is most beneficial to the employee. This means that if an employee is eligible for both FMLA and PFML, the employer must provide the leave option that offers the most generous benefits in terms of duration, pay, and job protection.

To determine which leave laws apply and how they interact, employers should consider factors such as:

Employer size: Some leave laws, like the FMLA, have minimum employee thresholds, while others, like Washington's PFML, apply to employers of all sizes.
Employee eligibility: Each leave law has its own eligibility requirements based on factors such as length of employment, hours worked, and the reason for the leave.
Leave duration: State and federal laws may offer different amounts of leave time for similar qualifying events, and employers must provide the most generous option.
Pay and benefits: Some leave laws, like PFML, offer paid leave, while others, like the FMLA, only require unpaid leave. Employers must follow the law that provides the most beneficial pay and benefits to the employee.

To navigate the complexities of state and federal leave laws, employers should:

Stay informed: Keep up-to-date with changes to both state and federal leave laws and understand how they impact your business.
Develop comprehensive policies: Create leave policies that incorporate both state and federal requirements and clearly communicate them to employees.
Train managers and supervisors: Ensure that all managers and supervisors understand the various leave laws and how to handle leave requests in compliance with both state and federal regulations.
Maintain accurate records: Keep detailed records of employee leave requests, approvals, and usage to demonstrate compliance with applicable laws.

By understanding the interaction between Washington's employee leave laws and federal legislation, employers can create a legally compliant and supportive workplace that prioritizes the well-being of their employees.

Leave Accrual and Carryover Rules in Washington

When it comes to employee leave laws in Washington, understanding the accrual rates and carryover rules for different types of leave is essential for maintaining compliance and ensuring that employees receive the time off they are entitled to. Let's take a closer look at the accrual and carryover requirements for some of the most common types of leave in Washington.

For paid sick leave, employees accrue at least one hour of leave for every 40 hours worked. This means that a full-time employee working 40 hours per week will earn approximately 52 hours (or 6.5 days) of paid sick leave per year. Part-time and seasonal employees also accrue paid sick leave at the same rate. Employers must allow employees to carry over up to 40 hours of unused paid sick leave to the following year, but they are not required to pay out unused sick leave upon an employee's termination or resignation.

Under the PFML program, eligible employees can take up to 12 weeks of paid leave for qualifying reasons, with an additional two weeks available for pregnancy-related complications. The amount of leave available is not based on an accrual system but rather on the employee's eligibility and the specific qualifying event. To be eligible, employees must have worked at least 820 hours (about 16 hours per week) during the qualifying period, which is the first four of the last five completed calendar quarters before the leave begins.

The FCA does not provide additional leave time but allows employees to use their accrued paid leave, such as sick leave or vacation time, to care for a sick family member or a child with a health condition. The accrual and carryover rules for the paid leave used under the FCA will depend on the employer's specific policies and any applicable state or local regulations.

For leave under the DVLA, there is no specified accrual rate or maximum amount of leave time. Instead, the law requires that employees be allowed to take "reasonable" leave to address critical safety issues related to domestic violence, sexual assault, or stalking. Employers must allow employees to use any available paid leave, such as sick leave or vacation time, for DVLA purposes, and if an employee has exhausted their paid leave, they may take unpaid leave.

To effectively manage the various accrual rates and carryover rules for employee leave in Washington, employers should:

Develop clear policies: Create written policies that outline the accrual rates, carryover rules, and usage requirements for each type of leave available to employees.
Communicate with employees: Ensure that employees understand their leave entitlements, accrual rates, and carryover rules through regular communication and training.
Track leave accrual and usage: Use a reliable system to accurately track employee leave accrual and usage, ensuring that employees receive the leave they are entitled to and that carryover limits are enforced.
Stay updated on legal changes: Keep abreast of any changes to state or local leave laws that may impact accrual rates or carryover requirements, and update policies and practices accordingly.

By understanding and properly managing leave accrual and carryover rules, employers can demonstrate their commitment to compliance with employee leave laws in Washington and create a supportive work environment that prioritizes employee well-being.

Employer Responsibilities and Compliance in Washington

To maintain compliance with employee leave laws in Washington, employers have several key responsibilities. One of the most important obligations is providing employees with proper notice of their leave rights. This includes posting the required notices in a conspicuous location and providing written information about leave policies in employee handbooks or other onboarding materials.

Employers must also maintain accurate records of employee leave accrual, usage, and carryover. These records should include:

Hours worked: Track the number of hours each employee works to determine their leave accrual rates.
Leave accrued: Record the amount of leave each employee has earned based on their hours worked and the applicable accrual rate.
Leave used: Document when employees use their accrued leave, including the dates and reasons for the leave.
Leave carried over: Keep track of any unused leave that is carried over to the next year, ensuring that carryover limits are enforced.

Maintaining comprehensive records not only helps employers stay compliant with leave laws but also provides valuable data for managing workforce planning and productivity.

In addition to record-keeping, employers should develop clear, compliant leave policies that address all applicable state and federal laws. These policies should outline:

Eligibility requirements: Specify which employees are eligible for each type of leave based on factors such as job classification, length of service, and hours worked.
Accrual rates and carryover rules: Detail how leave is accrued, any caps on accrual, and rules for carrying over unused leave to the next year.
Request and approval processes: Explain how employees should request leave, what documentation may be required, and how requests will be approved or denied.
Job protection and reinstatement: Clarify employees' rights to job protection and reinstatement upon returning from leave, as well as any exceptions that may apply.

To streamline leave management and ensure compliance with Washington's complex web of employee leave laws, many employers choose to utilize an all-in-one HR platform. These platforms offer features such as:

Automated leave tracking: Automatically calculate leave accruals, deductions, and carryovers based on company policies and applicable laws.
Self-service portals: Allow employees to easily request leave, view their balances, and track the status of their requests.
Centralized record-keeping: Maintain secure, digital records of leave policies, requests, approvals, and usage in a single, easily accessible location.
Compliance updates: Receive automatic updates to leave policies and procedures as laws and regulations change.

By leveraging technology and staying informed about their obligations under Washington's employee leave laws, employers can create a compliant, efficient, and supportive workplace that benefits both their business and their employees.

Enforcement and Penalties for PTO Violations in Washington

To ensure compliance with employee leave laws in Washington, several state agencies are responsible for enforcing these regulations and investigating potential violations. The primary enforcement agencies include the Washington State Department of Labor & Industries (L&I) and the Employment Security Department (ESD).

L&I is tasked with enforcing various labor laws, including the Minimum Wage Act, which encompasses the Paid Sick Leave law. If an employer fails to provide the required paid sick leave or retaliates against an employee for using their leave, L&I can investigate and impose penalties. These penalties may include:

Monetary fines: Employers may be subject to fines of up to $1,000 per violation for failing to comply with paid sick leave requirements.
Payment of back wages: If an employee was denied paid sick leave or not compensated correctly, the employer may be required to pay back wages and interest.
Reinstatement and retaliation damages: If an employee was terminated or faced retaliation for using paid sick leave, the employer may be ordered to reinstate the employee and pay damages.

The ESD is responsible for administering and enforcing the PFML program. Employers who fail to comply with PFML requirements, such as not remitting premiums or interfering with an employee's right to take leave, may face penalties, including:

Monetary penalties: The ESD can assess penalties of up to $500 per violation for non-compliance with PFML regulations.
Interest on unpaid premiums: If an employer fails to remit PFML premiums, they may be required to pay interest on the unpaid amounts.
Damages and reinstatement: If an employer is found to have retaliated against an employee for using PFML, they may be required to pay damages and reinstate the employee.

In addition to these specific penalties, employers who violate employee leave laws in Washington may also face legal action from affected employees. Employees may file complaints with the appropriate enforcement agency or pursue private lawsuits to seek damages and enforce their rights.

To avoid costly penalties and legal issues, employers should prioritize compliance with all applicable leave laws. This includes:

Providing required leave: Ensure that employees receive the paid sick leave, PFML, and other leave entitlements mandated by law.
Posting notices: Display the required posters and notices informing employees of their leave rights in a conspicuous location.
Maintaining records: Keep accurate records of employee leave accrual, usage, and carryover for at least three years.
Training managers: Educate supervisors and managers on leave laws and company policies to ensure consistent application and prevent retaliation.
Updating policies: Regularly review and update leave policies to reflect changes in state and federal regulations.

By staying informed about their obligations and prioritizing compliance, employers can create a legally sound and supportive workplace that respects employees' rights to take leave when needed.

Navigating the complex landscape of employee leave laws in Washington can be challenging, but by staying informed and prioritizing compliance, you can create a supportive workplace that respects your employees' rights. We understand the importance of streamlining leave management and ensuring compliance with all applicable regulations.

If you're looking for a comprehensive solution to simplify your HR processes and maintain compliance with Washington's leave laws, book a demo with GoCo today and discover how our all-in-one HR platform can help your business thrive.