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Sick Leave and Family/Medical Leave

This page provides a general overview of sick leave requirements and family/medical leave programs for local government employers in Washington State, including the state Paid Family and Medical Leave (PFML) program, the federal Family and Medical Leave Act (FMLA), pregnancy leave, and examples of local policies.

It is part of MRSC’s series on Leave Laws and Policies.

New Legislation: Effective January 1, 2025:

  • ESSB 5793 modifies the State Paid Sick Leave Law to allow an employee to use paid sick leave or sick time in additional circumstances, including: (1) when the employee's or driver's child's school or place of care has been closed after the federal, state, or local government has declared a public emergency; or (2) when necessary to care for an individual who depends on the employee or driver for care or who regularly resides in the employee's or driver's home, so long as the relationship creates an expectation of care. The legislation also expands the definition of child to include a child’s spouse. 
  • SHB 2102 requires health care providers to provide a certification of a serious health condition required for benefits eligibility under the Paid Family and Medical Leave Program within seven calendar days of receiving patient authorization. Prohibits health care providers and health care facilities from charging a fee for such certification.

We will update this webpage once these laws become effective.

 

Overview

Washington local governments are required to follow and implement various federal and state laws related to sick leave, family leave, and medical leave that require employers to offer unpaid or paid time off to eligible employees.

Federal leave laws include the Family and Medical Leave Act (FMLA). State laws related to sick leave and family and medical leave include Washington’s Paid Sick Leave, Paid Family and Medical Leave (PFML), and the Family Care Act (FCA), as well as a requirement to provide pregnancy leave.

In addition to the state and federal laws, many local governments have chosen to adopt their own specialized sick leave policies.

Washington State Paid Sick Leave

Local government agencies are required by the state to provide many employees with paid sick leave (see RCW 49.46.020 and 49.46.200-.210). The minimum elements of the leave (eligibility, whether care can be of others, amount of leave available, required documentation, etc.) are set by state law.

Employee Eligibility

Employees are classified as either exempt from the Fair Labor Standards Act (FLSA) or non-exempt under the FLSA. MRSC covers the difference between these two types of employees on our Overtime and Comp Time webpage.

Only non-exempt employees who are full-time or part-time, or seasonal employees who have worked for more than 90 days for the agency are entitled to paid sick leave under state law. FLSA-exempt employees (i.e., executive, administrative and professional employees, volunteers, and independent contractors) are not entitled to paid sick leave under state law, nor are elected or appointed officials because the term “employee” specifically excludes both FLSA-exempt employees and individuals who hold a public elective or appointive office. See RCW 49.46.010(3)(c) and (l).

Employer Responsibilities

Employer responsibilities for providing paid sick leave under state law are set forth in RCW 49.46.210 and WAC 269-12-600 through 765. The law requires that an employer must:

  • Provide 1 hour of paid sick leave for every 40 hours an employee works, and accumulated leave can be carried over from year to year.
  • Pay employees taking sick leave the normal hourly compensation they would have been paid during the time of the leave. If the employee is nonexempt and is paid a salary, the rate is determined by dividing the annual salary by 52 to get the weekly salary and then dividing that amount by the employee’s normal scheduled hours of work.
  • Allow employees to use sick leave in the same increments as their time is tracked (see WAC 296-128-630).
  • Give employees one-time notice in writing of the availability of the program (either in paper or electronically), the rate at which paid sick leave will accrue and the authorized purposes for use of paid sick leave. Employers are also required to let employees know there will be no retaliation for the lawful use of sick leave.
  • Track and notify each employee of sick leave earned, used, and available.
  • Have a written policy that an employee needs to provide verification of illness if this required for accessing sick leave.

Employee Responsibilities

If an employee is absent for more than three days, the local government can require the employee verify the reason for the absence if there is a written local policy or union agreement outlining the requirement and the policy has been provided to all employees. WAC 296-128-660 sets out detailed information about the verification process for absences exceeding three days. Note that the process cannot impose an unreasonable burden or expense on the employee.

The following qualify as covered uses for sick leave:

  • For an employee to care for self or seek care during illness or injury, or for physical or mental health condition.
  • For visits to doctor, dentist, or other healthcare provider.
  • To seek preventive care.
  • If the employee’s workplace or child’s school or daycare has been ordered closed by a public official for any health-related reason.
  • For any leave qualifying under domestic violence leave.
  • To care for the employee’s spouse or domestic partner, parent, child, grandparent, grandchild, or sibling during illness or injury, or for a physical or mental health condition, or for a medical diagnosis or preventative medical care.

For further information on the state requirements, see the Washington State Department of Labor and Industries' (L&I) Paid Sick Leave webpage.

Examples of Local Agency Policies on Sick Leave

While local governments are required to provide sick leave as set forth in state law, they may also offer more generous paid sick leave through their own policies or collective bargaining agreements. Examples of more generous sick leave terms include sick leave provided to FLSA-exempt employees, cashout of sick leave hours upon leaving employment, and a higher sick leave accrual rate.

The following codes or ordinances are examples of local governments providing more generous paid sick leave requirements than state law requires:

  • Franklin County Resolution No. 2017-364 (2017) — Offers 8 hours of paid sick leave per month for an employee who works 40 hours a week, and 7.5 hours for an employee who works 37.5 hours per week; Also allows a carryover of 900 hours for a 37.5 hour/week employee and 960 hours for a 40 hour per week employee.
  • Issaquah Resolution No. 2017-17 (2017) — Provides for sick leave cashout for some employees but not all; allows for use of paid sick leave by regular full-time employees as of the date of their hire.
  • Kirkland Ordinance No. O-4635 (2018) — Provides a sick leave accrual at the rate of 8 hours per month; allows unlimited number of carry over hours; and provides a cashout of hours for some employees when they leave city employment.

Washington State Paid Family and Medical Leave (PFML)

Washington State’s mandatory Paid Family and Medical Leave program (PFML), chapter 50A RCW, allows eligible employees to be paid a portion of their wages, for up to 12 weeks in a 12-month period in most cases, if they miss work for: 

  • The birth of a child.
  • The adoption of a child under 18 years old.
  • Their own or a family member's serious illness or injury.
  • Certain military-connected events.
  • The death of a child either pre-birth or during the 12 months after birth or placement (leave limited to 7 calendar days).

The definition of “family member” in RCW 50A.05.010 includes not only a child, grandchild, grandparent, parent, sibling, or spouse of the employee, but also any individual where the relationship creates an expectation that the employee care for that individual, regardless of whether or not they live in the same home.

The Employment Security Department (ESD) is responsible for administering the PFML program. While PFML is available to all employees working in Washington State, including those who work for local governments, the role of the local government is limited to collecting premiums, posting notices, and reporting.

This legislation replaced the Washington Family Leave Act, formerly codified at chapter 49.78 RCW.

Employee Eligibility

To qualify for benefits, employees must work 820 hours or more (RCW 50A.15.010), at one job or combined from multiple jobs, in the "qualifying period," which is defined as:

  • The first four of the last five completed calendar quarters, or
  • The last four completed calendar quarters.

Employee Responsibilities

Employees are required to provide advance notice and medical certification prior to taking leave, both of which are explored in greater detail below.

Advance Notice

Employees are required to provide notice of their intention to take family and medical leave not less than 30 days before the leave is to begin, or, in emergency situations, as soon as reasonably possible (RCW 50A.15.030).

Medical Certification

If the leave request is for medical reasons, employees must submit medical certification to ESD when they apply for leave benefits as part of the application process in order to gather sufficient information to determine whether the requested leave qualifies for coverage (RCW 50A.15.040). Health care providers must provide the certification free-of-charge within seven calendar days of receiving patient authorization (RCW 70.02.030).

Medical certification is not required for paid leave benefits used in the post-natal period, six weeks following the birth of a child — see RCW 50A.15.020(4).

Employer Responsibilities

Employers, regardless of size, are required to:

  • Collect and remit premiums from employees to the ESD (RCW 50A.20.030)
  • Report information, such as employees' wages and hours worked, to the ESD on a quarterly basis (RCW 50A.20.030)
  • Hang the required poster and notices in the workplace (RCW 50A.20.010 and 50A.20.020)

Employers with 50 or more employees are also required to provide job protection and health insurance coverage during an employee's PFML-related leave. All employer requirements are explored in more detail below.

Premium Payments

Employers are required to pay premiums to the state for the program. The premium rate for each year is established by the ESD based on the family and medical insurance account balance ratio — see RCW 50A.10.030(6). The employee’s wages are only taxable up to the Social Security wage base; any income above that cap is not subject to family and medical leave premiums.

  • For employers with 50 or more employees, the premium is split between the employer and the employee. Employers may also optionally pay for all or part of the employee’s share.
  • For employers with fewer than 50 employees, the employer is not required to pay the employer portion of the premium but must still collect the employee’s share and pay those funds to the state. If the employer elects to pay the employer’s portion, the employer is eligible for grant assistance under RCW 50A.24.010.

For assistance calculating the premiums, see the state's Premiums Estimator. The premiums are remitted quarterly to the state with payment due at the end of the next month following the end of each quarter. View reporting deadlines on the ESD website.

Employers also have an option to use a voluntary local plan in lieu of the state’s PFML plan. To be approved, the plan’s benefits must meet or exceed those provided by the state plan. ESD maintains a list of current employers with approved voluntary plans.

Reporting

Employers should be prepared to report the following information for each employee:

  • Full name;
  • Social Security Number or Individual Taxpayer Identification Number (ITIN) if no SSN;
  • Zip code of primary work location;
  • Job title;
  • Start date;
  • Wages paid during that quarter; and
  • Total hours worked during that quarter.

For further details, see the ESD webpage on Reporting.

Poster and Notices

Employers must notify employees of the PFML program by posting a required poster in the workplace. ESD’s webpage on employer role and responsibilities offers PFML posters in both Spanish and English.

Additionally, when employers become aware that an employee may be eligible for PFML benefits, they must let the employee know they may qualify through a notice (see sample notice). Employers are required to send this notice within five business days of learning an employee may be eligible for PFML benefits.

The ESD’s Paid Family and Medical Leave website provides the most up-to-date information on program requirements.

Job Protection

Employers with less than 50 employees are not required to provide job protection for employees taking leave under the PFML program.

Employers with 50 or more employees are required to provide job protection for the duration of the employee’s PFML (RCW 50A.35.010), provided the employee has:

  • Worked for 12 months or longer; and
  • Worked for 1,250 hours (about 24 hours a week) in the year before the first day they take paid leave.

Employees who meet those factors are entitled to be restored to the position they held when the leave began or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. However, the protection does not apply to an employee who is among the highest paid 10% of the employer’s employees.

Continuation of Health Insurance During Leave

Employers with 50 or more employees must maintain existing health insurance coverage for an employee taking PFML (RCW 50A.35.020). Note that the employee remains responsible for their share of any health insurance premiums while on PFML.

Employees with fewer than 50 employees are not required to maintain health insurance coverage for an employee on PFML, but agencies may elect to do so under local policy.

Examples of Local Policies Integrating PFML

Also, see King County's Protected Family and Medical Leave Request Form from 2019.

Federal Family and Medical Leave Act (FMLA)

The federal Family and Medical Leave Act (FMLA), 29 C.F.R. § 825 requires employers with 50 or more employees to provide eligible employees with, generally, up to 12 weeks of unpaid leave in a 12-month period for:

  • The birth of a child or placement of an adopted or foster child; or
  • The serious health or emergency condition of the employee or close family member.

The FMLA also provides eligible employees with:

  • Up to 12 weeks of leave in a 12-month period for qualifying exigencies that arise when the eligible employee’s spouse, child, or parent is on covered military duty or has been notified of an impending call or order to covered military active duty. For more information, see our webpage on Military Leave and Reemployment Rights.
  • Up to 26 weeks of leave in a 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, child, parent, or next of kin.

FMLA leave may be taken during a continuous period, intermittently, or on a reduced leave schedule under certain medical conditions.

While FMLA leave is unpaid, local policy can require that paid leave provided by the agency be taken during an employee’s FMLA leave. In this circumstance, the paid leave provided by the employer will run concurrently with the unpaid FMLA leave. State law provides that PFML must be taken concurrently with FMLA (RCW 50A.15.110), but there are some considerations about PFML and FMLA running concurrently, including:

  1. The leave may be covered by PFML but not FMLA; and
  2. An employer cannot compel an employee to take PFML.

FMLA Covered Employers and Eligible Employees

All public agencies, including local governments, are "covered employers" under the FMLA, regardless of how many employees they have. This is unlike private-sector businesses, which are exempted if they have fewer than 50 employees (29 C.F.R. § 825.104).

29 C.F.R. § 825.110 defines employees eligible for FMLA benefits. To be eligible, an individual must have worked:

  • For a "covered employer" for at least 1,250 hours in the 12-month period immediately preceding the leave; and
  • At a location where local government employer has at least 50 employees within 75 miles of the worksite.

Applicability of FMLA to small agencies: While all local governments are "covered employers" regardless of size, employees working for small public agencies under 50 employees are not eligible for FMLA leave and benefits due to the requirement that the employee work at a location where the employer has at least 50 employees within 75 miles. Nevertheless, all covered employers (including small public agencies) must follow other employer responsibilities (see section below).

Employer Responsibilities

Under the FMLA all “covered employers” are required:

Enforcement of the FMLA provisions is administered by the U.S. Department of Labor (DOL) Wage and Hour Division. For more resources, including fact sheets, forms, and guidance, see the DOL’s Family and Medical Leave Act webpage.

Washington Family Care Act

The Family Care Act (RCW 49.12.265-.295; WAC 296-130) allows an employee to choose whether to use paid sick leave or other paid leave, such as vacation, to care for a qualifying family member. Qualifying family members include:

  • A sick minor child with a routine illness.
  • A spouse, registered domestic partner, parent, parent-in-law, or grandparent with a serious or emergency health condition.
  • A sick adult child who is incapable of self-care because of a physical or mental disability.

This type of leave is available to all employees whose employer provides paid leave either by policy or collective bargaining agreement. If an employee has no accrued vacation, sick leave, or other paid leave available, the Family Care Act does not apply.

For additional information, see L&I’s Family Care Act webpage.

Examples of Local Family Care Act Policies

Pregnancy (Maternity Disability) Leave

WAC 132-30-020 requires an employer with eight or more employees to treat a pregnant woman who is sick or disabled due to her pregnancy in the same way that it would treat another employee who is temporarily disabled. Thus, if an employer offers paid leave for sickness or other temporary disabilities, the employer should provide paid leave for pregnancy related sickness or disabilities. If the employer permits extensions of leave time (e.g., use of vacation or leave without pay) for sickness or other temporary disabilities, the employer should permit such extensions for pregnancy related sickness or disabilities. 

The state’s Human Rights Commission enforces discrimination laws, including those related to the treatment of pregnant women. Similar authority is provided by federal laws against discrimination (29 C.F.R. § 1604.10).

For additional information, see L&I’s webpage on Pregnancy and Parental Leave.

Examples of Local Pregnancy Leave Policies

  • Chelan County Municipal Code Sec. 1.20.850 — Establishes that the county will not discriminate against employees dealing with pregnancy-related illness or disabilities and describes the leave as a separate and distinct from FMLA. 
  • Mason County Personnel Policies Sec. 7.7.6 (2022) — Includes a concise description of the leave and clarifies that the entitlement runs for the full period of pregnancy related disability even if disabled for longer than the 12 weeks of unpaid leave allowed under the FMLA.
  • Vancouver Employment Policy Manual Sec. 219 (2022) — Presents the policy in a concise Q&A format while covering many aspects of the leave, including whether leave is paid, how to request the leave, whether benefits are continued, medical certification requirements, and more.

Recommended Resources


Last Modified: June 17, 2024