Key Takeaways
- Federal and state regulations govern Washington state PTO laws. Learn more about PTO laws in Washington state, such as sick, military, voting leave, etc.
- If you manage a business and have employees in Washington, it is crucial to discover the various aspects of the PTO laws. Explore some highlights on accrual, payment, and other elements.
Understand Washington State PTO Laws In 2024
State and federal regulations shape Washington PTO laws. These regulations provide employers access to many leave categories, such as sick leave and holidays.
In contrast to other states, Washington leaves it up to individual employers to decide whether to give Washington state vacation pay upon termination or general PTO. However, the state’s requirement for paid sick leave sets Washington State PTO laws apart; we will discuss this in more depth in the following section.
Washington State PTO payout laws
Washington State PTO Laws 2024
1. Sick Leave
As in every state in the union, Washington is subject to the regular federal Family and Medical Leave Act (FMLA). The leave is job-protected.
For every 40 hours worked, employees in Washington earn at least one hour of paid sick leave. They may use paid sick leave for themselves, a family member, or a sickness, accident, or medical condition. They can also take time off to cope with sexual assault, domestic violence, or stalking.
Furthermore, companies have to permit workers to carry over a maximum of 40 hours of accrued paid sick leave into the following year.
2. Bereavement Leave
Another name for bereavement leave is compassionate leave. It is a time when an employee takes paid or unpaid leave following the loss of a close friend or relative.
In Washington, no federal or state laws govern bereavement leave. Employers can grant paid or unpaid bereavement leave to their employees.
Still, most employers provide bereavement leave. It typically lasts up to 3 work days when a close family member passes away. Some companies are even more generous, giving a maximum of 5 or 6 days.
3. Jury Duty Leave
Jury duty leave policy outlines what to do if employees are called to jury service. Under PTO Washington state laws, employers must grant workers unpaid leave with job protection.
To be granted the leave, an employee must provide a jury summons to the employer. The length of the leave may be extended to the extent necessary by the duties.
As the court in Washington pays jurors $10 a day, employers are exempt from paying employees while they are on jury duty. They can also not fire, threaten with termination, or punish their employees for responding to a jury summons.
4. Voting Leave
PTO laws regarding voting leave
Unlike certain states, Washington does not require employers to provide paid or unpaid time off for voting. Yet, most employers provide time for employees who do not have enough time to cast a ballot after work.
5. Military Leave
The local state law and the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) govern military leave in Washington. USERRA covers employees of the Washington National Guard, the Coast Guard, the US Armed Forces, or the US Public Health Service when called to active service.
Under USERRA, employees who actively serve in the military may be eligible for up to 5 years of unpaid leave. Employers are required to provide military personnel with time off. These employees must also keep up their collective health coverage for 24 months.
6. Community Service Leave
Community service leave is a paid time off that allows employees to volunteer in schools, with specific community service groups, or with human care organizations.
Private employers in Washington have no obligation to provide community service leave, yet employers in the state must all be. State employees can use their community service leave for assistance and community-building activities.
7. Maternity, Paternity, FMLA
Employee unpaid, job-protected leave may last for up to 12 weeks annually for family or medical reasons, like maternity or paternity leave, under the terms of the federal Family and Medical Leave Act (FMLA). An employee must consistently take this leave unless the employer permits otherwise.
Family and Medical Leave Act
Another federal law that protects expectant women is the Pregnancy Discrimination Act (PDA). The PDA states that discrimination against pregnant employees is illegal in all work-related activities, including hiring, firing, compensation, benefits, job assignments, promotions, training, and health insurance.
8. Family and Medical Leave
Paid Family and Medical Leave (PFML) offers paid leave benefits for medical and family-related reasons. It is another name for Washington’s Family Leave Insurance program. Under this policy, all qualified employees can take up to 12 weeks of paid leave annually. PFML is helpful in these situations:
- Recovering from the employee’s serious health condition
- Bonding with a newborn or recently placed child
- Caring for a family member with a severe medical condition
- Dealing with a military exigency arising from a family member’s deployment
If there are several eligible family and medical reasons, the PFML benefits may be extended for a maximum of 16 weeks. When pregnancy-related disability occurs, female employees may be entitled to up to 18 weeks of paid absence.
9. Domestic Violence Leave
Victims and their families can use domestic violence leave
Washington State allows victims of sexual assault, domestic abuse, or stalking to take unpaid leave from their jobs. All employees and their qualifying family members are eligible for this leave.
Victims and their families can use domestic violence leave for the following purposes:
- Legal or law enforcement aid and judicial processes
- Medical and psychological help
- Safety planning
- Help from social service programs
- Relocating
10. Holiday Leave
In Washington, private employers are not obligated to offer paid or unpaid holiday time off. Still, most employers provide many paid holidays.
Furthermore, holiday pay is not required by law. The following is a list of all the official holidays observed in Washington in 2024:
| Holiday | Observed in 2024 | General Date |
| New Year’s Day 2024 | Monday, January 1 | January 1 |
| Martin Luther King, Jr. | Monday, January 15 | 3rd Monday in January |
| Presidents’ Day | Monday, February 19 | 3rd Monday in February |
| Memorial Day | Monday, May 27 | Last Monday in May |
| Juneteenth | Wednesday, June 19 | June 19 |
| Independence Day | Independence Day | July 4 |
| Labor Day | Monday, September 2 | 1st Monday in September |
| Veterans Day | Monday, November 11 | November 11 |
| Thanksgiving Day | Thursday, November 28 | 4th Thursday of November |
| Native American Heritage Day | Friday, November 29 | Day after Thanksgiving |
| Christmas Day | Wednesday, Dec. 25 | December 25 |
Does the Washington State PTO Law Permit the “Use It or Lose It”?
Washington is one of the states that permits a “use it or lose it” policy. It implies that employers are not required to let workers carry over unused paid time off from one year to the next.
Still, many employers permit the rollover of accumulated paid time off. The employment contract or employee handbook should describe the employers’ rollover policies.
Washington permits a “use it or lose it” policy
Can Unused PTO or Sick Leave Be Carried Over Under Washington State Laws?
According to Washington state PTO laws, employees can carry over up to 40 hours of unused paid sick leave every year. This guarantees they can take time off for personal illness, doctor’s visits, or caring for family members.
But, the employer’s policy governs the carryover of unused paid time off; it is not required by law. Employers that give PTO instead of separate sick leave must follow the state’s minimum sick leave standards, including carryover restrictions.
How Does PTO Work for Hourly Employees in Washington State?
Because PTO laws for hourly workers are not expressly governed by law in Washington State, employers don’t have to offer PTO. Still, many employers decide to provide it as a benefit.
For example, the state requires paid sick leave; hourly workers must earn at least one hour for each 40 hours worked.
Employers may provide PTO in place of specific vacation and sick leave. Still, the PTO policy must adhere to the state’s sick leave regulations, permitting accrual and use for sickness or medical needs.
Under Washington State Laws, What Happens to PTO When an Employee is Laid Off?
Washington PTO payout laws upon termination
Unless otherwise specified by the employer’s policy or an employment contract, employers in Washington state are not legally required to pay out employees for unused PTO upon a layoff. Thus, employees must study the company’s regulations to learn about their rights regarding PTO in the case of a layoff.
Yet, unused leave does not have to be reimbursed following termination because employees should use paid sick leave while employed.
Can an Employer Combine Sick Days With Paid Time Off Under PTO Washington State Laws?
In Washington, employers can combine sick and vacation time as long as their paid time off policy meets a few requirements.
- The same minimum accrual rate as the laws governing sick leave in the state.
- Washington demands one hour for every 40 hours of labor.
- Employers pay PTO hours on an hourly basis.
- Carryover at least 40 hours of unused PTO to the following year.
How Can Businesses Legally Adhere to Washington State PTO Laws?
Businesses must abide by the state’s leave policies to legally comply with Washington State’s PTO legislation. They must meet minimum state regulations for domestic violence leave, vacation time, potential PTO carryover, etc.
Luckily, partnering with an Employer of Record (EOR) service, like ERA, makes compliance easier. PTO monitoring, accrual, and policy compliance are just a few of the employment-related tasks that ERA handles. As a result, it keeps your business in line with Washington’s complex labor regulations. Furthermore, it saves you money on any employment and legal compliance liabilities.Contact us now for further information on how our knowledge and assistance may benefit you!
Ms. Tracy has worked in human resource consulting for over 15 years. A driven entrepreneur focused on business expansion and people development. She previously worked as Country Manager for an international Australia firm that specializes in global workforce management, as well as several key roles as Business Growth Director and Executive Search Director for both large local firms to effectively drive their business growth. A strong emphasis is placed on aligning organizational priorities/objectives with business needs. She has a large network of local business leaders and a thorough understanding of the local market.
