Time Off Work: Protected Leave In Washington
Protected leave is a legal right to a certain amount of time off for a medical, family care, or personal safety reason. Employees in Washington are entitled to take leave from work for medical reasons, to care for a sick family member, to bond with a new child, and for personal safety or safety of a minor child from domestic or sexual violence. The amount of leave to which you are entitled, and whether the leave time is paid or unpaid, depends on whether you work in Washington or in Oregon (or both) and on the type of leave you are using.
Employees in Washington are entitled to use protected time off for many kinds of medical and family-care situations, and are entitled to return to their original jobs after using protected leave. Depending on the reason for using the leave and whether the need for leave is known in advance (like a scheduled surgery and recovery), employers may be allowed to require employees using protected leave to notify the employer in advance and to submit limited documentation or information about the leave from a medical provider.
Protected leave is time off work. It is different than a job accommodation or remote work. Washington employees with disabilities, who are pregnant or who have from pregnancy-related health issues, or who have been impacted by domestic or sexual violence may have additional and separate rights to job accommodations in addition to their rights to protected leave. Schuck Law assists employees with enforcing their rights under both these types of laws.
Washington Protected Leave Lawyers – Your Rights Are Protected
Employees who have not been paid in full or who have been fired, demoted, denied job restoration, or otherwise suffered retaliatory changes to their employment may be entitled to legal remedies including unpaid wages and late-payment penalties, reinstatement and back wages, lost income due to a demotion or termination, and damages for emotional distress.
Under these laws, employers are often also required to pay the legal fees and costs of a successful employee. At Schuck Law, our experienced employment attorneys work on a contingency basis to recover lost pay and damages for employees at no out-of-pocket cost to our clients.
If you believe your employer has failed to pay sick time to which you are entitled, denied you the use of protected leave time or job restoration, or retaliated against you for using or asking about protected leave, the attorneys at Schuck Law may be able to help.
Contact Schuck Law at 360-566-9243 to set up a consultation with an experienced protected leave attorney in Washington and learn how we can help you.
Protected Leave In Washington
Can my Washington employer deny my medical leave request?
Washington employers can deny medical leave requests if the employee doesn’t meet eligibility requirements, fails to provide documentation for a longer period of leave, or if the length of the leave exceeds legal protections. Generally, the employer has to give the employee an opportunity to correct any missing or incomplete documentation. Employers generally cannot deny leave merely because the leave is inconvenient for the employer, but they can require notice when the employee knows of the need for leave in advance, like for a pre-scheduled medical appointment. Employers cannot retaliate against employees for asking about or requesting protected leave.
Is medical leave paid or unpaid?
All employees who are covered by the Washington Minimum Wage Act are entitled to accrue Washington paid sick time . This is true even if they make more than minimum wage or are paid on a basis other than an hourly wage, like piece-rate or commission. In addition, both Oregon Paid Leave and Washington Paid Leave programs provide partial wage replacement through the state when the leave is for a new child or for a serious health condition of the employee or a family member. Federal law providing protected medical leave doesn’t require the leave to be paid, but employees can use any sick leave, vacation time, or other paid time off during a protected medical leave.
What can I use sick time for in Washington?
Washington employees can use their sick time to cover work absences for illness or injury; for medical appointments including diagnostics and preventive care; to care for a family member who is ill, injured, or needs medical treatment; to make safety arrangements or attend court proceedings if the employee has been a victim of domestic or sexual violence or a hate crime; to attend immigration proceedings for themselves or a close family member; and in the event of a public health emergency that closes the employee’s Internal page hyperlink to Washington workplace or the employee’s child’s school or daycare. Employees who have a serious health condition, who assist or care for a family member with a serious health condition, or who need time off due to the birth or adoption of a child may be entitled to additional protected leave time regardless of whether the employee is also covered by Washington’s sick leave law.
What is a "serious health condition"?
A serious health condition can include an illness, injury, or other medical condition that involves either short- or long-term inpatient care, or continuing treatment by a healthcare provider. Examples include but are not limited to serious illnesses like cancer, major health events like heart attack or stroke, severe injury, chronic or degenerative disorders, pregnancy complications, and mental or behavioral health conditions requiring professional treatment. Generally, to be considered “serious” under a protected medical leave law, the condition must either require periodic or ongoing medical treatment or a course of treatment over several days or more, or it must be a critical or terminal health condition. Eligible employees can use protected leave due to their own serious health condition, or to care for a close family member with a serious health condition.
Is protected medical leave the same as short-term disability?
No. Short-term disability insurance provides partial income replacement when employees cannot work due to a serious injury or illness. Unlike federal and state protected leave laws, short-term disability insurance provides financial support rather than job protection during a leave. Short-term disability insurance doesn’t provide a legal right to medical leave or job reinstatement, but employees who have short-term disability insurance can often use it to supplement their income while also using protected medical leave time.
What job protections do I have during a medical leave?
Generally, employees who are eligible for protected medical leave have the right to return to the same position or an equivalent job with the same pay, benefits, and working conditions. The employer cannot retaliate against an employee for taking leave or interfere with employees’ leave rights. However, employees aren’t protected from mass layoffs, closures, or other job changes that would have affected the employee regardless of the leave status. Employers also don’t have to provide more medical time off than what state and federal laws require, even if the employee remains medically unable to return to work.
Does my health insurance continue during a protected medical leave?
Yes, generally employers must maintain employee health insurance during a protected medical leave on the same terms that apply when the employee is actively working. That means employers must continue to pay any employer-paid portion of the employee’s health insurance premiums, but can also require the employee to pay their ordinary share.
Protected Leave Time in Washington
Washington Sick Leave
Under Washington law, employees who are covered by the Washington Minimum Wage Act are entitled to sick time, even if they make more than minimum wage or are paid on a basis other than an hourly wage (like piece-rate or commission). The most common exceptions to the law are certain types of salaried managers and administrative or other skilled professionals. These exceptions are subject to specific legal requirements and are not determined just by a job title or pay rate alone. Employees who are wrongly classified by their employers as exempt may have a claim for damages if they are denied the use of paid sick time to which they should be entitled. Employees who are genuinely exempt from the Washington Minimum Wage Act may still be entitled to job-protected medical leave under the Washington Paid Family Medical Leave Act (Washington PFMLA), which has different rights and requirements.
Washington paid sick leave accrues at a rate of one hour of sick leave time per 40 hours worked. This is true even if the employee only works part-time or seasonally. Employees can use Washington sick leave to cover part-day or full-day absences. Unused sick leave time of up to 40 hours generally “rolls over” to the following year. Employers do not have to pay out unused sick time at the end of employment, but must pay it timely on payday when it is requested and used.
Washington employees can use sick time for personal illness or injury, to care for a family member who is sick or injured, to attend or take a family member to medical appointments (including preventive care appointments), to take safety measures from domestic violence or sexual assault, or in the event of a public health emergency. Beginning at the end of July 2025, Washington employees can also use sick leave time to prepare for and attend immigration proceedings for themselves or a family member. Employers can require employees to provide a doctor’s note for some types of absences of more than three consecutive days.
must pay the employee for any sick time used at the ordinary rate of pay and must pay the sick leave time on pay day for the pay period in which the time off is used. However, Washington law doesn’t require employers to pay additional amounts for tips or gratuities the employee might have made if they had worked the shift. Employers cannot require an employee to find shift coverage when using Washington sick leave.
Employers in Washington can have policies that provide more sick time than required by law, but they cannot set up policies that provide for less sick time. However, employers can have policies that limit or forbid the use of sick time until at least the 91st day of employment, although employees still continue to accrue sick time for time worked during that period. Employers in Washington are required to notify employees of their earned, used, and available sick leave time at least once per month. Many employers include this information on the employee’s pay stub.
Employers cannot fire or retaliate against employees for asking about their rights to use sick time or for using accrued sick time. Employees who have been denied the use of sick time, denied sick leave pay, or who have been wrongfully fired or have suffered retaliation for asking about or using sick leave time may have legal claims against the employer for money damages, legal costs and fees, and other remedies.
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Washington Paid Family Medical Leave (Washington PFMLA)
Washington employees who worked at least 820 hours in a “qualifying period” (usually, roughly the past year) are entitled to use Washington Paid Family Medical Leave (PFMLA). The State of Washington determines the employee’s eligibility and the amount of the paid benefit, not the employer. However, employees can use any available paid sick time or other paid time off available through their jobs to supplement paid leave benefits that are less than their ordinary salary or wages.
Washington PFMLA can be taken for personal medical leave, family leave, and some types of leave for a family member leaving on or returning from a military deployment. Personal medical leave is time off due to the employee’s own serious health condition. Family leave is time off to care for a family member with a serious health condition, or to care for and bond with a new baby or a new adopted or foster child.
Employees are entitled to use up to 12 weeks of Washington PFMLA per year. The total amount of leave and benefits can be extended in some circumstances if the employee needs to take medical leave time for a pregnancy-related disability and also needs leave for another qualifying reason.
Starting in 2025, Washington expanded the job protections for employees who use Washington PFMLA. Job protection means that employees returning to work after Washington PFMLA leave are entitled to return to the same or an equivalent job, with the same pay, benefits, and schedule. Employees are entitled to job protection if the employer has a certain minimum number of employees and the employee has worked for the employer for a certain amount of time. These protections will continue to expand to protect employees of smaller employers, and employees with less time worked in the job, between 2026 and 2028.
In 2025, the requirements for job protection under Washington PFMLA were that the employer must have at least 50 employees, and the employee must have worked at least 1,250 hours for the employer in the year before the leave. Starting in 2026, the amount of time in job will decrease and employees of smaller employers will start to be covered by the job protections of Washington’s PFMLA law. In 2026, the time-in-job requirement for job protection decreases to 180 calendar days instead of one year, and the requirement of a certain number of hours worked will be eliminated. Also as of 2026, employees of employers of 25 or more employees, not just 50 or more, will be entitled to job protection. In 2027, the protections will expand again to cover employees of employers with 15 or more employees; and starting in 2028, Washington PFMLA will provide job protection to employees of employers with 8 or more employees.
Also starting in 2026, employees can use Washington PFMLA for part-day absences in a minimum increment of 4 hours, as well as for absences of a full day or more.
Employers are required to permit qualifying employees to use their leave time. Employers cannot fire or retaliate against employees for asking about their rights to use Washington PFMLA or for using Washington PFMLA. Employers are also are generally required to maintain employee benefits like health insurance during the leave. Employees who have been wrongfully fired or demoted for using Washington PFMLA leave, or who suffered retaliation for asking about or using PFMLA leave, may have legal claims against the employer for money damages, legal costs and fees, and other remedies.
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Washington Domestic / Sexual Violence Leave (“Safe Leave”)
“Safe Leave” is available to any Washington employees who have suffered domestic or sexual violence or stalking as defined under Washington criminal law and certain legal regulations. Beginning in 2026, the protections and leave entitlements of the “Safe Leave” law will extend to apply to victims of hate crimes as defined by Washington law as well.
Washington employees can use “Safe Leave” to attend legal proceedings, seek law enforcement assistance, attend medical and counseling appointments, obtain victim services, and relocate or take other home security measures, in order to ensure the employee’s own safety or that of the employee’s child, spouse or romantic partner, or parent or grandparent. The “Safe Leave” law also requires covered employers to make requested reasonable safety accommodations for employees who have been victims of domestic or sexual violence, hate crimes, or criminal stalking. Schuck Law assists employees with enforcing their rights under both these types of laws.
Employees are entitled to use any available leave time including sick leave, Washington PFMLA, or other employer-provided time off for the purposes of “Safe Leave.” When using any other type of protected leave for “Safe Leave” purposes, the protections and benefits of those leave laws also apply. Employees are also entitled to take a reasonable amount of unpaid “Safe Leave,” even if they don’t otherwise have any PTO or other time off available.
Employers can require advance notice of leave that is “foreseeable” (like to attend a pre-scheduled appointment or court proceeding), and can request documentation of the need for leave or for a safety accommodation such as a police report, court document, documentation from a medical or legal services provider, or a written affirmation from the employee. Employers may only require enough information to establish that the request is for a safety leave or a safety accommodation due to domestic or sexual violence, hate crimes, or criminal stalking. Employees are not required to give an employer any information that would compromise the employee’s safety.
Generally, an employee using “Safe Leave” is entitled to return to the same or an equivalent position at the conclusion of the leave. Employers are also required to maintain employee benefits like health insurance during the leave.
It is illegal in Washington to discriminate or retaliate against an employee because the employee is a victim of domestic or sexual violence, hate crimes, or criminal stalking; because the employee makes needed use of Washington “Safe Leave” or requests safety accommodations; or because the employee testifies or otherwise assists a victim in a legal proceeding related to the “Safe Leave” law.
Employees who have been denied the use of “Safe Leave,” wrongfully fired or demoted for using Safe Leave, or who suffered employment discrimination because they are victims of domestic or sexual violence, hate crimes, or criminal stalking may have legal claims against the employer for money damages, legal costs and fees, and other remedies.
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