Your Rights to Sick Leave, Vacation, and PTO Wages in Washington State
Employees in Washington may be entitled to wages for sick time, vacation, or paid time off (PTO)—depending on the employer’s policies and state law. These types of time off not only help protect your health and well-being but also carry important wage rights that workers are often unaware of. Understanding your rights can ensure you don’t leave money on the table when you leave a job or experience a dispute.
At Schuck Law, LLC, we represent workers across Washington who need help enforcing their wage rights. If you think your employer has withheld wages for accrued leave, you may have a claim.
Sick Leave Wages Under Washington Law
Washington law requires nearly all employers to provide paid sick leave to their employees. This applies whether you work full-time, part-time, temporary, or seasonal jobs.
Key Protections:
- Accrual: Employees earn at least one hour of paid sick leave for every 40 hours worked.
- Usage: After 90 days of employment, employees can use sick leave for their own illness, to care for a family member, or for reasons related to domestic violence, sexual assault, or stalking.
- Carryover: Unused sick leave must carry over to the following year (up to 40 hours), though employers may choose to be more generous.
- Payment: Sick leave is paid at your normal hourly rate.
Vacation and PTO Wages: How’s that different from sick time?
Unlike sick leave, Washington does not require employers to provide vacation or general PTO (paid time off). However, if your employer offers it, you have rights once those benefits are earned.
Vacation and PTO are limited to the employer’s policy, handbook, or even your employment offer letter. The employer’s written explanation about vacation or PTO are the terms of that benefit you have rights to.
Employers are allowed to combine sick leave with vacation or PTO for just 1 benefit for paid time off. When the employer combines sick time with vacation or PTO, then the time must meet all of the key provisions of sick time listed above.
Common Employer Violations
- Failing to track or pay out accrued sick time, vacation or PTO upon termination
- Refusing to allow earned sick leave use
- Enforcing unclear or inconsistent leave policies
- Incorrectly calculating leave accrual rates
These practices may violate state wage laws and entitle employees to back pay and other damages.
Frequently Asked Questions about Sick Leave, Vacation time and PTO in Washington State
When can I start using my sick time?
Washington law requires that you are employed for at least 90 days before the employer is required to allow you to use your sick time.
Can my employer discipline or fire me for using sick time?
Generally, no. If you have sick time accrued and available, then that time is protected. Read more on our retaliation page for more information.
Can an employer take away accrued time?
Employers can set policies that limit accrual or payout, but they must follow their own rules consistently and communicate them clearly. Employers must allow employees to carry over up to 40 hours of sick time to the next accrual year. Courts in Washington will look at the language in the policies and how the employer applies those policies to determine what is due.
Employers cannot take away accrued time retroactively, and wage theft laws may apply if an employer refuses to pay out earned vacation or PTO without justification.
Can an employer refuse to pay out sick, vacation or PTO during my employment?
If during your employment, you take sick time, vacation time or PTO and have accrued hours available, then your employer is required to pay those wages. The key factors will include: amount of time accrued, amount of time off taken, whether the time off is in the first 90 days of employment, and the employer’s policies.
Does my employer have to pay for unused sick leave, vacation or PTO in Washington at the end of employment?
Maybe. Washington law does not require that employers pay out unused sick leave, vacation or PTO when employment ends. Sick, vacation or PTO are only paid out if the employer has a policy to pay out those wages, or if an employment contract or collective bargaining agreement requires payout.
What should I do if I wasn't paid for my vacation or PTO?
You can file a wage claim with Washington L&I or consult an employment attorney to explore your legal options. You may be entitled to unpaid wages, damages, and attorney fees.
Washington Sick Time, Vacation & PTO Lawyers – Enforcing Your Rights
If you believe you were denied wages for sick leave, vacation, or PTO, you have options. You should consult employment law attorneys to determine if you have wages due. Deadlines, or statute of limitations, apply to any employment law claims. So it’s important to act quickly. Employees typically have three years to file a wage claim in Washington.
Understanding your rights for sick time, vacation, and PTO wages can be confusing. Call 360-566-9243 today to schedule your free phone consultation with a knowledgeable sick time and vacation pay attorney at Schuck Law in Washington.