Washington State Paid Sick Leave

Construction, Employment & Civil Rights

Legislative Changes for 2024

Beginning January 1, 2024, employers must pay any unused and accrued sick leave to construction workers if employment lasts fewer than 90 days.  Payment must occur on or before the next regularly scheduled pay day after separation from employment. This change does not apply to construction workers employed in residential building construction. 

The statute states:

“for workers covered under the North American Industry classification system industry code 23, except for North American industry classification code 236100, residential building construction, who have not met the 90th day eligibility … at the time of separation, the employer must pay the former worker the balance of their accrued and unused paid sick leave at the end of the established pay period … following the worker’s separation.”

  1. Overview

At a minimum, employees must be provided one hour of paid sick leave for every 40 hours worked.

Employers must allow employees to use paid sick leave in increments consistent with the employer’s normal payroll practices.

  •       For example, if you track your employees’ work in 15-minute increments, then employees can use their paid sick leave in 15-minute increments.

Employees are entitled to use paid sick leave that they have accrued once they have reached 90 calendar days of employment.

There is no cap on the amount of paid sick leave hours an employee can accrue within the accrual year. 

Employees must carry over their accrued, unused paid sick leave balances of 40 hours or less from one accrual year to the next.  If you rehire an employee within 12 months of their separation from employment you must reinstate any previously accrued, unused paid sick leave.

*** Note Washington State Paid Sick leave laws do not apply to construction workers covered by a collective bargaining agreement, provided certain requirements are met. RCW

2. Exclusions

RCW 49.46, et. seq., Washington State’s mandatory paid sick leave law, does not apply to overtime exempt, salaried employees in bona fide executive, administrative, or professional positions, or those who are bona fide outside salespersons. 

NOTICE: This Legislative & Case Law Alert does not, and is not intended to, constitute legal advice; the information is not intended to be exhaustive; instead, all information, content, and materials contained herein are for general informational purposes only. 

Moreover, the content herein does not, and is not intended to, create an attorney-client relationship.

The content in this Legislative & Case Law Alert is provided “as is”. 

Should you have any questions or concerns regarding the content please contact any of the attorneys at Dunn & Black, P.S.

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