ES.B.1 Paid Sick Leave – FAQs Page 9 of 22 12/7/2021
day on which the employee is authorized or required by the employer to be on duty on the
employer's premises or at a prescribed workplace.” WAC 296-128-600(2).
B. Once an employee is eligible to use accrued paid sick leave, when does an employer
need to make paid sick leave accruals available to employees for use during ongoing
employment?
Employers must make paid sick leave accruals available to employees for use in a manner
consistent with the employer’s established payment intervals or leave records management
system, but may not exceed one month after the date of accrual. WAC 296-128-630(3).
C. Are employees entitled to use paid sick leave during time periods when the employee
is not required to work?
No, an employee must be required to work to be entitled to the use of their accrued, unused
paid sick leave. An employee is “required to work” when there is a reasonable expectation of
attendance for a work shift.
Example 1: A worker’s regularly scheduled shifts are Monday through Friday, 8:00 a.m.
to 5:00 p.m. This worker never performs work outside of the regularly scheduled shift.
Such worker is not required to work on weekends, and would not be entitled to the use
of paid sick leave on weekends.
Example 2: A school district has a list of 10 substitute teachers to call every time a
teacher becomes ill. Such substitutes are free to decline an offer to substitute when
called without repercussion, and the employer is free to move down the list and call
other available substitutes to fill an absent teacher’s shift. If a substitute declines the
assignment when first called, then such substitute is not “required” to work, as the
substitute has not created a reasonable expectation of attendance. If, however, the
substitute accepts the position (for whatever term of time), creating a reasonable
expectation of attendance, then the substitute would be “required” to work and is
therefore entitled to the use of accrued, unused paid sick leave should the need for the
use of paid sick leave later arise after the substitute accepts the teaching assignment.
D. Can employers require an employee to use their accrued paid sick leave, or deduct
paid sick leave from an employee’s balance, without the employee’s authorization?
No, it is the employee’s right to choose to use accrued, unused paid sick leave for the purposes
authorized at RCW 49.46.210(1)(b) and (c). An employer may not require an employee to use
accrued, unused paid sick leave. If an employee takes time off for what would otherwise be an
authorized purpose under the paid sick leave law, but does not choose to use their accrued,
unused paid sick leave for such time, the employer cannot require the use of the employee’s
accrued, unused paid sick leave to cover this absence. In such a circumstance, the employee’s
absence is not subject to the protections of the MWA (Chapter 49.46 RCW), and the employee
could be subject to discipline for the absence.
E. How does an employer know if an employee intends on using paid sick leave?
Employers should provide employees with policies or other guidelines that outline expectations
for reporting when an employee intends to use paid sick leave and administer these policies
consistently. If there is any ambiguity as to whether an employee intends to use paid sick leave,