Farmworkers: Paid sick leave

Employers are required to give you 1 hour of paid sick leave for every 40 hours worked.

For example, if you are a part-time employee working 20 hours per week, you will earn 1 hour every 2 weeks. If you work 40 hours per week, you will earn 1 hour every week. 

There is no cap on the amount of paid sick leave hours a worker can earn within 1 accrual year. Employers must carry over your paid sick leave balance up to 40 hours to the next accrual year.

Generally, when you leave a job, your employer will not be required to pay you any unused paid sick leave you have earned.

You can use paid sick leave for any of these reasons: 

• hours needed for your health needs or the health needs of your family members, including illness, injuries, and preventative medical care appointments
• hours needed because your workplace, child’s school, or child’s daycare is closed by a public official for a health-related reason, or an emergency declaration
• hours needed to take leave under the Domestic Violence Leave Act for survivors of domestic violence, sexual assault, or stalking
• hours needed to prepare for and attend an immigration proceeding for you or a family member

Family members include your child, spouse, parent, grandparent, grandchild, sibling, or any other individual whose relationship with you creates an expectation that you will care for them and who  depends on you for care.

No, you do not need to find a replacement to take paid sick leave.

You can start using paid sick leave 90 days after your first day of work with your employer.

If you left the employer and are rehired within 12 months, any days you worked before will count towards the 90 days.

Your employer should give you a statement (which can be your paycheck) at least once a month that shows you how much paid sick leave: 

• you have earned
• you have used
• is available to use. 

Employers can’t require you to give a doctor’s note or other documentation unless:

• you are taking more than 3 consecutive days paid sick leave AND
• your employer has given you a written policy that includes an exception to producing documentation if it would cause you unreasonable burden or expense.

Example: if you do not have health insurance and would have to pay the full cost of a doctor’s visit to obtain a note, it may be an unreasonable burden or expense.

Employers can’t require the doctor’s note to include information about your health condition.

You must follow your employer’s policy about giving advanced notice to take paid sick leave, as long as the need is foreseeable. 

If the need to take paid sick leave is not foreseeable (as in an emergency), your employer may require you to give notice as soon as possible before the start of your shift. 

You may ask someone else to give notice to your employer if it’s not possible for you to give notice yourself.

You may be eligible for up to 12 weeks of Washington’s Paid Family Medical Leave (PFMLA) or federal unpaid Family Medical Leave Act (FMLA) time off if you or a family member has a serious health condition. Talk to your medical provider about these options.

Learn more about Paid Family Medical Leave from paidleave.wa.gov.

In the alternative, if you have a temporary disability, you may be able to ask for unpaid leave as a reasonable accommodation to allow you to heal and return to work. 

If your employer won’t let you take paid sick leave hours that you have earned, you can file a have the right to file a workplace rights complaint with Washington’s Department of Labor and Industries (LNI). 

It is illegal for your employer to retaliate against you for:

• taking earned paid sick leave hours
• counting your paid sick leave time as an absence that could lead to discipline
• filing a complaint with LNI.

If your employer retaliates against you, you can include that in your workplace rights complaint.

Washington’s Department of Labor & Industries has more detailed information about Paid Sick Leave.

Northwest Justice Project's Farmworker Unit, La Unidad Campesina de NJP, with offices in Yakima and Wenatchee, provides advocacy and individual legal representation to farmworkers and their families to ensure that they are afforded a full range of legal protections.

Yakima Office
311 N. 4^th St., Suite 201 
Yakima, WA 98901
509-225-0026

Wenatchee Office
300 Okanogan Ave. Suite 3A 
Wenatchee, WA 98801
509-664-5101

Learn more about Northwest Justice Project's Farmworker Unit, La Unidad Campesina de NJP.