Can an Employer Deny Unpaid Time Off in Washington State?

Yes, in some cases. Washington employers are not required to provide unpaid time off to employees, although many do. If employers do provide unpaid time off, they can still choose not to approve an employee’s request. The exception would be in cases involving time off requested for reasons protected by the federal Family and Medical Leave Act and Washington’s Family Care Act.

Does My Employer Have to Give Me Paid and Unpaid Time Off in Washington?

Washington State businesses aren’t required to provide paid time off and vacation time for workers. Local companies also don’t have to provide any unpaid time off or leave.

If companies do provide paid or unpaid leave, they still have the right to deny a vacation request or an unpaid leave request, even if the employee has it to use.

There are a couple of exceptions that force employers to allow unpaid and paid leave requests.

If an employee wants time off for a reason protected by the Federal Family and Medical Leave Act (FMLA), it must be approved. The FMLA protects eligible workers at businesses with 50 or more employees and also employees at public agencies, like city, county, state workers and school employees.

These are the circumstances covered by the FMLA:

• Twelve workweeks of leave (in a single year) for a child’s birth
• Twelve workweeks of leave for the adoption or fostering of a child
• Twelve workweeks of leave for a serious health issue suffered by the employee’s spouse, child, or parent
• Twelve workweeks of leave for an employee with a serious health condition
• Twelve workweeks of leave when a spouse, son, daughter, or parent must leave for “covered active military duty”
• Twenty-six workweeks to care for a family member in the military suffering from an injury or illness (military caregiver leave)

Washington’s Family Care Act and Paid Leave for Employees

Workers in our state are also protected by the Washington Family Care Act (FCA). This can be used in conjunction with the FMLA.

The FCA forces employers to grant paid time off to employees who have family emergencies that involve:

• Providing treatment or supervision for a child with a health condition
• Caring for a qualifying family member with a serious or emergency health condition

Does Washington Force Employers to Provide Sick Leave?

Washington employers are required to provide paid leave for sickness and the care of sick relatives.

RCW 49.46.210 explains the bare minimum that employers must provide:

“(a) An employee shall accrue at least one hour of paid sick leave for every forty hours worked as an employee. An employer may provide paid sick leave in advance of accrual provided that such front-loading meets or exceeds the requirements of this section for accrual, use, and carryover of paid sick leave.”

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

According to Washington’s Department of Industrial Relations (L&I), sick leave can be used for these purposes:

• A mental or physical illness, injury, or health condition.
• To diagnose, care for, or treat a mental or physical illness, injury, or health condition.
• To receive preventive medical care.
• For leave that qualifies under the state’s Domestic Violence Leave Act.
• If an employee’s workplace, or their child’s school or place of care, has been closed by order of a public official for a health-related reason.

Contact a Washington Unpaid Wage Lawyer Today

If your employer refuses to give you time off that was promised or won’t allow you time away for reasons protected by state and federal law, you should speak to a Washington Unpaid Wage Lawyer about your options.

A lawyer can help you protect your rights and recover lost benefits and wages. Your lawyer would also be your safeguard if an employer decided to retaliate against you for standing up for your rights.

We help victims regardless of their immigration status. Labor laws are in place to protect everyone.

Contact Ferraro Vega Employment Lawyers today to discuss what you’re going through in a free, confidential case consultation. There’s no obligation for this case review.