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- Category: Employment Law
Like most states, Washington has a substantial number of immigrants that make up a lot of the workforce. Unlike other citizens, though, immigrants have other obligations when it comes to their legal status. So, it’s natural to wonder if you can use your sick leave for immigration matters. Ferraro Vega Employment Lawyers can help you answer these questions and stand up for your rights. Set up a free consultation today to learn more.
Can I Use Sick Leave For Immigration Matters in Washington?
If you’re an immigrant that’s working in Washington, you have the same right to sick leave as any other employee under the law. But as of July 27, 2025, you can use your sick leave to:
- Prepare or participate in judicial matters as they relate to your immigration status.
Further, you can also use your own sick leave to do the same thing for a family member. All of this adds up to an important benefit you can use to take care of your family. With that said, just because a law is in place doesn’t mean your boss will follow it.
Do I Have To Show Anything To Take Sick Leave For My Immigration Hearing?
Even with the law on your side when it comes to using your sick leave for your immigration hearing, it’s still helpful to have backup. Most companies have policies that tell you:
- What you need to take sick leave.
- How and when you need to request it.
Legally, you have every right to take sick leave to attend your immigration hearing, but again, you’re going to need to provide things like:
- A court or hearing notice with your name and the date on it.
- A short letter from your attorney or legal representative confirming your hearing.
- A written statement from you saying you’re attending or preparing for your hearing.
That’s all the law requires—and it’s meant to keep your privacy protected. So what happens if your employer won’t let you take that time off, even when you’ve provided what’s needed?
What Can I Do If My Employer Won’t Let Me Take My Sick Leave For My Immigration Hearing?
Simply put, if you provide everything that shows you have an immigration hearing coming up and you have sick leave to use, your employer has to let you take that time. But again, they might try to argue that you can’t or may just flat out refuse. That is against the law in Washington, and it gives you certain options for making things right:
- Filing an L&I claim. Washington’s Department of Labor & Industries (L&I) handles complaints of sick leave violations. All you have to do is fill out a complaint form, and they’ll investigate things. If they find that your employer violated your rights, they can issue fines and punishments. It’s also usually quicker and less stressful than going to court.
- Filing a lawsuit. If things go further—say you’re fired, demoted, or otherwise treated unfairly—you might have grounds for a lawsuit. That could include asking for:
- Back pay and lost wages if you missed work or lost your job
- Emotional distress damages for the stress and anxiety it caused
- Damage to your reputation if the retaliation hurt your standing at work
A lawsuit isn’t always the first move, but it’s an option if your employer’s actions really cross the line. Our Washington employment lawyers can help you figure out whether that makes sense for your situation.
Contact Ferraro Vega Employment Lawyers For Sick Leave Violations in Washington
Taking care of your immigration case in Washington is already stressful enough. You shouldn’t have to worry about losing your job just because you need to show up for a hearing. If your employer’s making it hard for you to take that time—or if you’ve already been punished for asking—it might be time to talk with our team at Ferraro Vega Employment Lawyers.
We’ll explain how the law works in Washington, what your rights are, and what you can do. Set up a free consultation today to get started.
