Close this search box.

Legislature fixes 2023 construction sick-leave bill

In 2023, the Washington State Legislature passed a bill that required construction employers to cash-out construction workers who do not reach 90 days of employment for their earned, but unused, sick leave at the time of separation. There were exceptions in the bill for construction workers with CBAs if the CBA met specific criteria.

During rulemaking last year, the Department of Labor and Industries interpreted the language in the bill to include construction-office staff — not just construction workers on jobsites — to be eligible to receive a cashout, which was not the original intent of the bill.

In 2024, the Legislature passed Senate Bill 5979, which defines the term construction worker to mean “a worker who performed service, maintenance or construction work on a jobsite, in the field, or in a fabrication shop using the tools of the worker’s trade or craft.” This bill included an emergency clause and went into effect as soon as the Governor signed the bill on March 13, 2024.

For more information, contact AGCW’s Jerry VanderWood.

Share this post