(Courtesy of Dept. of Labor and Industries)
The Employment Standards Program at the Department of Labor & Industries (L&I) has updated a policy that provides guidance on a variety of frequently asked questions about paid sick leave.
The policy incorporates changes due to the passage of ESHB 1875, SSB 5101, SSB 5104 during the 2025 legislative session. Existing retaliation and transportation network company standards within Chapter 49.46 RCW and WAC 296-128 are also incorporated.
L&I has also updated policies providing guidance on personnel records. The policies outline the right for employees, former employees, and their representatives to access employees’ personnel files under The Industrial Welfare Act, RCW 49.12.240. These policies have been updated to incorporate changes due to SHB 1308, passed during the 2025 legislative session; and SB 6088, SHB 1942, and ESSB 5111, all passed during the 2024 legislative session.
L&I released a draft of the new policies for public feedback on Dec. 5, 2025.
The final policies are available in Paid Sick Leave ̶Frequently Asked Questions, here; Employee Access to Personnel File, here; and Recordkeeping and Access to Payroll Records (Non-agricultural Employment), here.
Some highlights include:
- Adding instances of hate crimes to acceptable uses of leave under the Domestic Violence Leave Act.
- Authorizing the use of paid sick leave for employees and family members to attend or prepare for immigration proceedings.
- New protections from immigration-related threats and retaliation for using paid sick leave.
- Clarifying that transportation network company drivers are entitled to separate paid sick time standards specific to their industry.
- Industrial Welfare Act updates relating to personnel records.
- Clarifying employment standards for long-term care individual providers.
- Clarifying payments for accrued and unused sick leave for certain construction workers.
- Clarifying the employment standards terms of collective bargaining agreements for minor league baseball players.
If you have questions, please contact the Employment Standards program at 360-902-5316 or by email at ESRules@lni.wa.gov.