By: HUB's Absence Management Team

Overview

On April 25, 2025, Washington Governor Bob Ferguson signed House Bill 1875 into law, expanding the permissible uses of paid sick leave under the state’s Minimum Wage Act (RCW 49.46.210). Effective July 27, 2025, employees may use paid sick leave for matters related to immigration or citizenship proceedings involving themselves or a qualifying family member. This bulletin outlines the key provisions of the law and necessary employer action steps to ensure compliance.

Key Changes to Washington Paid Sick Leave Law

Expanded Reasons for Use

Current law: Washington’s paid sick leave law allows use of leave for an employee’s or a family member’s illness or injury, preventative care, or needs related to domestic violence, sexual assault, or stalking, as well as certain public health emergencies.

Amended law (HB 1875): Beginning July 27, 2025, employees may also use accrued paid sick leave to:

  • Prepare for or attend immigration or citizenship status proceedings
  • Respond to requests or attend interviews with immigration authorities (such as ICE or USCIS)
  • Attend naturalization ceremonies
  • Accompany a family member to any of the above proceedings

These changes reflect Washington’s ongoing commitment to supporting immigrant workers and their families.

Definition of Family Member

Employees may use sick leave for immigration-related proceedings involving a family member, as defined in RCW 49.46.210:

  • Child (biological, adopted, foster, or stepchild)
  • Parent (biological, foster, step, adoptive, or legal guardian)
  • Spouse or registered domestic partner
  • Grandparent or grandchild
  • Sibling

Verification and Confidentiality

  • Verification may be required if the employee is absent for more than three consecutive workdays. Acceptable documentation includes a written statement from the employee, or from an attorney, advocate, clergy member, or medical or service professional.
  • Employers may not request or require documentation that would compromise the employee’s or their family member’s immigration status or security.
  • Information provided must be kept confidential, consistent with Washington’s existing sick leave law and anti-retaliation protections.

Next Steps for Employers

Immediate Actions (Before July 27, 2025)

  • Update Sick Leave Policies: Revise paid sick leave policies and employee handbooks to reflect the new qualifying reasons.
  • Revise Employee Communications: Ensure employee-facing materials and notices include immigration-related leave provisions.
  • Train Managers and HR Teams: Educate appropriate personnel on the expansion and on confidentiality and non-retaliation obligations.
  • Review Payroll and Timekeeping Systems: Confirm that systems can appropriately capture and code this new leave type.

Ongoing Compliance (Post July 27, 2025)

  • Maintain Confidentiality: Be mindful not to request information that could compromise the employee’s or family member’s immigration status.
  • Audit Leave Requests Periodically: Ensure consistency and fairness in applying the expanded sick leave provisions.
  • Monitor for Additional Guidance: Stay informed of any updates or FAQs released by Washington State Department of Labor & Industries (L&I).

Additional Considerations

  • This law applies to all Washington employers, regardless of size.
  • The accrual rate and carryover rules for paid sick leave remain unchanged.
  • The leave must be granted under the same conditions and protections as other allowable uses of paid sick leave.

Additional Resources

For more information regarding Washington leave laws and HB 1991, visit:

If you have any questions, please contact your HUB Advisor. We will continue to monitor and provide updates as more information becomes available. View more Workforce Absence Management updates in our WAM Bulletins page.

NOTICE OF DISCLAIMER
Neither Hub International Limited nor any of its affiliated companies is a law or accounting firm, and therefore they cannot provide legal or tax advice. The information herein is provided for general information only and is not intended to constitute legal or tax advice as to an organization’s specific circumstances. You should consult an attorney, accountant, or other legal or tax professional regarding the application of the general information provided here to your organization’s specific situation in light of your organization’s particular needs.