As a reminder for all employers with employees working in the state of Washington, the Department of Labor and Industries (L&I) updated its rules on paid sick leave and personnel records. The changes expand the qualifying reasons for using paid sick leave, including immigration related proceedings effective July 27, 2025, and protections connected to the impacts of hate crimes.

The updated rules also prohibit immigration related threats or retaliation and include new guidance for construction employers and transportation network companies. In addition, employers must now provide personnel files within 21 calendar days when an employee or former employee requests them.

What Employers Need to Do

1. Update Washington Paid Sick Leave Rights and Records

• What to Do: Add Washington’s new qualifying reasons for paid sick leave (immigration‑related proceedings, hate crime impacts, and the updated “family member” definition), and ensure your sick leave practices and records align with L&I’s latest guidance and FAQs.

• How to Implement: Update WA sick leave policies, handbook, and onboarding materials to reflect all covered reasons and the current “family member” definition, reissue updated notices and verify payroll/HRIS, and employee statements accurately show sick leave accrual, usage, balances, carryover, and are retained for at least three years.

2. Strengthen Protections: Anti‑retaliation, Immigration, and Records Access

• What to Do: Prohibit immigration‑related threats, unnecessary document demands, and any retaliation when employees use paid sick leave or request access to personnel or payroll records and meet Washington’s 21‑day response obligations.

• How to Implement: Revise anti‑retaliation, leave, records access, and personnel file procedures to:

• Explicitly ban immigration‑related threats and adverse actions tied to protected leave or records requests,
  • Provide free personnel file copies and termination statements within 21 days via a central HR intake and tracking process, and
  • Train managers using a brief briefing or job aid with clear “do/don’t” examples.

3. Apply Sector‑specific Rules (Construction and TNCs, if Applicable) 

• What to Do: For construction employers and transportation network companies (TNCs), ensure paid sick leave practices follow L&I’s current sector‑specific rules.

• How to Implement: For construction, review policies and end‑of‑employment processes for short‑term workers, including any required sick leave payout under L&I rules; for TNCs, align driver accrual, usage rules, platform messaging, and payout practices with L&I’s paid sick leave guidance.

Overview

• Paid Sick Leave: New covered reasons, anti‑retaliation protections, and industry clarifications for construction and transportation network companies.

• Personnel Files: Clear 21‑day deadline to provide a free copy to employees, former employees (within three years), or their authorized de signees; and a written termination statement due within 21 days upon request.

• Recordkeeping: Maintain all required non‑agricultural payroll records for at least three years and ensure all paid sick leave balances, carryover amounts, and statements are accurate and provided on time.

Why this matters:

• Compliance Risk: Missed deadlines or incomplete files can lead to statutory damages and legal fees.

• Consistent Practices: Clear rules reduce disputes and speed responses to employees and regulators.

• Manager Readiness: Helps managers avoid unlawful document requests and supports employees who use protected leave. 

Key Risks for Employers

• Failing to update paid sick leave policies and notices for the new covered reasons.
• Retaliation (or behavior that appears retaliatory) against employees who use protected leave.
• Missing the 21-day turnaround for personnel files or termination statements.
• Gaps in payroll record content, retention, or monthly sick leave reporting.
• Overlooking construction‑specific sick leave payout rules or transportation network company standards.

Source References:

• Washington L&I – Press Release (02/06/2026)
• Washington L&I – Paid Sick Leave
• Washington L&I – Payroll & Personnel Records
• WA L&I – Employee Access to Personnel File (Rev. 1/21/2026)
• WA L&I – PAID SICK LEAVE – FAQs
• Washington Expands Paid Sick Leave Benefits to Include Immigration Proceedings (VensureHR)
• Washington Extends Leave and Accommodations to Hate Crime Victims (VensureHR)
• Washington Expands Protections by Banning Immigration Status Coercion (VensureHR)
• Washington Replaces Personnel File Access Law with New Rules for Employers (VensureHR)

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.