Employee handbook requirements in Washington (2026)

1 hour per 40 hours worked; NO annual accrual cap and NO annual use cap (WA law expressly prohibits capping accrual or use); all unused leave carries over year to year with no cap. Use restriction: employees may not use accrued leave until after 90 calendar days of employment (accrual begins immediately on day 1). Frontload option: employer may frontload 40 hours at the start of the year to satisfy the annual accrual obligation in lieu of tracking, but this does not create a cap. Covered reasons: own illness/injury, family care, domestic violence/sexual assault/stalking safe leave, public health emergency, immigration proceedings (WA HB 1762, eff. July 27, 2025). No employer size threshold. WA L&I enforcement.

State-administered PFML: up to 12 weeks family leave + 12 weeks medical leave per year; up to 16 combined (18 if pregnancy complications). ≈90% wage replacement for lower earners. Employee must have 820 hrs worked in WA in prior year.

Washington State sets its own exempt salary threshold for EAP (Executive, Administrative, Professional) overtime exemptions, well above the federal FLSA floor. 2026 threshold: $1,541.70/week ($80,168.40/year) for all Washington employers regardless of size. There is no small/large employer split. This threshold adjusts annually on January 1 based on 2.5× Washington's minimum wage. An employee who satisfies the federal duties test but earns between $35,568 (federal floor) and $80,168.40 is NOT overtime-exempt in Washington — they remain non-exempt under WA state law.

Washington SB 5123 (effective January 1, 2024) prohibits employers from discriminating in hiring based on an employee's off-duty, off-premises cannabis use or a pre-employment drug test that detects non-psychoactive cannabis metabolites. Employers may not refuse to hire based on a positive pre-employment test for cannabis alone. Exceptions: (1) positions requiring federal background investigation or security clearance; (2) jobs requiring a federal contractor drug testing program; (3) safety-sensitive positions (defined in the statute); (4) any position where a federal or state law requires testing. Employers RETAIN the right to prohibit cannabis use during work hours and on work premises, and to discipline for being impaired at work.

Washington employers with 15+ employees must disclose the wage scale or salary range and a general description of benefits and other compensation in each job posting.

Seattle PSST applies to all employers (regardless of where based) with employees who perform work in Seattle. Three tiers based on total worldwide FTE count: TIER 1 (1–49 worldwide FTEs): accrual 1 hr per 40 hrs worked; annual use cap 40 hrs; annual carryover cap 40 hrs. TIER 2 (50–249 worldwide FTEs): accrual 1 hr per 40 hrs worked; annual use cap 56 hrs; annual carryover cap 56 hrs. TIER 3 (250+ worldwide FTEs): accrual 1 hr per 30 hrs worked; annual use cap 72 hrs; annual carryover cap 72 hrs (or 108 hrs if employer uses a combined PTO policy tracked as a single bank). New hire waiting period: 90 days before first use (accrual begins on day 1). Qualifying uses: own illness/injury/condition; care for family member; domestic violence, sexual assault, or stalking (safe time); public health emergency closure. Applies to all employees (including temporary and part-time) who perform work in Seattle. FTE count includes all worldwide employees — a large national employer with only a few Seattle workers still uses Tier 3 rates if total worldwide FTEs are 250+.

Seattle's Secure Scheduling Ordinance applies to retail and food service employers with 500+ worldwide employees. Requires: 14-day advance written schedule; premium pay for last-minute changes; 10-hour rest period between shifts; right to rest (employee may decline shifts that violate rest period without retaliation).