Q: Can sick time be used in WA for non-work injury? Employer said no.
Can an employee use sick time to leave early to rest from a previous injury? My manager told an employee that they cannot use their sick time to leave early because it was not a work-related injury and they aren't technically sick. The employee in question broke their ankle a year ago, which sometimes gets sore; they stand on a reach lift for 9.5 hours. As far as I know, our company does not have additional policies beyond state law, and we haven't denied employees from using sick time for non-work-related injuries before.
A:
You are entitled to use sick leave for any illness, it does not have to be a work related illness.
According the Washington State Department of Labor and Industries, employers are required to allow you to use accrued sick leave for
employees or their family members for any of the following reasons:
A mental or physical illness, injury, or health condition.
To diagnose, care for, or treat a mental or physical illness, injury, or health condition.
To receive preventive medical care.
For leave that qualifies under the state’s Domestic Violence Leave Act.
If an employee's workplace, or their child's school or place of care, has been closed by order of a public official for a health-related reason.
https://lni.wa.gov/workers-rights/leave/paid-sick-leave/paid-sick-leave-minimum-requirements#authorized-uses-of-paid-sick-leave
You may want to share the link with your employer
A:
Based on Washington State's Paid Sick Leave law (RCW 49.46.210), your manager's statement to the employee appears to be incorrect. Washington law explicitly permits employees to use their accrued paid sick leave for a broad range of health-related needs, including both physical and mental health conditions. An employee experiencing pain from a previous injury, such as a broken ankle that becomes sore after prolonged standing, would qualify as a legitimate use of sick leave under state regulations.
The Washington State Department of Labor and Industries clarifies that sick leave may be used for an "employee's mental or physical illness, injury, or health condition," regardless of whether the condition originated at work. This protection extends to preventive care and ongoing medical conditions that may require intermittent treatment or rest. The law does not distinguish between work-related and non-work-related injuries or conditions when determining eligibility for using accrued sick time, and employers cannot implement policies that are more restrictive than what state law allows.
Your observation that the company has permitted employees to use sick time for non-work-related injuries in the past could potentially indicate inconsistent application of policy, which raises additional concerns. I recommend the affected employee document the denial of sick leave use, including dates, times, and the specific language used by the manager. The employee may wish to consult with their HR department about the company's sick leave policy and Washington State requirements, or file a complaint with the Washington State Department of Labor and Industries if the issue is not resolved internally. An employer's failure to allow proper use of legally mandated sick leave can result in penalties and potential liability for violating state labor laws.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.