Seattle, WA Employment Preemption: Paid Leave Preemption (2026)
Key Facts
- Code section
- SMC 14.16
- Tier 1 accrual
- 1 per 40 hours
- Tier 3 accrual
- 1 per 30 hours
- Eligibility
- After 90 days
- Double damages
- On unpaid leave
Summary
Seattle's Paid Sick and Safe Time (PSST) Ordinance SMC 14.16 requires every employer to give workers paid leave that accrues from the first hour worked, usable for illness, family care, domestic violence, and public health closures.
Paid Sick and Safe Time — Ordinance: SMC 14.16; Rules: SHRR Chapter 70. Seattle's Paid Sick and Safe Time (PSST) Ordinance went into effect on September 1, 2012. This law requires employers to provide employees who work in Seattle with paid leave: To care for themselves or a family member for a physical or mental health condition, including a doctor appointment; To care for themselves, a family member, or a household member for reasons related to domestic violence, sexual assault, or stalking; When their family member's school or place of care has been closed; When their place of business has been closed by order of a public official for health reasons; For employers of businesses with 250+ FTEs, when their place of business has been closed for any health or safety reason. PSST Rates by Employer Size: Tier 1 (1-49 FTEs) — 1 hour per 40 hours worked, 40 hours carry-over; Tier 2 (50-249 FTEs) — 1 hour per 40 hours worked, 56 hours carry-over; Tier 3 (250+ FTEs) — 1 hour per 30 hours worked, 72 hours carry-over (*108 hours for employers with PTO).
Full Breakdown
PSST has applied since 2012 and stacks atop Washington's statewide paid sick leave (RCW 49.46.210). Tier-1 employers (1-49 FTE) accrue at 1 hour per 40 worked, capped at 40 hours per year carryover. Tier-2 (50-249) accrue 1 per 40, 56-hour carryover. Tier-3 (250+) accrue 1 per 30, 72-hour carryover, and may also use the time for safe leave under Tier-3 rules. Workers can use leave after 90 days. Employers must post the OLS poster, give notice on hire, and report accrual on each paystub. Tips and shift differentials count toward the paid rate.
Violations & Fines
Failure to accrue, denying valid leave, retaliating, or omitting paystub disclosure leads to OLS audits, back-pay, double damages, civil penalties up to $5,521 per affected employee, and required policy posting.
Frequently Asked Questions
Can leave be used for childcare closures?
Does Washington state law apply too?
Sources & Official References
Other rules in Seattle
Compare Seattle to another location·View the Washington employment preemption overview
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