Holiday, Vacation, Sick or Bereavement Leave	en español

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	Related L&I Topics >  Caring for sick family members

•  Does an employer have to give workers paid holiday, vacation, sick or bereavement leave?

  An employer is NOT required to give workers paid holiday, vacation, sick or bereavement leave.
  
  Paid leave for holidays, vacation, sickness or bereavement following the death of a close family member are considered “benefits” that may be paid by the business under a policy, written agreement, personal contract, oral agreement, collective bargaining agreement or other form of agreement. There are no state laws requiring that such benefits be given. If the business agrees to give these benefits and then does not do so, workers may sue the business in a private legal suit in small claims court or through a private attorney. L&I does not enforce these agreements.

•  Does an employer have to pay time-and-a-half for working on a holiday?

  An employer is NOT required to pay time-and-a-half for working on a holiday.
  
  Overtime or premium pay is not required for working on holidays or weekends unless those hours are in excess of 40 for the work week. Holiday pay is a benefit that may be paid at the employers' discretion. Overtime is based on actual hours worked. Even though the total hours (work hours plus holiday, vacation, or sick pay) for the week might exceed 40, overtime pay is not required unless a worker actually worked more than 40 hours in that work week.

•  When can a worker take time off for a serious illness?

  The federal Family Medical and Leave Act (FMLA) permits workers to take up to 12 weeks of unpaid leave. To qualify, the worker must have worked at least 12 months for the employer for a total of at least 1,250 hours and the employer must have 50 or more employees.
  
  This unpaid leave can be used to:

  • Care for a newborn, newly adopted or foster child,
  • Recover from the employee's own serious illness, or
  • Care for a child, spouse, or parent with a serious health condition.

  An employer may deny an employee the use of their paid sick leave while caring for a sick family member under this law.

For more information

Federal FMLA — Call the U.S. Department of Labor at 1-866-487-9243 or see the Family and Medical Leave Act of 1993 fact sheet.