ESHB 1875
SignedHouse
Sick leave/immigration
Allowing the use of paid sick leave to prepare for or participate in certain immigration proceedings.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill adds immigration-related proceedings as an authorized reason to use paid sick leave for both regular employees and transportation network company drivers. It also specifies acceptable forms of verification for such leave and ensures protections against retaliation. The changes apply to the state’s existing paid sick leave law and add a parallel benefit for ride-share drivers.
- Employees and transportation network company drivers may use accrued paid sick leave to prepare for or participate in judicial or administrative immigration proceedings involving themselves or their family members.
- For general employees, employers must accept a written statement or documentation from an advocate, attorney, or clergy member as valid verification for immigration-related leave (instead of requiring medical documentation).
- Transportation network companies must provide earned paid sick time to drivers at a rate equal to their average hourly compensation, with accrual of one hour per 40 hours of platform time worked, and allow use after 90 hours of platform activity.
- Employers and transportation network companies may not discipline, retaliate, or require employees/drivers to find coverage when using paid sick leave for immigration purposes.
- Paid sick leave accrual and carryover rules remain largely unchanged, but now explicitly include immigration-related use as an allowable purpose.
Who is affected
- General employees — Workers in Washington state who are employed by most businesses (excluding certain small or specific sectors) gain the right to use accrued paid sick leave for immigration-related purposes, including preparing for or attending court or administrative immigration proceedings for themselves or their family members.
- Transportation network company drivers — Transportation network company drivers (e.g., Uber or Lyft drivers) gain access to a separate earned paid sick time benefit that includes use for immigration proceedings, with accrual based on hours worked on the platform and special provisions for verification and compensation.
- Family members of workers — Family members of employees or drivers (including children, spouses, parents, grandparents, grandchildren, siblings, and others who regularly reside with and depend on the employee/driver) can be the reason for using paid sick leave for immigration proceedings.
- Employers — Employers must update policies and practices to allow use of paid sick leave for immigration proceedings, accept specific forms of verification (e.g., statements from attorneys, advocates, or clergy), and ensure no retaliation or discipline for using this leave.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (4)
Employees and drivers gain explicit legal right to use accrued paid sick leave for immigration proceedings involving themselves or family members—addressing a critical gap in protections for immigrant workers who otherwise risk job loss or retaliation for attending court or asylum hearings.
Rights & LibertiesPeopleRef: RCW 49.46.210(1)(b)(iv)Transportation network company drivers—historically excluded from traditional paid sick leave—gain earned paid sick time with accrual at 1 hour per 40 hours of platform work and explicit inclusion of immigration proceedings, significantly improving labor protections for a workforce that is disproportionately immigrant, low-wage, and without employer-sponsored benefits.
Rights & LibertiesPeopleRef: RCW 49.46.210(5)(b)(vi)Explicit prohibitions against retaliation and requiring job coverage for immigration-related leave strengthen workplace rights enforcement—especially important for immigrant workers who face heightened fear of employer reprisal when asserting rights.
Rights & LibertiesPeopleRef: RCW 49.46.210(1)(h) & (5)(p)Allowing verification via statements from advocates, attorneys, or clergy—rather than medical documentation—reduces barriers for workers seeking leave for immigration proceedings, recognizing that immigration status issues are health determinants (e.g., stress-related conditions, trauma) and that many workers lack access to formal medical care for legal stress.
HealthcarePeopleRef: RCW 49.46.210(1)(g)(ii)
Potential Concerns (3)
Employers (especially small businesses and gig platforms) must accept non-medical verification for immigration leave (e.g., statements from advocates, attorneys, or clergy), which increases administrative burden and creates uncertainty about how to assess legitimacy of claims—though the bill explicitly prohibits unreasonable burden, enforcement ambiguity could lead to inconsistent application or defensive over-documentation.
Business & EmploymentPeopleRef: RCW 49.46.210(1)(g)(ii)Transportation network companies must compensate drivers for earned paid sick time at their *average hourly compensation*—a rate that may exceed minimum wage and could significantly increase labor costs for platforms, especially if drivers take extended leave for immigration proceedings; this may incentivize deactivation or reduced platform access for high-leave drivers, despite anti-retaliation provisions.
Business & EmploymentPeopleRef: RCW 49.46.210(5)(b)(i)The bill does not restrict employers from requiring verification for immigration leave beyond three days, and while it specifies acceptable forms of verification, the lack of a standardized federal or state immigration proceeding registry creates potential for employer discretion or bias in accepting or rejecting documentation—risking chilling effect on leave use among vulnerable workers.
Business & EmploymentLean peopleRef: RCW 49.46.210(1)(g)(i)
Who Is Most Affected
Immigrant workers (especially those in precarious or low-wage jobs) gain concrete, enforceable rights to take paid leave for immigration proceedings without fear of losing income or job—reducing economic coercion and enabling participation in due process. This is especially impactful for those without legal status or with pending cases (e.g., asylum, U visas, TPS), who may face detention or deportation if absent without protection.
Ride-share drivers (Uber/Lyft) gain their first-ever paid sick leave benefit, including for immigration purposes—addressing a major gap in labor protections for gig workers, many of whom are immigrants. However, the compensation model (average hourly rate) may disincentivize platforms from high-leave drivers, potentially increasing deactivation risk if abuse is alleged.
Small employers (e.g., restaurants, retail, construction firms) face new administrative and payroll costs for tracking and approving immigration-related leave, but the impact is modest since the leave is already paid (no new funding required) and accrual caps limit exposure. Larger employers are better resourced to absorb the change.
Large gig economy platforms (e.g., Uber, Lyft) face structural cost increases due to mandatory paid sick time for drivers, including at higher-than-minimum-wage rates. While not catastrophic, this may accelerate efforts to reclassify drivers as independent contractors or reduce platform access for high-leave users, despite anti-retaliation rules.
Family members of workers (including children, spouses, parents) benefit indirectly through increased household stability and access to due process—e.g., a parent can take paid leave to attend a child’s immigration hearing without losing wages. This supports family integrity and reduces trauma from separation during legal proceedings.