New Challenges: Washington’s Paid Family and Medical Leave Law Amended

Applies to: All Employers with Employees in WA

Effective: January 1, 2026

Discussion

Effective January 1, 2026, HB 1213 amended Washington’s Paid Family and Medical Leave Law (WPFML) to broaden employee protections and attempt to address employer concerns about leave stacking with other leave entitlements. Key changes to job protection under the WPFML pose new challenges for employers.

New Job Protection Requirements

Job protection under the WPFML received the most changes with this recent amendment. An employee is entitled to job protection whether or not the employee also qualifies for leave concurrent with the federal Family and Medical Leave Act (FMLA). The obligation to provide job protection will be expanded for employers with fewer than 50 employees, as follows:

• Employers with 25-49 employees must provide job protection effective January 1, 2026;
• Employers with 15-24 employees must provide job protection effective January 1, 2027; and
• Employers with 8-14 employees must provide job protection effective January 1, 2028.

Employees are eligible for job protection if they begin employment with the current employer at least 180 calendar days before taking leave.

Employees also can now lose their right to job protection if they fail to exercise their right, unless a written agreement says otherwise, on the earlier of the following:

• The first scheduled workday following the period of leave;
• The first scheduled workday following FMLA leave where the employee was eligible for PFML but did not apply for or receive PFML benefits; or
• The first scheduled workday following a continuous period of, or combined intermittent period of, a total of 16 workweeks taken during a period of 52 consecutive calendar weeks, or 18 typical workweeks where the leave was a result of a serious health condition with a pregnancy resulting in incapacity.

For a continuous period of leave exceeding two workweeks or a combined intermittent period of leave exceeding 14 workdays, the loss of job protection requires employers to provide at least five business days’ advance written notice to the employee regarding the estimated expiration date of job restoration. For combined intermittent periods of leave, the employer may estimate the expiration date based on information provided to the employer by the Washington Employment Security Department (ESD) and employee.

One of the biggest hurdles in administering WPFML for employers is the ability for employees to stack FMLA and WPFML leave. The amendment addresses this issue in a roundabout way through the job protection changes. When an employee takes FMLA leave and is eligible for but does not apply for or receive WPFML benefits, an employer can count qualifying FMLA leave toward the total amount of leave entitled to job protection under the WPFML if they provide an employee with written notice of the following:

• The employer is designating and counting the employee’s unpaid leave against their FMLA entitlement and specifies the amount of the entitlement used and remaining;
• The start and end date of the employer’s designated 12-month leave year under FMLA;
• Since the employee is eligible for WPFML but is not applying for and receiving benefits, the employer is counting the unpaid leave towards the maximum periods of job protection, including specifying the start and end dates of the unpaid leave and the total amount of unpaid leave counting toward the maximum periods; and
• The use of unpaid leave counting against the maximum periods of job protection does not affect the employee’s eligibility for WPFML benefits.

The notice must be provided within five business days of the earlier of either the employee’s initial request for or use of unpaid leave protected by FMLA and at least monthly for the remainder of the employer’s designated 12-month leave year. The ESD has the right to audit compliance with job protection requirements. The ESD will also develop template notices to comply with the new job protection requirements.

Other Changes

In addition to job protection updates, the amendment also included the following changes:

Increased ESD Involvement. The ESD has been tasked with conducting regular outreach to employers to provide information on premium collection, required notices, and employment protections. The ESD can also conduct periodic audits of employer files relating to the WPFML program.

Employer Size. On September 30 of each year, the ESD will average the number of employees reported by an employer on the last day of each quarter over the last four completed quarters to determine the applicability of employer premium and grant eligibility requirements based on employer size.

Statement of Rights. The ESD Commissioner will develop a written statement of rights to comply with the employer notice requirement. At a minimum, the statement must explain, in an easy-to-understand format, eligibility requirements, possible weekly benefits, application processes, employment protection rights, and nondiscrimination rights, and direct the employee to appropriate contacts and portals for more information. This notice must be distributed to qualified employees within five business days after the employee’s seventh consecutive day of absence due to WPFML leave or within five business days after the employer receives notice of an absence due to WPFML leave.

Required Posting. The mandatory posting requirement clarifies the required content for the posting. It must have the same information as the statement of rights notice, including eligibility requirements, possible weekly benefits, application processes, employment protection rights, nondiscrimination rights, and other protections.

Grants. An employer with fewer than 50 employees who pays the employer portion of the WPFML premium may receive a grant of $3,000 if the employer hires a temporary worker to replace an employee on WPFML leave for a period of seven days or more, or if the employer incurs significant additional wage-related costs due to the employee's leave. Employers with 50-150 employees will still be eligible for grants but with different benefit amounts for each reason. There are also additional rules around the timing of applying for grants and receiving payment. The ESD will be providing employer education around the process.

Benefits Continuation. Health insurance coverage is now required during any period of leave taken under WPFML in which the employee is also entitled to job protection, which means that the employee must have exercised their right to employment within the required timeframes.

Employers should continue to monitor Washington’s PFML website for issuance of the anticipated new notices and further guidance on the upcoming changes.

Action Items

1. Have WPFML policies updated for compliance.
2. Implement required notices and postings when available from the ESD.
3. Track job protection and reinstatement periods.
4. Have appropriate personnel trained on the requirements.

For a summary of the latest updates, visit the Federal Policy Hub for Employers and connect with one of our employee benefits consultants or HR experts to ensure you always remain compliant.