Recent legislative updates from the 2025 session introduced significant changes to Washington’s Paid Family and Medical Leave (PFML) program. As of January 1, 2026, the state has expanded job protection eligibility and employer health benefit obligations, bringing thousands of additional employers under the scope of these requirements.
Employers with Washington-based employees should ensure their policies and leave administration practices are aligned with the updated law to remain compliant and avoid potential penalties.
Key Highlights
Key changes include:
- Expanded Job Protection Eligibility. Job protection under PFML requires employers to restore eligible employees returning from approved leave to the same or an equivalent position, including equivalent pay, benefits, and working conditions.
The following changes are now in effect.
- Lower Employer Size Threshold. The employer coverage threshold for job protection has been reduced.
- Previous requirement: 50 or more employees
- Current requirement: 25 or more employees
This change expands job protection obligations to many small and mid-sized employers that were previously not subject to these requirements.
- Reduced Tenure Requirement. Employee eligibility for job protection has also been expanded.
- Previous requirement: 12 months of employment
- Current requirement: 180 calendar days of employment
Employees may now qualify for job protection after approximately six months of service.
- Elimination of the Hours Requirement. Previously, employees were required to work 1,250 hours in the prior year to qualify for job protection. This requirement has been eliminated, allowing more employees to qualify for job protection under PFML.
- Retroactive Application. Importantly, the updated eligibility requirements apply to any employee returning from PFML leave on or after January 1, 2026, even if their leave began in 2025.Employers must evaluate job restoration eligibility using the updated standards when employees return from leave.
- Health Insurance Continuation Requirements. The legislative updates also introduced new employer responsibilities related to health benefits.Employers must now maintain group health insurance coverage for employees who qualify for job protection under PFML, as if the employee were actively working. Key provisions include:
- Employers must maintain the employee’s health insurance coverage during the protected leave period.
- Employees must be allowed to continue paying their normal share of health insurance premiums during leave.
- If an employee was already on PFML leave when the law took effect and qualifies for job protection under the new eligibility requirements, health coverage must be maintained as of January 1, 2026, and continue until the employee returns to work.
Next Steps for Employers
With the expanded requirements now in effect, employers should take the following steps to ensure compliance:
- Evaluate Employer Coverage: Confirm whether your organization meets the updated threshold. Employers are covered if they had at least 25 employees on their Washington payroll for 20 or more calendar weeks in the current or preceding year.
- Update Leave Policies and Employee Handbooks: Review and revise leave policies to reflect the 180-day employment requirement, the elimination of the 1,250-hour eligibility rule, updated job protection, health benefit continuation requirements and coordination with other leave and benefits such as leave under the federal Family and Medical Leave Act (FMLA).
- Provide Required Employee Notices: Employers must provide written notice to employees who have been on leave for 14 days, informing them when job protection expires and when they are expected to return to work. Ensure the most current Washington Paid Leave notices are posted and distributed as required.
- Coordinate PFML and FMLA Leave: Employers may count FMLA leave toward PFML job protection time, provided appropriate written notice is given to the employee. Leave tracking systems should be reviewed to ensure both programs are administered correctly.
- Review Health Benefit Administration: Confirm that benefits administration processes support continued health coverage during PFML leave, including mechanisms for collecting employee premium contributions.
