As we previously reported, Washington had introduced proposed amendments to its Paid Family and Medical Leave (PFML) Program. These proposed amendments (HB 1213) have been signed into law and most of the provision will take effect on January 1, 2026. These changes expand worker protections and introduce new requirements that employers must prepare for now.
Key Changes to Job Restoration Rights
One of the most impactful amendments is the expansion of employment protection (job restoration rights) to employees of smaller businesses, lowering the current threshold of 50 or more employees.
- Phased Employer Size Threshold. The employer size requirement for job restoration will decrease incrementally over three years:
- January 1, 2026 – December 31, 2026: Employers with 25 or more employees.
- January 1, 2027 – December 31, 2027: Employers with 15 or more employees.
- January 1, 2028 – Onward: Employers with eight (8) or more employees.
- Reduced Employee Service Requirement. The eligibility requirement for an employee to receive job protection is changing. Employees will now qualify if they have worked for the employer for at least 180 calendar days before starting leave, regardless of the number of hours worked. This eliminates the previous requirement of 1,250 hours in the prior 12 months for job protection.
- Health Benefit Continuation. The obligation to continue an employee’s health benefits will now be tied to any period during which the employee is entitled to job protection under PFML. Previously, this continuation was contingent on the PFML leave running concurrently with the federal Family and Medical Leave Act (FMLA).
Clarity on Leave “Stacking” and Duration
The new legislation also addresses the issue of “stacking” leave and modifies the minimum claim duration.
- Preventing Stacking. Employers can now prevent employees from “stacking” job-protected leave under both FMLA and PFML by requiring an employee to count FMLA leave toward the employee’s total job-protected leave under PFML, even if the employee did not apply for PFML benefits. To do this, employers must provide a written notice to the employee within five business days of the employee’s initial request for or use of FMLA leave.
- Reduced Minimum Claim Duration. The minimum duration for which an employee can claim PFML benefits is reduced from eight consecutive hours to four consecutive hours of leave.
New Notice Requirements and Audits
Employers face new communication obligations and a clearer pathway for enforcement.
- Enhanced Notice and Poster Requirements. Employers must provide a written statement of employee rights after an absence of seven consecutive days for a reason that may be covered by PFML. The Employment Security Department (ESD) will develop a revised statement of employee rights that employers must post in a prominent location.
- Employer Audits. The ESD is now explicitly authorized to conduct audits of employer files and records to ensure compliance with the PFML program.
Next Steps for Employers
With these significant changes taking effect on January 1, 2026, employers, especially those who fall below the current 50-employee threshold, must take proactive steps:
- Review and Update Policies: Immediately review and update your employee handbooks and leave policies to reflect the new job restoration eligibility requirements (180 days of service) and the phased-in employer size thresholds.
- Prepare New Forms and Notices: Work with legal counsel to develop a new written notice that satisfies the requirement for “stacking” FMLA and PFML to protect your organization’s interests.
- Monitor for ESD Guidance: Watch for the revised employee rights poster and other guidance from the ESD, which will provide necessary details for compliance with the new notice requirements.
- Train Managers and HR Personnel: Provide training to human resource personnel and managers on the new minimum claim duration and the updated rules regarding job protection and health benefit continuation.
HR Works Can Help
Managing employee leaves of absence is overwhelming and the various laws can be difficult to navigate, especially when leave is not your primary focus. The experts at HR Works can manage the complexities of compliance when it comes to all the changing state leave laws and more. To learn more about these services and how to leverage our compliance expertise and support, please contact us at info@hrworks-inc.com or call 1-877-219-9062.
