Washington State has introduced proposed amendments to its Paid Family and Medical Leave (PFML) law, with an effective date of January 1, 2026, contingent upon funding through a future appropriations bill. These proposed changes aim to enhance employee protection and clarify employer obligations under the law.
For background, PFML is a benefit for Washington workers who have a serious health condition that prevents them from working or when they need time to care for a family member, bond with a new child or spend time with a family member preparing for military service overseas.
Key Proposed Changes
The proposed amendments include several significant modifications including but not limited to:
- Extended Job Protection. The amendments expand eligibility for job protection during PFML leave, providing greater security for employees who utilize the program. Currently, eligible employees are only granted job protection if they work 1,250 hours and have been employed for 12 months before the start of leave, and work for an employer with 50 or more employees. The proposed amendments would eliminate the hours of work and reduce the length of employment requirement to 180 calendar days. The amendments would also lower the number of employees threshold to 25 or more beginning in 2026 with a gradual decrease through 2028 to eight (8) or more employees.
- Claim Duration Limits. New limits on the duration of PFML claims are proposed to prevent excessively prolonged or overlapping leave periods. Currently, employees must claim leave in increments of at least eight (8) consecutive hours. The proposed amendment would lower this to four (4) hours.
- Leave Stacking Clarification. The amendments seek to clarify how multiple types of leave can be “stacked,” aiming to streamline leave usage and reduce confusion. The proposed amendments also address the stacking of PFML and leave under the federal Family and Medical Leave Act (FMLA) by explicitly stating that when applicable, PFML must be concurrent with FMLA. This means even if the employee does not file a claim for PFML, the employer may count FMLA leave towards PFML. However, employers must provide advanced notice (within five business days of the request for or use of FMLA) to employees that they are designating the time as FMLA and PFML. Employers must also provide a monthly notice thereafter.
- Health Benefits Continuation. The proposed amendments would guarantee the continuation of health benefits for employees during qualified PFML leave, ensuring no lapses in coverage. Currently, health benefits continuation only applies if at least one (1) day of PFML is concurrent with FMLA.
- Reinstatement Notice Requirements. New notice obligations for employees are established, detailing the procedures employees must follow when requesting PFML leave. Specifically, the amendment requires employers to provide written notice to employees, at least five (5) business days in advance, about the expiration of their reinstatement rights and their return-to-work date when the employee takes either:
- A continuous leave exceeding two typical workweeks, or
- Combined intermittent leave exceeding 14 typical workdays.
The notice must be in a language the employee understands and delivered in a manner likely to be received promptly. For intermittent leave, employers may base the estimated expiration on information from the state and the employee.
- Notice and Posting Requirements. The proposed amendments will require the state to update its model notice template to include details on eligibility, benefits, application procedures, job protection, nondiscrimination rights, and where to get more information. This will require employers to provide and post the updated notice in a prominent location within the workplace.
Next Steps for Employers
If the proposed amendments to Washington State’s Paid Family and Medical Leave (PFML) program are enacted, employers should take proactive measures to ensure compliance with the updated requirements.
Employers should begin by reviewing and updating their existing leave policies and employee handbooks to incorporate the expanded protections, new requirements, and any clarified procedures associated with the amended PFML regulations.
It is also important to ensure that human resource personnel and others responsible for managing leaves are fully prepared to implement the changes. This may involve providing targeted training to help staff understand and administer the updated leave policies effectively.
In addition, employers should actively monitor legislative developments, particularly the progress of the appropriations bill needed to fund the amendments. Staying informed will support timely adjustments to internal policies and help ensure ongoing compliance.
HR Works will continue to monitor this topic and provide updates as they become available.
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.
