The leave landscape continues to evolve as states refine paid family and medical leave programs. This update covers Washington Paid Family and Medical Leave (WA PFML), highlighting what’s changing, when it takes effect, and what employers should do now to stay compliant.
What’s changing effective January 1, 2026
Washington’s legislature enacted House Bill 1213, which brings significant changes to the state’s Paid Family and Medical Leave (PFML) program. The changes will become effective January 1, 2026, and impact eligibility, benefit durations, job protection and restoration rights, and employer obligations.
Expansion of Program Administration and Outreach
- The Employment Security Department (ESD) continues to administer PFML, but new amendments require expanded outreach, education, and compliance efforts.
Reduced Minimum Claim Duration
- Employees must claim at least four consecutive hours of leave to qualify for benefits, reduced from the previous eight-hour minimum.
Expanded Employment Protection and Rights
- Amendments expand employment protection and rights, providing job security to a much larger portion of Washington’s workforce, by reducing the service requirements and employer size threshold.
- Immediate reduction in service requirements to 180 days (no hours-worked requirement) and phased reduction of the employer threshold for coverage:
- Employers with 25+ employees: January 1, 2026 to December 31, 2026
- Employers with 15+ employees: January 1, 2027 to December 31, 2027
- Employers with 8+ employees: January 1, 2028 and thereafter
Job Restoration Rights & Prevention of “Stacking” Job-Protected Leave
- Eligible employees taking WA PFML leave are entitled to job restoration, regardless of whether the employee also qualifies for and takes leave under the federal Family and Medical Leave Act (FMLA). However, if the employee does not return to work on the first day following leave, the employee forfeits job restoration rights, unless written agreement between the employer and employee states otherwise.
- Employer notice requirement: For any continuous period of leave exceeding two weeks, or combined intermittent leave exceeding 14 workdays, employers must provide at least five business days’ advance written notice to the employee regarding estimated expiration of the right to employment restoration and the date of the first scheduled workday.
- Employer notice requirement: For any continuous period of leave exceeding two weeks, or combined intermittent leave exceeding 14 workdays, employers must provide at least five business days’ advance written notice to the employee regarding estimated expiration of the right to employment restoration and the date of the first scheduled workday.
- If an employee’s leave qualifies under both federal FMLA and WA PFML, the job-protected leave must be taken concurrently (not stacked), provided the employer gives proper written notice.
- Employer notice requirement: The amended statute provides the minimum requirements that must be included in the written notice, including that the employee be notified that their unpaid leave is being counted toward both federal FMLA and the WA PFML job-protected entitlements, specifying the applicable FMLA leave year, leave dates, and remaining entitlements, and also clarifying that it does not affect the employee’s eligibility for WA PFML benefits. This notice must be delivered to the employee within five business days of the earlier of either the employee requesting or using federal FMLA leave and at least monthly for the remainder of the 12-month leave year.
Expanded Health Benefits Protection
- Employers must continue health benefits for employees during any period in which WA PFML benefits are received and the employee is entitled to job protection, not just periods that run concurrently with the federal FMLA.
- Health benefit continuation is required unless the employee is no longer employed at the time of leave application, the employee is not entitled to job restoration, or the employee did not timely exercise the right to job restoration.
Expanded Small Business Grants
- Amendments expand eligibility and procedures for small employers to receive grants, including administrative costs and wage replacement for temporary employees.
What Employers Should Consider
Given the extensive amendments to the WA PFML, employers with Washington state employee populations should carefully review the following action steps to ensure compliance, effective January 1, 2026.
- Update policies and communications to reflect new claim duration minimums, job protection and restoration intricacies, and health benefit continuation.
- Enhance systems and processes to handle shorter claim increments, prevent stacking, and ensure federal FMLA and WA PFML run concurrently where applicable for job-protected leave.
- Obtain and post workplace notices, distribute required individual notices within the mandated timeframes, and develop standardized templates and procedures.
Impact to Alight Leave Solutions
Alight Leave Solutions specializes in state and federal leave of absence solutions, including certain paid and unpaid family and medical leave offerings. The WA PFML is part of Alight Leave Solutions’ leave offerings. Alight Leave Solutions will incorporate the necessary changes, as provided by amendments and additional guidance, as applicable, where it impacts the administration of leave of absence.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Employers should consult legal counsel for guidance specific to their organization.
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