Canada (EN)
The Washington Employment Security Department adopted amendments to its Paid Family and Medical Leave (PFML) regulations that take 31 days after the September 1 filing (October 2, 2026). The changes primarily clarify existing statutory requirements and establish new administrative procedures related to eligibility, job restoration, employer reporting, penalties and fraud determinations.
Summary of key updates
- Unemployment waiting period coordination
Employees serving a waiting period for unemployment benefits are not eligible to receive PFML benefits during that same period. - Employment restoration rights
The regulations clarify job restoration eligibility following prior legislative changes under House Bill 1213. Employees must have worked for the employer for at least 180 days before taking leave, measured from their most recent hire date. Prior periods of employment with the same employer do not count toward the 180-day requirement. - Employer reporting and penalties
The Department replaced the term “warning letter” with “notice,” creating an additional step before formal enforcement actions. The change is intended to provide employers acting in good faith with more opportunities to correct reporting issues before penalties are assessed. The regulations also establish a formal process for employers to request waivers of penalties for late or incomplete filings, including criteria the Department will consider when evaluating requests.
- Payment plans for delinquent premiums
Employers may request payment plans for overdue PFML premium obligations. The new rule outlines application procedures, evaluation criteria, minimum payment requirements and consequences for missed payments. Approval remains at the Department’s discretion.
- Fraud determinations
Employees found to have committed fraud will be ineligible for PFML benefits and related rights during the period in which the fraudulent activity occurred.
Employer action steps
Employers with Washington employees should consider:
- Reviewing PFML policies and procedures to ensure the 180-day job restoration eligibility requirement is measured from the employee’s most recent hire date
- Training HR, payroll and leave administration personnel on the updated eligibility, fraud and enforcement provisions
- Evaluating reporting processes and compliance deadlines to reduce the risk of late-filing penalties
- Understanding the new penalty waiver and payment plan procedures in the event compliance issues or premium delinquencies arise
- Communicating any relevant leave administration changes to managers and employees
How Alight supports employers
Alight Leave Solutions specializes in state and federal leave of absence programs. Alight Leave Solutions monitors state leave developments and state agency guidance and will incorporate changes where they affect the administration of leave of absence.
Disclaimer
This material is provided for general information purposes only and does not constitute legal advice. The information contained in this article reflects the legislative, statutory and/or regulatory landscape as of the date of publication. Given the evolving nature of laws, regulations and interpretive and official guidance, portions of this content may no longer be current. Readers should not rely on this content as a substitute for current compliance guidance and should consult the most up-to-date statutes, regulations and guidance, and/or seek legal advice before acting on any information referenced herein.
