[5]
By Becky Zuschlag [6]
Barran Leibman Law [7],
Washington’s Paid Family and Medical Leave program (“PFML”) will change once again next year, providing expanded employee protections and attempting to remedy the leave stacking issue many employers have experienced, among other changes. The amended provisions included in HB 1213 take effect on January 1, 2026, and will impact all Washington employers.
Employers with Washington employees should start thinking about updating their PFML policies and considering how the upcoming changes to the law will impact their workplace, ahead of the January 1, 2026 effective date. The amendments provide numerous significant changes, including the following:
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Reduced minimum claim period. The minimum claim period to qualify for benefits will decrease from 8 consecutive hours of leave per filing week to 4 consecutive hours per filing week.
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Reduced eligibility requirements. An employee will be eligible for PFML after working 180 calendar days. The hours of work requirement to qualify for employment protection will be eliminated.
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Expanded employment protections and benefits continuation. Employment protection and benefits continuation standards will be modified to include smaller employers over a three-year period. An employee returning from PFML or leave taken under the federal Family and Medical Leave Act (“FMLA”) (during which the employee was eligible for PFML benefits but did not apply for or receive them) will be entitled to employment protection if the employer has:
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25 or more employees from January 1, 2026, to December 31, 2026;
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15 or more employees from January 1, 2027, to December 31, 2027; and
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8 or more employees on or after January 1, 2028.
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Clarifies employer notice requirements. Employer notice requirements are amended to clarify what must be included in an employer’s posted notice and task the Commissioner with developing a written statement of employee rights, which must be distributed to employees by an employer. Specifically, the notice must include information related to eligibility requirements, possible weekly benefits, application processes, employment protection rights, nondiscrimination rights, and other protections. The required notice must be posted in a conspicuous area of the workplace.
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Imposes new requirements for reinstatement eligibility and job protections. Employees’ right to employment restoration will be forfeited unless the employee exercises their right to employment restoration within the statutorily provided time periods. Additionally, under certain circumstances, the employer must provide at least five business days’ advance written notice to the employee regarding the estimated expiration of the right of employment restoration and the date of the employee’s first scheduled workday.
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Attempts to resolve leave stacking issue. Employment protection will be extended to any period of unpaid leave protected by FMLA where the employee was eligible for PFML benefits but did not apply for and receive those benefits, so long as the employer provides written notice to the employee of the following:
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The employer is designating and counting the employee’s leave against their entitlement under FMLA;
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The start and end dates of the employer’s FMLA leave year;
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That the employer is counting the FMLA leave towards the employee’s PFML entitlement, including specifying the start and end dates of the leave and the total amount of leave counting toward PFML; and
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That using FMLA leave against the employee’s PFML entitlement does not affect the employee’s eligibility for PFML benefits.
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Written notice must be provided within five business days of the employee’s initial request for or use of FMLA leave, whichever is earlier, and at least monthly for the remainder of the employer’s FMLA leave year.
These changes are extensive, and employers should begin updating their leave policies and procedures now to ensure compliance on January 1, 2026. Additionally, employers should watch for the required notice that will be published by the Employment Security Department and replace their current posted notice once the updated notice is published.
For questions about these changes, or guidance with updating your policies and procedures, contact Barran Liebman attorney Becky Zuschlag [6] at 503-276-2151 or [email protected] [8].