Washington Paid Family and Medical Leave - Legislative Guidance
Table of Contents
Overview
Washington Paid Family and Medical Leave(WAPFML) provides eligible employees with up to 12 weeks of paid, job-protected leave per year for qualifying family, military, bereavement, and/or medical reasons. Employees taking a combination of family, bereavement, medical, or military events can receive up to 16 weeks. Pregnant employees may qualify for two additional weeks, up to 18 total, in some situations.
WAPFML is a state-administered program that is funded through a combination of employer and employee contributions. While almost all Washington employers must participate in the WAPFML program, they have the option to offer an equivalent plan. Equivalent plans must pay at least half of the length of leave with pay or provide equal or greater benefits than the state program and must be approved by the Washington Employment Security Department (WAESD).
AbsenceSoft Policies
We provide two policies to support WAPFML because employees must meet an additional eligibility requirement with their employer to qualify for job-protected leave.
Washington Paid Family and Medical Leave WA-PFML
Washington Paid Family and Medical Leave Job Protection WA-PFML-JP
Legislation codes and statues
The information presented in the guidance relates to the following legislative codes, links to the specific legislation can be found within the ‘Resources’ section of this document.:
Revised Code of Washington, Title 50A, et al (Wash. Rev. Code §50A et al)
Washington Administrative Code, Title 192, Chapters 500-810 (Wash. Admin. Code 192-500 et al)
Employer Coverage
For purposes of supplying job protection, an employer who employs 25 or more employees in 20 or more calendar workweeks within the current or preceding calendar year. Beginning January 1, 2027 the threshold drops to 15 or more employees, and drops again on January 1, 2028 to 8 employees.
Exclusions:
Federal government
Independent Contractors
Employee Eligibility
An employee is eligible if:
For paid/wage replacement benefits, worked at least 820 hours in a qualifying period determined by the state;
The 820 hours need not be at one employer; the state will review wages reported for employees with multiple jobs and may ask the employee for additional information in reviewing their claim.
Contributed payroll deductions for benefits;
For job protection, an employee began employment at least 180 calendar days before taking leave.
Exclusions:
Federal government employees
Independent Contractors (may opt-in)
Tribal owned businesses
Note: Employees need not work directly in the state of Washington to be considered an employee. Employees whose work is localized in the state, service is performed in the state, base of operations or the work is being directed from a place with Washington, or business is not controlled from any specific state, but the employee resides in Washington should be reviewed.
Qualifying Absence Reasons and Leave Duration
WAPFML covers family, medical, military, and bereavement leave. Eligible employees can take up to 12 weeks for one absence reason, except for bereavement leave, or a combined total of 16 weeks for a combination of leave types. Pregnancy situations involving complications prior to or after childbirth are eligible for two additional weeks totaling a max of 18 weeks per benefit year. WAPFML is measured on a Sunday rolling forward basis.
Bereavement leave can be taken for a maximum of 7 days.
Family Leave
Adoption/Foster Care: Care for and bond with a child during the first year before or after placement through adoption, foster care, or court ordered placement. If leave is taken before actual legal adoption of a child, the leave expiration is within 12 months from the date the child arrived in the home.
Bonding: Care for and bond with a new child during the first year after birth.
Family Health Condition: Care for a family member with a serious health condition.
Medical Care
Employee Health Condition: Care for the employee’s own serious health condition.
Pregnancy/Maternity: Pregnancy disability leave and prenatal care.
Note: Certain health conditions may not be covered such as self-inflicted injuries, substance abuse where an employee is not in a treatment or seeking treatment for substance abuse, or cosmetic procedures.
Military
Qualifying Exigency: Employee is attending to matters resulting from the service member’s deployment in a federal branch of the U.S. Military. Factors include financial, legal or childcare planning, counseling services, military events/ceremonies, visitation during rest and recuperation, or addressing the death of a servicemember.
Bereavement
Bereavement: Is available for loss of a child or pregnancy where the employee would have qualified or did qualify for leave to bond with a child or for a medical condition of the employee. Leave must be used immediately following death or delivery of child. 1
Qualifying Family Member
Child of any age except 18 or younger for bonding or adoption/foster purposes (step, foster, adopted, biological, in loco parentis, grandchild, is a legal guardian to or a de facto parent of the child)
Spouse
Domestic partner
Parent
Grandparent
Sibling
Any individual regularly residing in the home who establishes care needs from another member of the household
Any relationship with an expectation of care from that family member to another
How Leave Can be Taken
Employees may take leave consecutively, intermittently, or reduced schedule for any qualifying reason.
Consecutive leave: A continuous, uninterrupted period of leave taken for a single qualifying reason.
Intermittent leave: Leave taken in separate, sometimes unpredictable, blocks of time (either hours, days or weeks) between the start and end dates of leave. Under WA-PFML leave can only be taken in cumulative 4 consecutive hour increments over the course of the week.
Reduced schedule: A reduction to the employees’ work schedule that results in either fewer hours per day or fewer days per week. A reduced schedule is consistent from one week to the next.
Certification Requirements
When employees file for WAPFML the state will provide guidance on the information the employee will need to complete which may be in addition to items an employer may request for WAPFML-JP.
Claim information should be sent directly back to the state for processing by the employee. The employee may also send you the documents requested by the state to their employer to manage the job protection aspects of the law.
Certification can be any one of the following and are due back within 7 calendar days:
A doctor’s note that includes the same information requested in the WAPFML Certification form;
FMLA Certification forms2;
Pregnancy and Birth Certification for WAPFML for bonding with a new child or caring for a pregnant family member or medical reasons due to pregnancy;
Court documents for adoption/foster care placement; or
Family member’s deployment dates and qualifying exigency dates.
Employers may also require if they already have a practice or policy in place to request a return to work certification from the employee’s healthcare provider for their own medical conditions.
Note: An employee may supply any one form either the WAPFML state certification form, an FMLA certification form or a doctor’s note so long as the doctor’s note includes all information provided in the state certification form. WAPFML does not supply forms for Qualifying Exigency or Adoption/Foster care needs.
Pay and Benefits
WAPFML has a 7 calendar day week waiting period except for bonding, military exigency, bereavement, or when an employee is transitioning from pregnancy medical leave into bonding. The elimination period is only effective once during a claim year. Additionally, for intermittent leave the waiting period is at least 4 consecutive hours during the first week of the claim.
Amount of Pay
WAPFML pays a weekly benefit amount that is determined by comparing the employee’s average weekly wage to the state’s average weekly wage. Benefits are calculated on a sliding scale, with lower-income employees generally receiving more of their usual wages compared to higher-income employees. Minimum and maximum weekly benefit amounts are based on the state average weekly wage, and may change year over year. Employers may consider reviewing the state’s website for changes year over year for top-off benefits. 3
Use of Paid Time Off (PTO)
Employers can require an employee to use accrued time off such as personal, vacation, PTO, or sick plans where applicable, for the waiting periods.
Once the employee is out of the waiting period, the employee will need to agree to any top-off benefits such as employer disability programs or accrued time not to exceed 100% of the employee’s wages.
Job Protection
Employees should be restored to the same or equivalent position with same benefits, pay, terms and conditions of employment that existed prior to leave.
Employees may also have to present a return to work certification following a medical leave, to their employer for job restoration if that is the employer’s existing policy.
An employee forfeits their job restoration rights if they do not return to work or exercise their rights to reinstatement by the earlier of4:
Their first scheduled work day following leave, or
The first scheduled work day following continuous periods of leave with the maximum entitlement of either 16 or 18 weeks, depending on the situation, forfeits their job restoration rights.
If an employer has a differing written agreement with the employee, or bargaining unit, the job restoration rights of the written agreement should be followed.
Note: Key employee stipulations: Salaried employees among the highest paid 10% of employees employed by the employer within 75 miles of the facility may be denied restoration rights if their absence would create substantial economic or operational injury to the employer. Employers must notify the employee at the time the business determines injury and the employee must indicate they are not returning following the notice.
Other Protections
Employees who invoke their right to WAPFML are protected from discrimination and retaliation. Employers are prohibited from denying leave or interfering with employee rights under WAPFML.
Benefits
Employers must maintain health benefits, however an employee can be required to submit payment for their portion of premiums, while on leave.
For employees who are not out on job protected leave, employers do not have to maintain benefits, unless otherwise agreed by the employer or other employer policies that may be in place.
If at the time of filing for benefits, the employee is not employed by that employer, no maintenance of benefits is required.
Interaction with Other Laws
Where an employee meets the definition of family member, qualifying absence reason, or serious health condition state and federal laws may interact. Accommodations that are not leave related, would not run concurrently with other state or federal leave laws.
Family and Medical Leave Act (FMLA)
FMLA may run concurrently with WAPFML, where applicable.
Beginning January 1, 2026 employers may choose to coordinate FMLA leave with WAPFML-JP leave when/where the employee does not file for benefits through the state. If an employer wishes to coordinate benefits in this manner, there are additional notice requirements that must be provided to the employee, see Employer Responsibilities section for more information. When employers opt for coordination, if FMLA exhausts, the WAPFML may still continue running as long as there is entitlement available to the employee under WAPFML. 5
Washington Pregnancy Disability Leave(WAPDL)
WAPDL may run concurrently with WAPFML.
Washington Domestic Violence Leave (WADOM)
WADOM may run concurrently with WAPFML.
Washington Family Care Act(WAFCA)
WAFCA may run concurrently with WAPFML. This relates to employer policies and the use of any paid leave provided to employees should also allow use for family members of the employee for certain reasons.
Washington Family Military Leave(WAMIL)
WAMIL may run concurrently with WAPFML for specific qualifying exigency reasons.
Unemployment
Employees receiving Unemployment either at state or federal level are not eligible for WAPFML.
Workers Compensation
Where an employee is receiving payment for worker’s comp related injuries an employee is not eligible for WAPFML. 6
Employee and Employer Responsibilities
Employee Responsibilities
Notify employer at least 30 days in advance of leave when foreseeable or as soon as possible for unforeseeable events;
File a claim or reopen a claim with the state, supply any requested documentation, and respond to the state when necessary;
Once WAPFML is approved, file weekly claims;
Discuss use of supplemental pay benefits with employer;
Exercise reinstatement rights by deadlines provided in employer notices; and
Follow employer policy and procedures.
Employer Responsibilities
Posting requirements are as follows and all posters must be a place that is conspicuous/frequented by employees:
Notices are provided by the Department or the employer may develop their own notice which must be approved by the state;
Employers who wish to create their own notice for approval must have the following information in their notice:
How an employee files a claim
Filing a complaint against their employer
Premium payment responsibilities
Rights provided by the program (either state sponsored or employer equivalent approved by state)
Minimums and maximums of entitlement, benefit availability after employee applies
Provide state notice documentation within 5 business days of the request or by the 7th consecutive day of leave, or within 5 business days after the employer receives notice of the employee’s leave whichever is later;
For job restoration, the employer is required to provide a written notice following at least two typical workweeks or any combined intermittent leave exceeding 14 typical work days, that includes the following and in the following manner7:
Notice must be written and provided within 5 business days in a language understood by the employee, and transmitted in a manner the employee will receive promptly.
Content must explain the expiration of job restoration rights and include the employee’s first scheduled work day.
If leave is intermittent the employer may estimate based on the information provided to the employer from either the state or the employee.
Determine supplemental pay benefits with employee;
Employers contesting employee claims for WAPFML must notify the employee and WAESD;
Register for WAPFML;
Report employee wages and employee counts;
Withhold and send employee contributions;
Maintain payroll records;
Maintain employment records for at least 6 years;
Provide job protection to applicable employees;
Notify key employees of job restoration discrepancies at the time the employer determines harm to business;
Respond to any requests from the state; and
For computing top-off amount accuracy, employers must ask the employee for their benefit statement from the WAPFML Division; Employers do not have access to this within the portal.
Note: Employers wishing to coordinate FMLA with WAPFML-JP when the employee does not file for benefits, must provide the following information to their employees:
Notify the employee, in writing, in a language understood by the employee, in a manner that can be received promptly by the employee, that states the unpaid leave will count towards federal FMLA and WAPFML-JP entitlement.
Written notice must include:The leave start and end dates,
Total amount of used and remaining unpaid leave counting towards the entitlement,
The 12-month measurement period under FMLA and/or for the leave that would qualify for WAPFML pay benefits the total amount of used and remaining unpaid leave counting towards the WAPFML entitlement and start and end dates (start and end dates of leave may be estimated based upon information the employer receives from the Department or the employee).
Written notice must be given within 5 business days from the date of request when either WAPFML (paid or unpaid usage) or federal FMLA and monthly for the remainder of the designated 12-month leave year
Notice must indicate use of unpaid leave does not effect eligibility for wage replacement benefits provided under WAPFML.
Resources
Washington Legislation: https://app.leg.wa.gov/RCW/default.aspx?cite=50A and https://app.leg.wa.gov/WAC/default.aspx?cite=192-500
Washington Paid Family and Medical Leave website: https://paidleave.wa.gov/
1 WAC 192-610-025
2 FMLA certification forms when an employee is FMLA eligible are due back within 15 calendar days.
3 WAC 192-500-185
4 RCW 50A.35.010 (7)(a)
5 WAC 192-700-025
6 RCW 50A.15.100
7 RCW 50A.35.010 (7)(b)