Significant Changes to Washington’s Paid Family Medical Leave Act Impose New Obligations on Employers

All employers with Washington-based employees should take steps to comply with the significant changes to Washington’s Paid Family and Medical Leave (PFML) Act that became effective on January 1, 2026. Among other things, the amendments usher in a new scheme for determining when job protection applies. In principle, this new scheme offers a much-needed mechanism for preventing employees from stacking their PFML leave on top of leave taken under the federal Family and Medical Leave Act (FMLA). However, implementing this new scheme can be particularly challenging for employers.

Washington’s Employment Security Department (ESD) recently adopted regulations, updated its website, and issued template notices, all of which provide helpful guidance on the significant changes to the PFML Act. Employers should pay particularly close attention to the following changes:

• Reduced Weekly Claim Minimum: Employees are now eligible for PFML leave in a given week only if they are absent at least four consecutive scheduled work hours. Previously, employees became eligible after an absence of at least eight consecutive scheduled work hours.
• Expanded Job Protection: The new law changed which employers are covered and therefore required to provide job protection. Likewise, the new law significantly expanded those employees who are entitled to job protection.
  • Covered Employers: Previously, only larger employers with 50 or more employees were required to restore employees to their job upon their return from PFML leave. Starting January 1, 2026, the size of the employer is reduced on the following schedule: 
    
    

  Effective Date of Job Protection Obligations	Covered Employers
  January 1, 2026	25 or more employees
  January 1, 2027	15 or more employees
  January 1, 2028	8 or more employees

  
  
  • Covered Employees: Previously, employees qualified for job protection only after working for their employer for at least one year and at least 1,250 hours in the 12 months immediately preceding the first day of leave. Starting January 1, 2026, employees of covered employers need only be employed 180 or more calendar days prior to taking leave, and no hours-worked requirement is imposed.
• FMLA Stacking Prevention: Under the new law, employers may limit the ability of employees to extend their leave by stacking PFML and FMLA leave; however, employers seeking to do so must comply with technical notice requirements. ESD has issued a model notice that provides further guidance. The notice must be provided when FMLA leave is initially requested or used, and on a monthly basis thereafter. In the notice, employers must specify the amount of FMLA leave that is or will be counted toward an employee’s maximum available period of PFML job protection, which can be complicated to calculate. 
• Job Restoration Notices: Employers must also provide certain employees with written advance notice that they may lose job protection under the PFML Act if they do not return to work at the end of their PFML job protection period. ESD has issued a model notice. Accurately preparing and delivering these notices can be tricky, given the complexity of calculating the job protection period, especially when counting FMLA leave toward that job protection period.
• Health Care Coverage: Employers must now maintain health insurance coverage for all employees who take PFML leave during their period of PFML job protection, as if they were still working. Previously, employers were only required to maintain health insurance coverage when an employee used at least one day of FMLA leave concurrently with their PFML leave.
• Mass Layoffs Exclusion: Employers generally are not required to provide PFML job protection to any employee who would not otherwise be employed upon their return from leave, such as when their position is eliminated. However, under Washington’s recently enacted Mini-WARN Act, employers implementing a mass layoff (as defined by law) cannot include any employee taking PFML leave in the mass layoff. Rather, these employees must remain employed with continued health care coverage until their PFML leave ends. For more information on Washington’s new Mini-WARN Act, see our prior alert.

Employers with Washington operations should quickly update their policies and notices to cover these significant changes to Washington’s PFML Act. Ballard Spahr’s Labor and Employment Group routinely provides guidance to clients on developments in federal, state, and local labor and employment laws, including legislative and regulatory developments in Washington. Given the complexities of the law, the extensive regulations, and the technical notice requirements, employers would be well advised to consult with counsel to ensure compliance.

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This alert is a periodic publication of Ballard Spahr LLP and is intended to notify recipients of new developments in the law. It should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have.