On Might 17, 2025, Governor Bob Ferguson signed laws making important modifications to the Washington Paid Household and Medical Depart program (WPFML) (ESSHB 1213). The amended legislation expands job safety to workers of smaller corporations, creates a time restrict on job safety rights, permits employers to depend go away time below the federal Household and Medical Depart Act (FMLA) towards the brand new job safety time restrict, reduces the weekly minimal go away threshold, and expands the proper to continued medical insurance protection. Efficient January 1, 2026, the amended legislation consists of each welcome modifications for employers and a few that is probably not so welcome.
Minimal go away per week: The minimal quantity of go away an worker could declare for WPFML advantages modified from 8 consecutive hours of go away to 4 consecutive hours of go away.
Job safety: Extra workers shall be entitled to job safety below the amended legislation as a result of the present employer measurement (50 or extra workers) and minimal size of employment (12 months) shall be diminished and the requirement for hours labored (1,250 hours) shall be eradicated. Below the amended legislation, an worker is entitled to job safety if they’ve been working for the employer no less than 180 calendar days previous to taking the go away, whatever the variety of hours labored. (This alteration additionally applies to employers utilizing accredited voluntary plans.) Job safety means an worker getting back from go away should be returned to the identical place or a place that’s equal to what that they had when their go away started. The job restoration requirement applies to employers with 25 or extra workers in 2026, 15 or extra workers in 2027, and eight or extra workers after 2027.
Job safety limits: Except a written settlement with an worker or union says in any other case, an worker forfeits their proper to job safety (additionally referred to as job restoration) in the event that they don’t train that proper on the primary scheduled workday after the earliest of those occasions:
- Their accredited go away below WPFML ends;
- Their FMLA go away ends in the event that they have been additionally eligible for WPFML however selected to not apply;
- A steady interval of 16 workweeks of go away inside a 12-month interval (or 18 workweeks if any of the go away was on account of a pregnancy-related incapacity); or
- Mixed intermittent intervals of go away totaling 16 workweeks inside a 12-month interval (or 18 workweeks if any of the go away was on account of a pregnancy-related incapacity).
Additionally, for job restoration to be forfeited, the employer will need to have offered the worker with advance written discover that meets particular standards below the amended legislation, together with discover of when the worker’s proper to job restoration would expire. Month-to-month notices should even be offered all through the worker’s remaining 12-month go away yr.
Well being care insurance coverage continuation: The amended legislation requires continuation of an worker’s current employer-provided medical insurance all through their go away below WPFML (no matter whether or not such go away overlaps with any FMLA go away) except the worker isn’t entitled to job safety or forfeits their proper to job restoration.
Employer discover and poster: The Employment Safety Division (ESD) might want to revise the necessary WPFML poster for employers, and the written discover of rights employers are required to supply to eligible workers, to incorporate further details about the WPFML course of, job safety, and program advantages.
Employer audits: ESD is now licensed to audit employer data periodically to make sure compliance. Employers could also be required to gather and report info on the train of job safety rights.
Small employer grants: Employers with fewer than 50 workers are eligible for a $3,000 grant to rent a brief employee or cowl further wage prices whereas an worker is taking WPFML for seven or extra days. The grant is offered as soon as per worker on go away, as much as 10 grants per calendar yr, however is offset by requiring the employer to pay WPFML premiums for the subsequent three years.
Outreach to employers: ESD is required to conduct common outreach to employers with details about the WPFML program, on subjects corresponding to amassing premiums, discover necessities to workers, job safety, and enterprise grants.
Ideas: The amended legislation would require ESD to revise the WPFML guidelines and associated sources. We shall be monitoring the rulemaking course of to maintain members knowledgeable, and shall be updating our sources to mirror these modifications. Begin reviewing your go away insurance policies, kinds, and processes now to organize earlier than the modifications take impact on January 1, 2026. You will discover present details about WPFML in our Mannequin Coverage, Washington Paid Household and Medical Depart Coverage, and our Authorized Information, Federal, Oregon and Washington Depart Comparability Chart, or by contacting your Vigilant Legislation Group employment legal professional.
We’ll be protecting this matter in Half II of our “Washington’s New Employment Legal guidelines” webinar sequence, going down this October. Make sure to join Half I on June 16, which can cowl the legal guidelines taking impact this July.
register now!
