Job protection
The law provides job protection for employees who take leave provided they meet certain tenure and hours-worked requirements in the 12 months just before leave:
| Plan options |
Minimum tenure |
Minimum hours worked |
| State plan |
12 months |
1,250 |
| Private plans |
9 months |
965 |
Under both state and private plans, employers must maintain health benefits
only if they must already be maintained under FMLA. Under the state plan,
job protection provisions only apply if the employer has 50+ employees in the
state of Washington.
Effective January 1, 2026, the minimum hourly threshold above is removed, and employees must have employment with their current employer at least 180 calendar days prior to taking leave to qualify for job protection.
The 50+ employee threshold is planned to decrease over a three-year period:
- Decreasing to 25+ employees beginning January 1, 2026
- Decreasing to 15+ employees beginning January 1, 2027
- Decreasing to 8+ employees beginning January 1, 2028
Benefits
- PML allows 12-week maximum.
- PFL 12 weeks (14 weeks for a pregnancy that results in incapacity)
- Bereavement (limited to 7 calendar days) following the death of a child within 12 months of birth or placement
- Combined 16 weeks (18 weeks for a pregnancy that results in incapacity)
- Waiting period of 7 calendar days (excluding child bonding and qualifying exigency)