On May 17, 2025, Governor Bob Ferguson signed legislation making significant changes to the Washington Paid Family and Medical Leave program (WPFML) (ESSHB 1213). The amended law expands job protection to employees of smaller companies, creates a time limit on job protection rights, allows employers to count leave time under the federal Family and Medical Leave Act (FMLA) against the new job protection time limit, reduces the weekly minimum leave threshold, and expands the right to continued health insurance coverage. Effective January 1, 2026, the amended law includes both welcome changes for employers and some that may not be so welcome.
Minimum leave per week: The minimum amount of leave an employee may claim for WPFML benefits changed from 8 consecutive hours of leave to 4 consecutive hours of leave.
Job protection: More employees will be entitled to job protection under the amended law because the current employer size (50 or more employees) and minimum length of employment (12 months) will be reduced and the requirement for hours worked (1,250 hours) will be eliminated. Under the amended law, an employee is entitled to job protection if they have been working for the employer at least 180 calendar days prior to taking the leave, regardless of the number of hours worked. (This change also applies to employers using approved voluntary plans.) Job protection means an employee returning from leave must be returned to the same position or a position that’s equivalent to what they had when their leave began. The job restoration requirement applies to employers with 25 or more employees in 2026, 15 or more employees in 2027, and 8 or more employees after 2027.
Job protection limits: Unless a written agreement with an employee or union says otherwise, an employee forfeits their right to job protection (also called job restoration) if they don’t exercise that right on the first scheduled workday after the earliest of these events:
- Their approved leave under WPFML ends;
- Their FMLA leave ends if they were also eligible for WPFML but chose not to apply;
- A continuous period of 16 workweeks of leave within a 12-month period (or 18 workweeks if any of the leave was due to a pregnancy-related incapacity); or
- Combined intermittent periods of leave totaling 16 workweeks within a 12-month period (or 18 workweeks if any of the leave was due to a pregnancy-related incapacity).
Also, for job restoration to be forfeited, the employer must have provided the employee with advance written notice that meets specific criteria under the amended law, including notice of when the employee’s right to job restoration would expire. Monthly notices must also be provided throughout the employee’s remaining 12-month leave year.
Health care insurance continuation: The amended law requires continuation of an employee’s existing employer-provided health insurance throughout their leave under WPFML (regardless of whether such leave overlaps with any FMLA leave) unless the employee isn’t entitled to job protection or forfeits their right to job restoration.
Employer notice and poster: The Employment Security Department (ESD) will need to revise the mandatory WPFML poster for employers, and the written notice of rights employers are required to provide to eligible employees, to include additional information about the WPFML process, job protection, and program benefits.
Employer audits: ESD is now authorized to audit employer records periodically to ensure compliance. Employers may be required to collect and report information on the exercise of job protection rights.
Small employer grants: Employers with fewer than 50 employees are eligible for a $3,000 grant to hire a temporary worker or cover additional wage costs while an employee is taking WPFML for seven or more days. The grant is available once per employee on leave, up to 10 grants per calendar year, but is offset by requiring the employer to pay WPFML premiums for the next three years.
Outreach to employers: ESD is required to conduct regular outreach to employers with information about the WPFML program, on topics such as collecting premiums, notice requirements to employees, job protection, and business grants.
Tips: The amended law will require ESD to revise the WPFML rules and related resources. We will be monitoring the rulemaking process to keep members informed, and will be updating our resources to reflect these changes. Start reviewing your leave policies, forms, and processes now to prepare before the changes take effect on January 1, 2026. You can find current information about WPFML in our Model Policy, Washington Paid Family and Medical Leave Policy, and our Legal Guide, Federal, Oregon and Washington Leave Comparison Chart, or by contacting your Vigilant Law Group employment attorney.
We’ll be covering this topic in Part II of our “Washington’s New Employment Laws” webinar series, taking place this October. Be sure to sign up for Part I on July 16, which will cover the laws taking effect this July.
