On December 5, 2025, the Washington State Employment Security Department (ESD) adopted new and amended rules regarding the 2025 Paid Family and Medical Leave (PFML) program. The updates clarify employer responsibilities, job-protection rules, and benefit coordination, while repealing pandemic-era grants and aligning definitions with recent legislation (HB 1213).
The ESD has also committed to providing model notices to help employers meet updated obligations. However, these notices are still not available. The ESD's website indicates that updates to the employer toolkit, mandatory poster, and paystub insert have been published, but the model notices remain pending.
Archbright has published an updated FAQ in mozzo detailing the amendments and new requirements to assist employers in understanding their new requirements.
Key regulation updates include:
WAC 192-620-005—Effective January 1, 2026, the minimum PFML leave increment for eligible employees will be four hours. For employees working shifts shorter than four hours, a claim is considered valid once they miss four consecutive hours during a regularly scheduled workweek.
WAC 192-700-015—Effective January 1, 2026, employers with 25 or more employees must provide job restoration rights to their employees who have worked for them for at least 180 calendar days. The rules clarify two separate requirements:
Employer threshold: Job restoration applies only if the employer had 25 or more employees on each workday for at least 20 calendar workweeks in the current or previous calendar year. Employees are counted if they appear on payroll, including those on paid or unpaid leave, as long as there's a reasonable expectation they will return.
Employee eligibility: An individual employee must have been employed by the employer for at least 180 calendar days to qualify for job protection.
WAC 192-700-020—Starting January 1, 2026, employees are entitled to the continuation of health care benefits, regardless of whether their PFML overlaps with the Family and Medical Leave Act (FMLA). The updated rules added language stating that an employer may cease providing health care benefits if the employee gives "unequivocal notice of intent not to return to work." However, the WAC doesn't address notice requirements for ceasing a health care benefit.
WAC 192-700-025—This new rule allows employers to offset PFML job-restoration rights by the amount of FMLA leave an employee has already taken, helping mitigate the impact of leave stacking. Employers may only apply this reduction if the FMLA leave occurred within the 52 weeks preceding the PFML leave. The rule also establishes and clarifies notice requirements for employers when applying this offset.
WAC 192-700-030—Beginning in 2026, employers with 25 or more employees must provide written notice of job restoration rights to eligible employees in the following situations:
Each time an employee takes or is expected to take continuous leave lasting at least two typical workweeks, or
Once per qualifying event, when an employee takes or is expected to take intermittent PFML leave totaling more than 14 typical workdays. For intermittent leave, a single notice is sufficient for each qualifying event. Employers may use an approximate return-to-work date rather than a precise date for the employee's first scheduled workday after leave ends.
Immediate Steps for Employers
To comply with the new PFML rules effective January 1, 2026, employers should take the following actions:
Notify employees of the 2026 premium change from 0.92% to 1.13% and post the 2026 ESD PFML poster.
Employers with 25+ employees: Send job restoration rights notices to employees with 2025 PFML claims that extend into 2026.
Employers with fewer than 50 employees: Confirm that benefit contracts provide coverage for employees while on PFML leave.
Employers coordinating PFML job restoration with FMLA: Ensure the required notice is sent within 5 days of FMLA leave starting. For example, if FMLA begins on January 10, the notice must be provided before January 15.
Archbright has updated content in the mozzo Resource Library, including an updated Frequently Asked Questions Guide to reflect these new rules, and will continue monitoring the ESD website for additional updates and employer guidance. Eligible employers with questions are encouraged to connect with one of our HR Advisors via mozzo chat.