Starting January 1, 2026, Washington State employers will face significant updates to the Paid Family & Medical Leave (PFML) program under House Bill 1213. These amendments will reshape how leave is managed, expand employee protections, and introduce new compliance responsibilities for businesses of all sizes.
Key Changes to Watch
1. Intermittent Leave Minimum Reduced
Employees will be able to take PFML in smaller increments—just 4 consecutive hours per claim week, down from the current 8-hour minimum.
2. Healthcare Coverage Decoupled from FMLA
Employers must continue healthcare coverage for employees on PFML leave, even if the leave doesn’t overlap with FMLA. Coverage is required unless:
- The employee wasn’t employed when they filed for PFML,
- They aren’t entitled to job protection,
- Or they didn’t exercise their job protection rights in time.
Employees must still pay their share of premiums.
3. Expanded Job Protection for Small Employers
Job protection will now extend to smaller businesses on a phased schedule:
- 25–49 employees: Starting Jan 1, 2026
- 15–24 employees: Starting Jan 1, 2027
- 8–14 employees: Starting Jan 1, 2028
Eligibility will require only 180 calendar days of employment, with no minimum hours worked—opening protection to many part-time workers.
4. Limiting FMLA and PFML Leave Stacking
Large employers can now count FMLA leave toward PFML job protection periods, potentially reducing total leave time. To do so, they must:
- Provide written notice within 5 business days of the FMLA request,
- Continue monthly notifications during the FMLA period.
Failure to notify means employees retain full job protection under both laws.
5. Reinstatement Rules Tightened
Employees must actively return to work after leave. If they don’t, and there’s no written agreement, they may lose reinstatement rights. Employers must give advance written notice (at least 5 business days) when leave exceeds two weeks or 14 intermittent days.
6. Impact on 2025 Leave Claims
Employees on PFML at the end of 2025 may gain new protections in 2026. Employers should audit open claims to prepare for these transitions.
What Employers Should Do Now
-
Review and update handbook policies and leave administration processes, especially around FMLA/PFML stacking.
-
Check with health insurance providers to ensure benefit continuation aligns with new rules.
-
Monitor mozzo's Resource Library for FAQs, templates, and training opportunities.
-
Watch for ESD rulemaking updates expected by year-end.
These changes are complex but critical. Preparing now will help ensure compliance and support your workforce through the transition.
Questions? Reach out to us at info@archbright.com or give us a call at 888.622.4402.
-1.png)
Beth Touschner : Jun 22, 2023 9:30:10 AM
Lindsey Sosa : Dec 4, 2023 3:06:23 PM
Kellis Borek