New proposed rules for the state’s Paid Family & Medical Leave (PFML) program could increase medical benefit costs for cities.

The deadline for comments on the proposed rules is 5 pm on May 6. AWC encourages cities to weigh in with concerns about this proposed rule as soon as possible.

AWC encourages cities to weigh in with concerns about this proposed rule as soon as possible.

Under the proposed rule, an employer is required to maintain medical benefits for the duration of an employee’s PFML if it overlaps with any federal Family Medical Leave Act (FMLA) authorized leave by even one day. This means that an employer could be required to continue benefits granted under FMLA for up to 30 weeks, if an employee overlaps PFML leave during the FMLA period.

AWC opposed a similar proposed rule last fall that was not adopted and has already weighed in with our opposition to this latest proposal.

Here is AWC’s statement submitted on the current proposed rule:

The Association of Washington Cities opposes the interpretation of RCW 50A.35.020 contained in proposed WAC 192.700.020.

The proposed WAC is contrary to the plain reading of the statute which says that employers are only responsible for continuation of benefits “If required by the federal family and medical leave act…”. The proposed rule goes well beyond the statutory requirement and could result in employers having to continue benefits for up to 30 weeks if an employee overlaps PFML and FMLA leave coverage by even one day. This would create a significant undue burden on employers with medical benefit costs ranging from $1,000 to $2,400 per month.

AWC asks that this proposed WAC be removed as it does not align with the current statutory requirement.

Submit a comment on the proposed rules | Deadline Wednesday, May 6 at 5 pm

Review all of the PFML rules changes currently under consideration

More information on PFML