The Employment Security Department (ESD) has adopted new and amended rules revising Washington Administrative Codes (WAC) for Paid Family and Medical Leave (PFML).

Rule amendments to several chapters in the PFML WAC include:

• Sets minimum claim duration of four consecutive hours per week;
• Clarifies small business assistance for employers of fewer than 50 employees who incur wage-related costs due to employees’ use of leave;
• Implements employee count threshold for employment protection determinations;
• Establishes ability to end health benefits if an employee gives “unequivocal” notice of intent to not return from leave; and
• Sets filing window for petitions of review at 30 days for initial petition and 15 days for reply to petition review outcome.

Newly added rules to sections of Employment Restoration, chapter 192-700 WAC, establish:

• Definition of 52-week period for employees to receive 16-18 weeks of employment protection;
• Employer ability to reduce protections by equal amount in duration when FMLA was previously taken;
• Employer's notification responsibilities regarding employer’s protection duration and expected date of return.

The concise explanatory statement outlines differences between the proposed rules and those adopted.

Paid Family & Medical Leave job protections to take effect in the new year

January 10, 2025

As of January 1, 2026, the changes to Paid Family and Medical Leave (PFML) adopted in HB 1213 will go into effect. Here is a breakdown of the changes HB 1213 made to the state’s PFML program by expanding the job protection provisions and the impact on employers.

With the expansion of job protections, employees will now have access to leave provisions after 180 days of employment instead of having to meet the three-factor test previously set by law. There are some exceptions to the job protection requirements. The job protections have also been expanded to small employers. Previously, small employers with fewer than 50 employees were exempt from job protection requirements. The Legislature, after several amendments, outlined a phase-in for small employers that ramps down the employee count threshold over a three-year period as follows:

• 25 or more employees from January 1, 2026, to December 31, 2026;
• 15 or more employees from January 1, 2027, to December 31, 2027; and
• 8 or more employees on or after January 1, 2028.

The bill intended to make it easier for employers to require state PFML and federal FMLA leaves to run concurrently, reducing the likelihood of “stacking” leave to extend absences. The Employment Security Department (ESD) has been undertaking rulemaking to facilitate implementation of the changes. AWC has provided input into the proposed rules.

Employers can find a full rundown of the changes and implementation information on the PFML website.

Also beginning in January, the PFML premium rate will increase to 1.13%. Employers will pay 28.57% of the total premium, and employees will pay 71.43%. Businesses classified by ESD as having fewer than 50 employees for the 2025 calendar year are not required to pay the employer portion of the premium. However, they must still collect the employee premium or pay employees’ premiums on their behalf.

AWC will continue to follow the implementation process and provide updates as they become available.