New rules proposed for Paid Family Medical Leave program

The Employment Security Department (ESD) released proposed rule changes to the Paid Family Medical Leave (PFML) program that would result in increased continuation of benefits costs for employers.

Many of the proposed rule changes help clarify the definitions and administration of PMFL; however, a proposed new section (WAC 192-700-020) has serious implications for employers. The proposed change would require employers to continue providing health benefits to an employee who is using PFML if the employee had at least one day of concurrent leave on FMLA.

For example, if an employee was out on FMLA until May 30 and then began another leave of absence under PFML on May 30, then an employer would be required to continue providing health benefits to that employee throughout their PFML even if their FMLA eligibility is exhausted.

This proposed rule doesn’t appear consistent with the statute that only requires continuation of benefits during FMLA-related leave.

The new section does clarify that an employee would still be responsible for paying their share of health benefit costs.

AWC opposes these proposed changes, as they create a large financial burden on employers. We encourage you to review the proposed rules as well as contact ESD at rules@esd.wa.gov to advocate for changing the proposed rule.