Washington State has enacted House Bill 1213, introducing sweeping changes to its Paid Family and Medical Leave (PFML) program. These updates significantly expand job protection rights for employees and impose new compliance obligations on employers. If your business operates in Washington, now is the time to prepare.

Key Changes Taking Effect January 1, 2026

The most notable shift is the expansion of job restoration rights under PFML. Previously, only employers with 50 or more employees were required to reinstate employees returning from leave. Under the new law, that threshold is dramatically lowered:

• January 2, 2026: Employers with 25 or more employees must provide job protection.
• January 1, 2027: Employers with 15 or more employees are covered.
• January 1, 2028: Employers with 8 or more employees must comply.

To qualify for job restoration, an employee must have worked for the same employer for 180 days prior to taking leave, regardless of hours worked.

Leave Stacking and Coordination with FMLA

The law now allows employees to “stack” leave under PFML and the federal Family and Medical Leave Act (FMLA). These leaves may run concurrently—but only if the employee chooses to do so.

Employers may count FMLA leave toward PFML job protection only if:

• The employee was eligible for PFML but did not apply for or receive it.
• The employer provides written notice within 5 days of the employee’s FMLA request and continues to provide monthly notices throughout the 12-month FMLA period.

Shorter Leave Increments and New Notice Requirements

The minimum increment of leave under PFML is reduced from eight consecutive hours to four. Additionally, employers must:

• Notify employees of reinstatement rights if they take more than 2 weeks of continuous leave or 14 days of intermittent leave.
• Provide a return-to-work notice at least 5 business days before the employee’s scheduled return.

New Compliance and Audit Requirements

The Employment Security Department will begin conducting audits to evaluate employer compliance with PFML. To prepare:

• Employers must continue to provide a written statement of employee rights after seven consecutive days of absence.
• A new standardized notification form will be issued by the Department—employers will be required to use it.
• Employers must maintain health insurance coverage during any PFML leave period where job protection applies.

What You Should Do Now

To stay ahead of these changes and avoid compliance pitfalls:

• Review and update your leave policies to reflect the new job protection thresholds and notice requirements.
• Implement a system for timely written notices when employees request FMLA leave.
• Prepare to use the new notification form once released by the Employment Security Department.
• Audit your current PFML practices to identify and address any gaps before January 2026.

Need Help Navigating These Changes?

Equinox Business Law Group is here to support your business through these transitions. Our team can help you revise your policies, train your staff, and ensure your compliance systems are audit-ready. Reach out to schedule a review or learn more about our Legal Solutions Plans tailored to your business needs.