Washington State employers not only need to manage laws regarding paid sick leave, but also must manage compliance with the state's Paid Family Medical Leave Act.
To help businesses manage compliance with the Washington Paid Family Leave Act or Washington PFMLA, we’ve put together the following guide.
It's important not to confuse PFMLA with Washington's Paid Sick Leave Law. Between the paid sick leave laws of the state, Washington PFML, and other applicable federal and local leave laws, Washington businesses have their work cut out for them when it comes to Washington Labor Laws.
Washington State PFML is a benefit for Washington employees, providing access to paid leave under certain circumstances.
The good news for employers is that they don’t actually need to administer the leave, though that does not mean they are free of responsibility. Employees may apply for Paid Leave directly with the Washington Employment Security Department (ESD).
Washington employers can visit the Washington Paid Leave website for employer resources regarding Washington PFMLA.
In order to qualify for benefits under Washington Paid Family and Medical Leave, a Washington worker must have worked a minimum of 820 hours over the course of the first four of the previous five calendar quarters.
Hours worked must be done in Washington, however, can be done at one or multiple jobs / companies.
In addition to meeting the requirement for hours worked, there is an additional requirement for Washington PFML Eligibility regarding qualifying events.
In order for an employee in the state to use benefits under Washington PFML, the purpose of the leave must be for what is referred to as a qualifying life event.
Qualifying life events include:
Previously, workers who were part of a Collective Bargaining Agreement (CBA) were considered ineligible for paid leave. Effective January 1st, 2024, workers under a CBA are eligible.
Generally speaking, Washington employees may take up to 12 weeks of Paid Family and Medical Leave per year.
However, for those requesting paid leave to care for or recover from a serious illness or injury or to take care of a family member with a serious medical condition specifically, the amount of leave that may be taken for a particular instance is determined by a healthcare provider.
In some instances, an employee may qualify for up to 16 weeks of paid leave, if they have more than one qualifying event in a given year.
Employees may even qualify for up to 18 weeks of paid leave if the employee or a family member experiences a condition in pregnancy or birth that results in incapacity.
While paid leave does not have to be taken all at once, each period of leave must be at least 8 hours long.
Important to note is that while this is one day for full-time employees, it may mean multiple days for part-time employees. For instance, someone who works 4 hours a day would need to take at least two days off.
Lastly, leave can be taken at any time in the following 12 months following the application date. Unused time does not carry over, however, an employee can apply again if they experience another qualifying event.
Employees will need to provide their employers with written notice of when they plan to take leave at least 30 days in advance if the leave is foreseeable. Otherwise, the employee must give notice as soon as possible.
Written notices should include the duration of leave being taken. Emails or text messages may count as an employee's written notice.
Upon approval by the state, employers will receive a notice explaining the employee’s approved application for Paid Leave. The notice will include the employee’s name, leave start and end dates, and instructions for disputing the claim if needed.
Employees who use benefits under the state’s PFML are compensated at 90% of their average weekly wage, so long as their standard weekly wage is 50% or less of the state average.
If an employee’s standard weekly wage is over 50% of the state average, they are compensated at a rate of 90% of 50% (40%) of the state average weekly wage, plus 50% of the difference between the employee's standard weekly wage and one-half of the state average weekly wage.
For 2025, an employee's weekly benefit is capped at $1,542.
For Washington employers with over 50 or more employees, eligible workers who take Paid Leave under this law must be guaranteed job protection for the duration of their leave.
In order to be eligible for job protection, an employee must have worked for at least 12 months and 1,250 hours in the prior year before the first day of Paid Leave.
For 2025, the premium for Washington PFML is 0.92% of an employee’s gross wages. The premium is divided up between the employer and the employee.
Total premium collections may not exceed the 2025 Social Security cap of $176,100. Gross wages do not include tips.
The employee portion of the premium is 71.52% of the 0.92% of gross wages. Employers may choose to withhold this amount from each employee’s paycheck or pay the premium on the employee’s behalf.
Employers must submit this portion of the premium to the state when filing quarterly reports.
The employer premium for paid leave is 28.48% of the total premium. However, this only applies to businesses with 50 or more employees. Smaller businesses do not have to pay the employer portion unless they have received a small business assistance grant.
Employees who work for employers exempt from their portion of the premium do not have to make up the remaining 28.48% of the employee share.
Important to note is that employers may not collect missed premiums in later pay periods. As a result, it is crucial to have a Washington payroll system in place that will account for such deductions and collections.
Every quarter, all employers must file a report to the ESD and pay Paid Family and Medical Leave premiums.
Reports must include:
Lastly, employers must inform employees about their rights and benefits under Washington Paid Family and Medical Leave.
In order to comply with the law, employers must post a notice in a conspicuous and easily accessible place. Employers can download the posters below:
Managing compliance with PFML can be a challenge, especially with other Washington paid leave laws to comply with.
Ensuring a proper understanding of the law, as well as having the proper payroll and leave management solutions in order to collect premiums and manage leave are critical for business success.
Businesses struggling with PFML management should consider reaching out to a Washington Payroll Company for assistance. Get connected with a provider today, or contact us to learn more about your options.