Washington Paid Leave 2026: New Job Protection Rules for Smaller Employers
Washington has had a paid family and medical leave program since 2020. But for workers at smaller companies, there was always a gap: you could receive benefits, but your employer did not have to hold your job while you were out. That changed on January 1, 2026. HB 1213 expanded job protection to cover hundreds of thousands of additional workers, and if you work for a company with 25 or more employees, these changes apply directly to you.
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What Changed on January 1, 2026
Governor Inslee signed ESSHB 1213 on May 17, 2025, enacting the most significant expansion of Washington's Paid Family and Medical Leave (PFML) program since benefits first became available. The law amends RCW 50A and targets one persistent problem: too many workers could collect paid leave benefits but had no guarantee their job would still exist when they came back.
Here is how the job protection rules changed, side by side.
| Requirement | Before 2026 | 2026 (HB 1213) |
|---|---|---|
| Employer size | 50+ employees | 25+ employees |
| Employee tenure | 12 months | 180 calendar days |
| Hours-worked requirement | 1,250 hours | Eliminated |
| Healthcare continuation | Not explicitly required | Required during job-protected leave |
| Written notice of rights | Not required | Required from employer |
| FMLA stacking rules | Not addressed | Concurrent running required |
The benefit side of the program also saw adjustments. The premium rate increased from 0.92% to 1.13% of wages, the maximum weekly benefit rose to $1,647, and the minimum leave increment dropped from 8 hours to 4 hours. But the job protection changes are what matter most to workers at smaller employers. Benefits without job protection always felt like a half-measure. That gap is closing.
The New Job Protection Rules Explained
Under the old rules, job protection under Washington PFML mirrored the federal FMLA threshold: your employer needed 50 or more employees, you needed 12 months of tenure, and you needed 1,250 hours worked in the past year. That last requirement alone excluded most part-time workers.
HB 1213 rewrites all three of those requirements.
Employer size: 25 employees
If your employer has 25 or more employees in Washington, you are now covered by job protection under RCW 50A. This is a statewide count, not a 75-mile radius like FMLA. Whether your employer has 25 workers in one office or spread across the state, you qualify.
Employee tenure: 180 calendar days
You no longer need a full year on the job. After 180 calendar days of employment (roughly six months), you have job protection rights. This is counted from your hire date, not from the date you first worked a shift. Calendar days means weekends and holidays count toward the total.
Hours-worked requirement: eliminated
This is the single biggest change for part-time workers. Under the old rules, you needed 1,250 hours in the prior 12 months to get job protection. That works out to about 24 hours per week, which excluded anyone working less than that. HB 1213 removed this requirement entirely. If you meet the employer size and tenure thresholds, your hours do not matter.
Healthcare continuation required
Employers must now continue your employer-sponsored health insurance during job-protected PFML leave under the same terms as if you were actively working. You still pay your share of the premiums, but your employer cannot drop your coverage while you are on leave.
Written notice of restoration rights
Your employer must now provide you with written notice explaining your right to job restoration when you take PFML leave. This notice must describe your right to return to the same or an equivalent position, and it must be provided at the time your leave begins.
What's Coming Next: 2027 and 2028
The 25-employee threshold is not the end of the road. HB 1213 includes a phased schedule that continues to lower the employer size requirement over the next two years.
| Year | Employer Size for Job Protection |
|---|---|
| Before 2026 | 50+ employees |
| 2026 | 25+ employees |
| 2027 | 15+ employees |
| 2028 | 8+ employees |
By 2028, nearly every worker in Washington who qualifies for paid leave benefits will also have job protection. That is a meaningful shift. Under the old rules, a worker at a 20-person company could receive 12 weeks of paid benefits and then come back to find their position had been filled. Legally, their employer had no obligation to hold the job.
If you work for a company with between 15 and 24 employees, you are next. The 180-day tenure requirement and the elimination of the hours threshold will apply to you starting January 1, 2027. If your employer has 8 to 14 employees, your turn comes in 2028.
Who Qualifies for Washington Paid Leave Benefits
Job protection and benefit eligibility are separate questions. Let's cover the benefit side. To receive paid leave benefits through Washington PFML, you need to have worked at least 820 hours in Washington during the qualifying period (the first four of the last five completed calendar quarters before your claim). Where you worked those hours does not matter. They can be split across multiple employers.
You can take paid leave for any of the following qualifying reasons under RCW 50A.05.010:
- Your own serious health condition: surgery, illness, injury, pregnancy, or any condition that prevents you from performing your job
- Caring for a family member with a serious health condition
- Bonding with a new child: birth, adoption, or foster placement within 12 months
- Qualifying military exigency: arising from a family member's active duty deployment
Washington uses a notably broad definition of "family member." It covers your spouse, domestic partner, child, parent, grandparent, grandchild, sibling, and any individual who regularly resides in your home or with whom you have a relationship that creates an expectation of care. You do not need to be related by blood or marriage.
How Much You'll Receive in 2026
Washington's benefit formula is designed to replace a higher percentage of wages for lower-income workers. The 2026 state average weekly wage (SAWW) is $1,830, and the maximum weekly benefit is $1,647. Here is how the formula works.
If your average weekly wage (AWW) is at or below 50% of the SAWW ($915), your benefit is 90% of your AWW. If your AWW is above $915, you receive 90% of the first $915 plus 50% of the amount above $915, up to the $1,647 cap.
A few examples to make this concrete:
| Annual Salary | Average Weekly Wage | Weekly Benefit | Wage Replacement |
|---|---|---|---|
| $35,000 | $673 | $606 | ~90% |
| $50,000 | $962 | $847 | ~88% |
| $75,000 | $1,442 | $1,087 | ~75% |
| $120,000+ | $2,308+ | $1,647 (max) | ~71% or less |
Your benefits are funded through payroll premiums. In 2026, the total premium rate is 1.13% of your gross wages, up from 0.92% in 2025. Employers with 50 or more employees must cover at least 26.78% of the total premium. Smaller employers may opt in to covering the employer share voluntarily.
Leave duration remains generous. You can take up to 12 weeks of family leave, 12 weeks of medical leave, or a combined 16 weeks if you need both in the same year. Workers with pregnancy complications can receive an additional 2 weeks, for a total of up to 18 weeks. And starting in 2026, the minimum leave increment dropped from 8 hours to 4 hours, making it easier to use leave for shorter medical appointments.
The New Stacking Prevention Rules
One of the less-discussed parts of HB 1213 is the addition of formal stacking prevention rules for workers who qualify under both federal FMLA and Washington PFML. Before this change, there was genuine confusion, from both workers and employers, about how the two programs interact.
The new rules work like this: if your leave qualifies under both FMLA and PFML, the leave runs concurrently. Both clocks start at the same time. You cannot stack 12 weeks of FMLA on top of 12 weeks of PFML to get 24 weeks total, and your employer cannot require you to exhaust one program before starting the other.
There are important employer notice obligations built into this. When your leave qualifies under both programs, your employer must provide written notice explaining:
- That your leave is being designated under both FMLA and Washington PFML simultaneously
- How much leave you have available under each program
- Your job restoration rights under each program
- Your healthcare continuation rights during the leave
One scenario where this matters: if you work for an employer with 25 to 49 employees. That employer is now covered by Washington PFML job protection but is still too small for FMLA (which requires 50 employees within 75 miles). In that case, only PFML applies, and you may actually have more flexibility because PFML's broader family member definition includes people who are not covered under FMLA.
How to Apply for Washington Paid Leave
Applications are handled through the Washington Employment Security Department, not your employer. Here is the process.
Go to paidleave.wa.gov and create a SecureAccess Washington (SAW) account if you do not already have one. You will use this account to submit your application, upload documents, and track your claim status.
Give your employer at least 30 days' notice if your leave is foreseeable (scheduled surgery, expected due date). For unexpected situations, such as a sudden illness or injury, notify them as soon as practicable. Under the 2026 rules, your employer must then provide you with written notice of your job restoration rights.
File your claim through paidleave.wa.gov. You will need to provide your Social Security number, employment information, and the dates of your requested leave. For medical leave, you will also need a healthcare provider to submit a medical certification through the provider portal.
The Employment Security Department reviews your application and verifies your 820-hour eligibility. Processing typically takes a few weeks. You can check your claim status online. If additional information is needed, you will be notified through your SAW account.
Once approved, you must submit a weekly claim for each week you are on leave. This is how the state knows to send your benefit payment. Payments are issued within a few days of each approved weekly claim. If you need help at any point, call the PFML customer service line at (833) 717-2273.
Frequently Asked Questions
Starting January 1, 2026, yes, if your employer has 25 or more employees in Washington. HB 1213 lowered the threshold from 50 to 25 employees. The threshold drops further to 15 employees in 2027 and 8 employees in 2028. This is a statewide count, not a 75-mile radius like FMLA.
Yes. HB 1213 eliminated the 1,250 hours-worked requirement for job protection as of 2026. You now qualify after 180 calendar days of employment, regardless of how many hours you work per week. You still need 820 hours worked in Washington during the qualifying period to receive paid benefits, but job protection no longer depends on your hours.
The maximum weekly benefit is $1,647. The formula pays 90% of your average weekly wage up to 50% of the state average weekly wage ($915), plus 50% of the amount above that threshold. Most workers earning under $50,000 per year will receive close to 90% of their normal pay.
Yes, if your leave is job-protected. Under the 2026 HB 1213 changes, employers must continue employer-sponsored healthcare coverage during job-protected PFML leave on the same terms as if you were actively working. You remain responsible for your share of the premiums.
If your leave qualifies under both FMLA and Washington PFML, the leave runs concurrently under the stacking prevention rules added by HB 1213. Both clocks run at the same time. Your employer cannot require you to exhaust one program before using the other, and they must provide written notice explaining how your leave is designated under each program.
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