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Washington

Verified March 2026

Washington Paid Family and Medical Leave (WA PFML)

RCW 50A.05-50A.50

Paid LeaveMental Health Parity12 weeks
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Overview

Washington's Paid Family and Medical Leave (PFML) program provides up to 12 weeks of paid medical leave for a worker's own serious health condition, up to 12 weeks of paid family leave for caregiving or bonding, and up to 16 weeks combined in a single year (or 18 weeks if experiencing a serious health condition related to pregnancy). Benefits are funded through shared premiums paid by both employers and employees.

To be eligible for benefits, a worker must have worked at least 820 hours in Washington during the qualifying period. The program covers nearly all employees regardless of employer size. The maximum weekly benefit for 2026 is $1,647. The benefit formula pays 90% of your average weekly wage up to 50% of the state average weekly wage (SAWW), plus 50% of any amount above that threshold. The SAWW for 2026 is $1,830, so the 50% threshold is $915. There is a 7-day waiting period before benefits begin, except for bonding leave and postnatal leave, which have no waiting period. The premium rate for 2026 is 1.13% of wages, with approximately 71.43% paid by employees and 28.57% paid by employers. Employers with fewer than 50 employees are exempt from the employer share but must still withhold and remit employee contributions. Self-employed individuals can opt in.

Covered family members include your spouse or domestic partner, child, parent, grandparent, grandchild, sibling, parent-in-law, or any individual who regularly resides in your home or with whom you have a relationship creating an expectation of care.

HB 1213, signed May 17, 2025, significantly expanded job protection starting January 1, 2026. The employer size threshold for job protection dropped from 50 to 25 employees (and drops further to 15 in 2027 and 8 in 2028). The previous 1,250 hours-worked requirement was eliminated; workers now qualify after 180 calendar days of employment. Even without job protection eligibility, you can still receive PFML wage replacement benefits. Your employer must maintain your group health insurance during PFML leave on the same terms as if you were still working.

Washington also enforces the Washington Law Against Discrimination (WLAD), which prohibits disability discrimination, including mental health conditions, for employers with 8 or more employees. The Washington State Human Rights Commission (WSHRC) investigates complaints. Washington's mental health parity law further ensures equal insurance coverage for mental health services.

Eligibility

Employer Size

1+ employees

Employment Duration

820hours

Leave Duration

12 weeks

Paid Leave

Yes

Compared to Federal FMLA
Paid leave funded through shared premiums. 820-hour threshold instead of 12-month duration. Mental health parity in insurance required.

Additional Protections

Washington Law Against Discrimination (WLAD)

Prohibits employment discrimination based on disability, including mental health conditions. Covers employers with 8 or more employees and requires reasonable accommodations.

RCW 49.60

Paid Sick Leave

Requires employers to provide at least 1 hour of paid sick leave for every 40 hours worked. Can be used for mental health needs, medical appointments, and care for family members.

RCW 49.46.210

Mental Health Parity

Requires health insurance plans to cover mental health and substance use disorder services on equal terms with medical and surgical benefits.

RCW 48.44.341

Domestic Violence Leave Act

Provides reasonable leave for victims of domestic violence, sexual assault, or stalking to seek legal assistance, medical treatment, or safety planning.

RCW 49.76

How to Exercise Your Rights

1. Notify Your Employer

  • Provide your employer with 30 days' advance notice if the leave is foreseeable.
  • For unexpected events, provide notice as soon as practicable.
  • You do not need to disclose your specific diagnosis, only that you have a qualifying condition.

2. File a PFML Claim

  • Visit paidleave.wa.gov to create an account and file your claim.
  • Select the type of leave (medical or family).
  • Your healthcare provider must complete a certification of serious health condition form.
  • Submit your claim and the Employment Security Department will process it, typically within 2 weeks.

3. File a Discrimination Complaint

  • Visit the Washington State Human Rights Commission website.
  • File within 6 months of the discriminatory act.
  • Complete the complaint form detailing the discrimination or retaliation related to your leave or disability.

Important Deadlines

  • 30 days - Advance notice required for foreseeable PFML leave
  • 7 days - Waiting period before PFML benefits begin (no waiting period for bonding or postnatal leave)
  • As soon as possible - File your PFML claim promptly when leave begins to avoid gaps in benefit payments
  • 6 months - Deadline to file a discrimination complaint with the WA Human Rights Commission
  • 300 days - Deadline to file a charge with the federal EEOC

Official Resources

Full Statute Text

Read the complete text of the law

Employment Security Department - Paid Leave

Administers the PFML program. File claims, check benefit status, and access resources for workers and employers.

833-717-2273

Washington State Human Rights Commission (WSHRC)

Enforces the Washington Law Against Discrimination. Handles employment discrimination complaints including disability and mental health discrimination.

800-233-3247

Department of Labor & Industries

Oversees workplace safety, workers' compensation, and wage and hour protections including paid sick leave enforcement.

360-902-5800

Frequently Asked Questions

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