Washington Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)
⚠️Informational only — not legal or tax advice.
Last Updated: March, 2026
Last Reviewed: March, 2026
Applicable Period: 2026
Jurisdiction: State of Washington, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
- Introduction
- Quick Reference — Washington Paid Leave Snapshot
- Paid Sick Leave in Washington
- Washington Paid Family & Medical Leave (WA PFML)
- Maternity, Paternity & Parental Leave in Washington
- Federal FMLA in Washington
- Other Protected Leave Categories in Washington
- 2025–2026 Updates & Recent Legislative Changes
- How to File a Paid Leave Complaint in Washington
- Interstate Considerations for Remote Workers
- Frequently Asked Questions
- Sources & Verification Log
Introduction
Washington requires all private employers to provide paid sick leave under the Washington Minimum Wage Act (RCW Chapter 49.46), enacted through Initiative 1433, approved by voters in November 2016, and effective January 1, 2018. Washington also operates a state-funded Paid Family and Medical Leave (PFML) program under RCW Chapter 50A, administered by the Washington Employment Security Department (ESD), with benefits available since January 1, 2020. At the federal level, the Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid, job-protected leave. This page compiles current requirements from the Washington Department of Labor & Industries (L&I), the Washington Employment Security Department, and the U.S. Department of Labor.
Quick Reference — Washington Paid Leave Snapshot
| Washington Paid Leave Laws at a Glance (2026) | |
|---|---|
| Category | Status |
| Mandatory Paid Sick Leave | Yes |
| Governing Statute | Washington Minimum Wage Act, RCW §§ 49.46.200–49.46.210 |
| Administering Agency | Washington Department of Labor & Industries (L&I) — lni.wa.gov |
| Covered Employers | All employers with employees working in Washington |
| Eligible Employees | All employees under RCW 49.46.010(3); excludes certain salaried executives, attorneys, physicians, and dentists |
| Accrual Rate | 1 hour per 40 hours worked |
| Annual Usage Cap | No cap on usage of accrued hours |
| Carryover | Up to 40 hours of unused leave must carry over annually |
| Paid Family & Medical Leave Program | Yes |
| PFML Program Name | Washington Paid Family and Medical Leave (WA PFML) |
| Administering Agency (PFML) | Washington Employment Security Department (ESD) — paidleave.wa.gov |
| PFML Contribution Rate (2026) | 1.13% of gross wages (up to Social Security cap of $184,500) |
| PFML Weekly Benefit Maximum (2026) | $1,647 |
| PFML Wage Replacement Rate | Up to 90% of average weekly wage |
| PFML Maximum Duration | Up to 12 weeks (family or medical); up to 16 weeks combined; up to 18 weeks if pregnancy incapacity qualifies |
| FMLA Applies | Yes (federal baseline) |
| Information Current As Of | March 2026 |
Sources: Washington L&I — lni.wa.gov/workers-rights/leave/paid-sick-leave/ · Washington ESD — paidleave.wa.gov · U.S. DOL — dol.gov/agencies/whd/fmla
Paid Sick Leave in Washington
Does Washington Require Paid Sick Leave?
Yes. Washington state law requires all employers to provide paid sick leave to covered employees. The requirement is codified under RCW §§ 49.46.200–49.46.210, enacted through Initiative 1433 (approved November 8, 2016) and effective January 1, 2018. The Washington Department of Labor & Industries (L&I) administers and enforces the Washington paid sick leave law.
Source: Washington L&I — lni.wa.gov/workers-rights/leave/paid-sick-leave/
Which Employers Are Covered?
The Washington paid sick leave law applies to all employers with at least one employee performing work in Washington, regardless of employer size. There is no minimum employee headcount threshold. Covered employers include private businesses, nonprofits, and public agencies. Employers operating in Seattle and Tacoma are also subject to those cities’ separate paid sick and safe time ordinances; where city requirements exceed state minimums, the more favorable standard applies.
Source: RCW 49.46.200; Washington L&I — lni.wa.gov/workers-rights/leave/paid-sick-leave/
Which Employees Are Eligible?
Paid sick leave applies to all employees as defined under RCW 49.46.010(3), including full-time, part-time, temporary, and seasonal workers. The statute excludes certain individuals: overtime-exempt salaried employees in bona fide executive, administrative, or professional roles who supervise two or more full-time employees; licensed attorneys; licensed physicians; and licensed dentists. Independent contractors are not covered. Employees hired on or after January 1, 2018 begin accruing paid sick leave from the first day of employment but may not use accrued leave until the 90th calendar day after commencement of employment (RCW 49.46.210(1)(d)).
Source: RCW 49.46.010(3); RCW 49.46.210(1)(d); Washington L&I Administrative Policy ES.A.1 — lni.wa.gov/workers-rights/leave/paid-sick-leave/
Accrual, Frontloading & Caps
Under RCW 49.46.210(1)(a), employees accrue at least one hour of paid sick leave for every 40 hours worked. Accrual applies to all hours worked and begins on the employee’s first day. There is no statutory cap on the total amount of paid sick leave an employee may accrue in a year.
Employers may alternatively frontload paid sick leave in advance of accrual, provided the frontloaded amount equals or exceeds what the employee would have accrued under the hourly method (WAC 296-128-730). A written policy is required for frontloading, and employers must notify employees of the frontloaded amount prior to implementation.
Unused paid sick leave of 40 hours or fewer must carry over to the following year under RCW 49.46.210(1)(j). Employers are not required to carry over balances exceeding 40 hours. There is no cap on the number of accrued hours an employee may use within a year — only the carryover cap applies. Washington law does not require employers to pay out unused paid sick leave upon separation from employment unless a written policy or agreement provides for this.
Source: RCW 49.46.210(1)(a), (j); WAC 296-128-730 — app.leg.wa.gov/wac/default.aspx?cite=296-128-730
Qualifying Reasons for Washington Paid Sick Leave
Under RCW 49.46.210(1)(b) and (c), accrued paid sick leave may be used for the following reasons:
- The employee’s own mental or physical illness, injury, or health condition
- The employee’s need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition
- The employee’s need for preventive medical care
- Care for a family member with a mental or physical illness, injury, or health condition, including diagnosis, care, treatment, or preventive care
- Closure of the employee’s workplace by order of a public official for a health-related reason
- Closure of a child’s school or place of care by order of a public official for a health-related reason
- Any absence qualifying under Washington’s Domestic Violence Leave Act (chapter 49.76 RCW), where the employee or a family member is a victim of domestic violence, sexual assault, or stalking
- To prepare for, or participate in, a judicial or administrative immigration proceeding involving the employee or a family member (effective July 27, 2025, under 2025 legislative changes)
Source: RCW 49.46.210(1)(b)–(c); Washington L&I — lni.wa.gov/workers-rights/leave/paid-sick-leave/
Definition of Family Member
Under RCW 49.46.210(2), “family member” includes: a child (biological, adopted, foster, step, or legal ward; or a child for whom the employee stands in loco parentis), a grandchild, a grandparent, a parent (biological, adoptive, de facto, or foster parent, stepparent, legal guardian, or person who stood in loco parentis to the employee as a minor), a sibling, a spouse, and any individual who regularly resides in the employee’s home or where the relationship creates an expectation that the employee will care for the person and that person depends on the employee for care. The definition does not include an individual who simply resides in the same home with no expectation of care.
Source: RCW 49.46.210(2) — app.leg.wa.gov/rcw/default.aspx?cite=49.46.210
Pay Rate & Documentation
Paid sick leave is compensated at the employee’s normal hourly compensation — the rate the employee would have earned during the time taken as leave (RCW 49.46.210(1)(i)). For non-hourly employees, the normal hourly compensation is calculated based on what they would have earned, including differential rates such as shift differentials.
Employers may require reasonable advance notice for foreseeable absences, consistent with written policy. For unforeseeable absences, notice must be provided as soon as practicable before the shift begins.
For absences exceeding three consecutive days the employee is scheduled to work, employers may require verification that the leave was for an authorized purpose (RCW 49.46.210(1)(g); WAC 296-128-660). Verification requirements must be set out in a written policy. Employers may not require verification that discloses specific health diagnoses, and verification requirements must not impose unreasonable expense or burden on employees.
Employers must provide employees with a one-time written notice at hire covering paid sick leave rights, accrual rate, and authorized uses. At least monthly, employers must provide employees a statement showing accrued, used, and available paid sick leave balances (RCW 49.46.210; L&I Administrative Policy ES.B.1).
Source: RCW 49.46.210(1)(g), (i); WAC 296-128-660 — app.leg.wa.gov/wac/default.aspx?cite=296-128-660; L&I Administrative Policy ES.B.1 — lni.wa.gov/workers-rights/_docs/esb1.pdf
Retaliation Protections
Under RCW 49.46.210(3)–(4), employers are prohibited from counting paid sick leave use as an absence that may lead to discipline, and from discharging, demoting, suspending, reducing pay, or otherwise retaliating against any employee for exercising rights under the Washington paid sick leave law. Employees who believe their paid sick leave rights have been violated may file a Worker Rights Complaint with L&I through the online portal or the paper form (L&I Form F700-148-000). L&I’s Employment Standards Program investigates paid sick leave complaints and may assess penalties for violations.
Source: RCW 49.46.210(3)–(4); Washington L&I Worker Rights Complaints — lni.wa.gov/workers-rights/workplace-complaints/worker-rights-complaints
Washington Paid Family & Medical Leave (WA PFML)
Does Washington Have a Paid Family & Medical Leave Program?
Yes. Washington operates a state-funded paid family and medical leave program under RCW Chapter 50A, administered by the Washington Employment Security Department (ESD). The program is known as Washington Paid Family and Medical Leave (WA PFML). Contributions began in January 2019 and benefits became available to eligible workers on January 1, 2020.
Source: Washington ESD — paidleave.wa.gov · RCW Chapter 50A — app.leg.wa.gov/rcw/default.aspx?cite=50A
Program Overview — Washington Paid Family and Medical Leave
The Washington Employment Security Department (ESD) administers WA PFML. Benefits have been available since January 1, 2020.
The program is funded by payroll premiums collected from both employees and covered employers. Effective January 1, 2026, the total premium rate is 1.13% of each employee’s gross wages (excluding tips), up to the 2026 Social Security wage cap of $184,500.
- Employer share (employers with 50+ employees): 28.57% of the total premium
- Employee share: 71.43% of the total premium, for a maximum employee contribution of $1,489.21 in 2026
- Small employers (fewer than 50 employees): Not required to pay the employer portion, but must withhold the employee’s premium or pay it on the employee’s behalf
Employers with fewer than 50 employees may be eligible for small business assistance grants under RCW 50A.24.010.
Source: Washington ESD, 2026 Premium Rate Announcement — esd.wa.gov/about-us/news-release/2025/paid-family-medical-leave-premium-rate-increases-113-2026 · paidleave.wa.gov/estimate-your-paid-leave-payments/
Qualifying Reasons for WA PFML
Under RCW 50A.05.010 and RCW 50A.15.010, eligible employees may take paid leave for:
Medical leave (employee’s own condition):
- A serious health condition that prevents the employee from performing job functions
- Prenatal or postnatal care, including pregnancy complications; any leave taken by a birthing parent in the postnatal period is designated as medical leave
Family leave:
- Bonding with a newborn, adopted child, or child placed for foster care
- Caring for a family member with a serious health condition
- Qualifying military exigency, including time with a family member who is about to deploy overseas or is returning from overseas deployment (RCW 50A.05.010(10)(c))
Source: RCW 50A.05.010; RCW 50A.15.010 — app.leg.wa.gov/rcw/default.aspx?cite=50A.15.010 · paidleave.wa.gov/find-out-how-paid-leave-works/
| Benefit Amount & Duration (2026) | |
|---|---|
| Benefit Detail | Amount |
| Wage Replacement Rate | Up to 90% of the employee's average weekly wage |
| Calculation for higher earners | 90% of 50% of the state AWW, plus 50% of the difference between the employee's AWW and one-half the state AWW |
| State Average Weekly Wage (2026) | $1,830 |
| Maximum Weekly Benefit (2026) | $1,647 |
| Minimum Weekly Benefit | $100 |
| Maximum Family Leave Duration | 12 weeks per 52-week claim year |
| Maximum Medical Leave Duration | 12 weeks per 52-week claim year |
| Combined Maximum (multiple qualifying events) | Up to 16 weeks |
| Combined Maximum (pregnancy incapacity) | Up to 18 weeks |
| Minimum Claim Duration (effective Jan. 1, 2026) | 4 consecutive hours per week |
| Waiting Period | 7 calendar days (no waiting period for birth/placement of a child or military exigency) |
| Intermittent Leave | Permitted in increments of 4 hours or more |
| Job Protection (effective Jan. 1, 2026) | Employers with 25+ employees; employee must have worked 180+ days |
| Health Insurance Continuation | Required when employee qualifies for job protection |
Source: RCW 50A.15.020; Washington ESD — paidleave.wa.gov/find-out-how-paid-leave-works/ · paidleave.wa.gov/how-paid-leave-works/
Eligibility Requirements
To qualify for WA PFML benefits, an employee must have worked 820 hours in Washington during the qualifying period. The qualifying period is normally the first four of the last five completed calendar quarters before the start of leave; if the 820-hour threshold is not met in that window, the last four completed calendar quarters may be used (RCW 50A.15.010; paidleave.wa.gov/question/qualifying-period/).
Hours are cumulative across all employers and all jobs held in Washington. Full-time, part-time, temporary, and seasonal hours all count. An employee does not need to be currently employed to receive WA PFML benefits — workers recently laid off or separated may still qualify if they meet the 820-hour threshold during the qualifying period.
Self-employed individuals and sole proprietors are not covered by default but may elect voluntary coverage through ESD.
Source: RCW 50A.15.010 — app.leg.wa.gov/rcw/default.aspx?cite=50A.15.010 · paidleave.wa.gov/find-out-how-paid-leave-works/
Family Member Definition Under WA PFML
Under RCW 50A.05.010(11), “family member” for PFML purposes includes: a child, grandchild, grandparent, parent, sibling, or spouse, and also any individual who regularly resides in the employee’s home or where the relationship creates an expectation that the employee care for the individual, and that individual depends on the employee for care. This broader definition was expanded in 2021.
Source: RCW 50A.05.010(11) — app.leg.wa.gov/rcw/default.aspx?cite=50A.05.010
How to Apply for WA PFML Benefits
Claims for WA PFML benefits are filed directly by the employee through the Employment Security Department’s online portal. Employers do not manage or adjudicate benefit claims.
The application process requires: an online account with ESD, information about the qualifying event, and — for medical or family caregiving leave — a completed certification form signed by a health care provider or other qualified authority.
Employees should apply as soon as the qualifying event is known. For planned leave (e.g., anticipated birth or scheduled surgery), ESD guidance recommends notifying the employer at least 30 days in advance (RCW 50A.15.030). For unforeseeable leave, notice should be given as soon as practicable.
After approval, employees file weekly claims through ESD to receive ongoing benefit payments. Processing time is approximately 3–4 weeks.
Source: Washington ESD — paidleave.wa.gov/apply-now/ · paidleave.wa.gov/get-ready-to-apply/ · RCW 50A.15.030
Employer Obligations Under WA PFML
Covered employers — those with at least one employee working in Washington — are required to:
- Collect and remit employee premiums (and, for employers with 50+ employees, the employer’s share) quarterly to ESD
- Display the required WA PFML poster in the workplace (RCW 50A.20.010 and 50A.20.020)
- Provide employees a written statement of rights within five business days after an employee has been absent for seven consecutive days due to a qualifying condition
- Beginning January 1, 2026: restore the job of an employee returning from PFML leave, if the employer has 25 or more employees and the employee has worked at least 180 calendar days (regardless of hours worked)
- Maintain existing health insurance coverage for any employee on job-protected PFML leave
Employers may offer a voluntary plan in lieu of the state program, if the voluntary plan’s benefits equal or exceed those of the state plan. ESD maintains a list of approved voluntary plans. Employers may not require employees to exhaust accrued PTO before receiving WA PFML benefits, unless the employee elects to use PTO as a supplemental benefit.
Source: RCW 50A.20.010; 50A.35.010; 50A.35.020 — paidleave.wa.gov/employer-roles-responsibilities/ · paidleave.wa.gov/updates/
Maternity, Paternity & Parental Leave in Washington
How Long Is Maternity Leave in Washington?
The total duration of maternity leave in Washington depends on which programs an eligible employee qualifies for, and how they are combined.
- WA PFML (medical leave for pregnancy/birth): Up to 12 weeks of paid medical leave for the birthing parent’s own serious health condition, including prenatal care and postnatal recovery. Any leave taken by the birthing parent in the postnatal period is designated medical leave under WA PFML.
- WA PFML (family leave for bonding): Up to 12 weeks of paid family leave to bond with a new child.
- Combined PFML maximum: Up to 16 weeks when a birthing parent uses both medical and family leave in the same claim year; up to 18 weeks if the birthing parent experiences a serious health condition during pregnancy resulting in incapacity (e.g., bed rest, C-section complications) (RCW 50A.15.020).
- Federal FMLA: Up to 12 weeks of unpaid, job-protected leave, which typically runs concurrently with WA PFML.
Under combined use, a birthing parent with a pregnancy-related incapacity may access up to 18 weeks of paid leave under WA PFML, with FMLA running concurrently for the portion that qualifies.
Source: RCW 50A.15.020; paidleave.wa.gov/find-out-how-paid-leave-works/
Is Maternity Leave Paid in Washington?
Washington maternity leave is paid for eligible employees through WA PFML. The benefit amount is up to 90% of the employee’s average weekly wage, capped at $1,647 per week in 2026. Employees who have worked 820 hours in the qualifying period are eligible.
Federal FMLA, which runs concurrently with WA PFML for qualifying employees, is unpaid and job-protected. Employees may elect to use accrued paid sick leave or PTO as a supplemental benefit during WA PFML to increase their total income; however, concurrent receipt of wages or non-supplemental PTO reduces the WA PFML weekly benefit payment.
Washington does not have a standalone state pregnancy disability leave (PDL) statute comparable to California’s, but pregnancy-related incapacity qualifies for medical leave under WA PFML, extending the potential combined leave to 18 weeks for birthing parents with qualifying conditions.
Source: paidleave.wa.gov/find-out-how-paid-leave-works/ · RCW 50A.15.020
Paternity Leave and Parental Leave in Washington
Non-birthing parents — including fathers, second parents, and adoptive and foster parents — are equally eligible for Washington paid family leave for bonding with a new child. WA PFML does not distinguish between birthing and non-birthing parents for purposes of bonding leave.
Eligible non-birthing parents may take up to 12 weeks of paid family leave to bond with a newborn, adopted, or foster child, at up to 90% wage replacement (maximum $1,647/week in 2026), subject to the 820-hour eligibility threshold.
Federal FMLA also provides bonding leave equally to both parents. FMLA bonding leave runs concurrently with WA PFML family leave for employers with 50+ employees.
For detailed benefit amounts, contribution rates, and application procedures, see Section 3 above.
Source: RCW 50A.05.010; paidleave.wa.gov/find-out-how-paid-leave-works/
Federal FMLA in Washington
The federal Family and Medical Leave Act (FMLA) applies to all covered employers in Washington and provides the foundational framework of unpaid, job-protected family and medical leave. For employees who work for FMLA-covered employers in Washington, WA PFML and FMLA often run concurrently, combining paid and job-protected leave into a single period.
FMLA Coverage and Eligibility
Covered employers: Private employers with 50 or more employees within a 75-mile radius; all public agencies (federal, state, and local government); and all public and private elementary and secondary schools, regardless of employee count.
Eligible employees: An employee is eligible for FMLA if they have been employed by a covered employer for at least 12 months, have worked at least 1,250 hours in the 12-month period immediately preceding the leave, and work at a location where the employer has 50 or more employees within 75 miles.
Leave entitlement: Up to 12 workweeks of unpaid, job-protected leave in a 12-month period. Up to 26 workweeks for military caregiver leave.
Source: U.S. Department of Labor, Wage and Hour Division — dol.gov/agencies/whd/fmla
Qualifying Reasons Under FMLA
Under 29 U.S.C. § 2612, FMLA leave may be taken for:
- Birth of a child and care for the newborn within the first year
- Adoption or foster care placement of a child and related bonding within the first year
- Care for a spouse, child, or parent with a serious health condition
- The employee’s own serious health condition that makes the employee unable to perform essential job functions
- Qualifying military exigency arising from a family member’s covered active military duty
- Military caregiver leave (26 weeks) for a seriously injured or ill servicemember
Source: 29 U.S.C. § 2612; U.S. DOL — dol.gov/agencies/whd/fmla
Is FMLA Paid or Unpaid?
Federal FMLA leave is unpaid. However, Washington’s WA PFML program provides wage replacement — up to 90% of the employee’s average weekly wage, capped at $1,647 per week in 2026 — for qualifying leave events that also qualify under WA PFML. For employees eligible for both programs, WA PFML and FMLA run concurrently, meaning the paid PFML benefit and the unpaid-but-job-protected FMLA period overlap rather than stack consecutively (see Section 4 below on concurrence).
Employees may also elect to use accrued paid sick leave or PTO as a supplemental benefit alongside WA PFML, which does not reduce the WA PFML benefit payment if properly designated as supplemental.
Source: dol.gov/agencies/whd/fmla · paidleave.wa.gov/find-out-how-paid-leave-works/
Does FMLA Apply to Small Businesses in Washington?
Federal FMLA applies to private employers with 50 or more employees within a 75-mile radius. Washington employers with fewer than 50 employees are not covered by federal FMLA.
Washington’s WA PFML program covers employers regardless of size — all employers with at least one employee working in Washington are covered employers under RCW Chapter 50A. Beginning January 1, 2026, job protection obligations under WA PFML apply to employers with 25 or more employees (expanding to 15 or more in 2027 and 8 or more in 2028). Employees of smaller employers can still receive WA PFML wage replacement benefits from ESD even without job protection requirements on the employer.
Source: U.S. DOL — dol.gov/agencies/whd/fmla · RCW 50A.35.010; paidleave.wa.gov/updates/
How Washington PFML Interacts with FMLA
WA PFML and federal FMLA address overlapping but distinct leave needs. Key differences and interaction rules:
Concurrence: For employers with 50 or more employees covered by federal FMLA, WA PFML and FMLA typically run concurrently — meaning the same period of leave counts against both the 12-week FMLA entitlement and the WA PFML claim. Effective January 1, 2026, legislative amendments clarified that WA PFML does not reduce FMLA benefits; employees may use both types of leave for the same qualifying event without losing entitlement under either program in isolation.
Leave stacking (2026 change): Effective January 1, 2026, employers covered by FMLA (50+ employees) have new tools to prevent consecutive “stacking” of FMLA leave followed by WA PFML leave. If an employee qualifies for WA PFML but does not apply for it during FMLA leave, the employer may — with proper written notice — count the FMLA-only leave against the maximum period of WA PFML job protection. Employees may still claim WA PFML paid benefits from ESD for remaining WA PFML duration but may not be entitled to job restoration. Employers must provide timely written notices to invoke this option; failure to do so preserves full WA PFML job protection for the employee.
| Key differences | ||
|---|---|---|
| Feature | Federal FMLA | WA PFML |
| Paid? | No — unpaid | Yes — up to 90% wage replacement |
| Employer threshold | 50+ employees within 75 miles | 1+ employee in Washington |
| Employee eligibility | 12 months + 1,250 hours | 820 hours in qualifying period |
| Job protection threshold | 50+ employees | 25+ employees (2026); expanding |
| Maximum duration | 12 weeks (26 for military caregiver) | 12–18 weeks depending on qualifying event |
| Family member definition | Spouse, child, parent | Broader — includes any dependent individual |
| Administering agency | U.S. DOL Wage and Hour Division | Washington ESD |
Source: U.S. DOL — dol.gov/agencies/whd/fmla · paidleave.wa.gov/updates/ · RCW 50A.35.010 — app.leg.wa.gov/rcw/default.aspx?cite=50A.35.010
Other Protected Leave Categories in Washington
Bereavement Leave
Washington state law does not mandate paid bereavement leave for private employers. Washington’s paid sick leave statute does not explicitly include bereavement as an authorized use; however, employers are not prevented from providing more generous policies. Some employers permit use of accrued paid sick leave or PTO for bereavement under internal policies. Public employers may have their own bereavement provisions.
Source: RCW 49.46.210(1)(e); Washington L&I — lni.wa.gov/workers-rights/leave/paid-sick-leave/
Jury Duty Leave
Washington state law (RCW 2.36.165) prohibits employers from discharging, threatening, or otherwise retaliating against any employee because the employee is summoned or serves as a juror. Washington law does not require employers to pay employees during jury service, though some employers provide pay under their own policies.
Source: RCW 2.36.165 — app.leg.wa.gov/rcw/default.aspx?cite=2.36.165
Voting Leave
Washington uses a universal vote-by-mail system (RCW 29A.40.010). All registered voters receive ballots by mail, eliminating the practical need for dedicated voting leave. Washington has no separate statutory requirement for employers to provide paid time off to vote.
Source: RCW 29A.40.010 — app.leg.wa.gov/rcw/default.aspx?cite=29A.40.010
Domestic Violence / Crime Victim Leave
Washington’s Domestic Violence Leave Act (chapter 49.76 RCW) provides separate, dedicated leave rights beyond what paid sick leave covers. Employees who are victims of domestic violence, sexual assault, or stalking — or who have a family member who is a victim — may take reasonable leave (paid or unpaid, using available accruals) to seek legal protection, safety planning, medical treatment, or housing assistance. The domestic violence leave act prohibits hiring discrimination and retaliation against actual or perceived victims.
Source: RCW chapter 49.76 — app.leg.wa.gov/rcw/default.aspx?cite=49.76&full=true · Washington L&I — lni.wa.gov/workers-rights/leave/domestic-violence-leave
Military Leave
At the federal level, the Uniformed Services Employment and Reemployment Rights Act (USERRA) protects employees who serve in the uniformed services. Washington also provides additional state military leave protections under RCW chapter 73.16. Spouses or registered domestic partners of military personnel who receive deployment orders may take up to 15 days of unpaid leave per deployment under Washington’s Military Spousal Leave statute (RCW 49.77). L&I enforces military spousal leave complaints.
Source: RCW chapter 73.16; RCW 49.77 — lni.wa.gov/workers-rights/leave/military-leave
Prenatal Leave
Washington does not have a standalone statute requiring paid prenatal leave separate from WA PFML. Prenatal care and pregnancy-related health appointments are covered qualifying reasons under both Washington paid sick leave (as preventive medical care) and WA PFML (as medical leave for the employee’s own health condition). A birthing parent may also designate prenatal leave as WA PFML medical leave.
Source: RCW 49.46.210(1)(b); RCW 50A.05.010; paidleave.wa.gov/find-out-how-paid-leave-works/
2025–2026 Updates & Recent Legislative Changes
What Changed in Washington Paid Leave Laws in 2025–2026?
Paid Sick Leave — Immigration Proceedings (Effective July 27, 2025) The Washington Legislature expanded the authorized uses of paid sick leave in 2025. Effective July 27, 2025, employees may use accrued paid sick leave to prepare for, or participate in, a judicial or administrative immigration proceeding involving themselves or a family member (RCW 49.46.210(1)(b)(iv)). Documentation requirements for this use must protect the employee’s immigration-related privacy.
Source: RCW 49.46.210(1)(b)(iv); Washington L&I — lni.wa.gov/workers-rights/leave/paid-sick-leave/
WA PFML — 2026 Premium Rate Increase (Effective January 1, 2026) The WA PFML total premium rate increased from 0.92% (2025) to 1.13% (2026) of gross wages up to the Social Security wage cap ($184,500 in 2026). The employee’s share remains 71.43% of the total premium; employers with 50 or more employees pay 28.57%.
Source: Washington ESD — esd.wa.gov/about-us/news-release/2025/paid-family-medical-leave-premium-rate-increases-113-2026
WA PFML — Maximum Weekly Benefit Increase (Effective January 1, 2026) The maximum weekly benefit under WA PFML increased from $1,542 (2025) to $1,647 (2026), based on Washington’s updated state average weekly wage of $1,830.
Source: Washington ESD — paidleave.wa.gov/how-paid-leave-works/
WA PFML — Job Protection Expanded (Effective January 1, 2026) Prior to 2026, job protection under WA PFML applied only to employees of employers with 50 or more employees who had worked at least 12 months and 1,250 hours. Effective January 1, 2026, job protection applies to employers with 25 or more employees, and eligible employees need only have worked 180 calendar days (6 months) — with no minimum hours requirement. This expansion will continue: job protection extends to employers with 15 or more employees in 2027, and to employers with 8 or more employees in 2028.
Source: RCW 50A.35.010; Washington ESD — paidleave.wa.gov/updates/
WA PFML — Health Insurance Continuation Expanded (Effective January 1, 2026) Previously, health insurance continuation was required only when WA PFML and FMLA ran concurrently. Effective January 1, 2026, any employer required to provide job-protected PFML leave must maintain existing health coverage for the full duration of the employee’s job-protected leave, regardless of FMLA status.
Source: RCW 50A.35.020; paidleave.wa.gov/updates/
WA PFML — Minimum Claim Duration Reduced (Effective January 1, 2026) The minimum claim duration for WA PFML was reduced from 8 consecutive hours to 4 consecutive hours per week. This change makes intermittent leave more accessible.
Source: RCW 50A.15.020(2)(c); paidleave.wa.gov/updates/
WA PFML — FMLA/PFML Leave Stacking Provisions (Effective January 1, 2026) Employers with 50 or more employees now have a mechanism to prevent consecutive stacking of FMLA and WA PFML job-protected leave. With proper timely written notice, a covered employer may count FMLA-only leave against the maximum WA PFML job-protection period. Full details and ESD implementing regulations were expected by end of 2025.
Source: RCW Chapter 50A (2025 amendments); paidleave.wa.gov/updates/
Pending Legislation
As of March 2026, no major additional changes to Washington’s paid sick leave or WA PFML statutes beyond those described above have been enacted for 2026. Current bill tracking is available through the Washington State Legislature at app.leg.wa.gov.
How to File a Paid Leave Complaint in Washington
Filing a Paid Sick Leave Complaint
Paid sick leave violations in Washington are enforced by the Washington Department of Labor & Industries (L&I), Employment Standards Program. Employees who believe their paid sick leave rights have been violated may:
- File a Worker Rights Complaint online through L&I’s complaint portal: lni.wa.gov/workers-rights/workplace-complaints/worker-rights-complaints
- Complete and mail paper form L&I Form F700-148-000 to the L&I office where the business is located
L&I investigates paid sick leave complaints under RCW 49.46. Anonymous complaints are not accepted. Most complaints are resolved within 90 days. L&I may assess penalties for violations and can order payment of lost wages in paid sick leave cases. Employees may also pursue civil actions in Washington courts.
Source: Washington L&I Protected Leave Complaints — lni.wa.gov/workers-rights/workplace-complaints/protected-leave-complaints
Filing a WA PFML Claim or Appeal
WA PFML claims and appeals are administered by the Washington Employment Security Department (ESD), not L&I. Employees apply for WA PFML benefits directly through ESD’s online portal at paidleave.wa.gov/apply-now/.
If a WA PFML claim is denied or a benefit amount is disputed, employees may file an appeal through ESD’s administrative appeals process. Details on the appeal process are available at paidleave.wa.gov/after-you-apply/.
Employer violations of WA PFML obligations (e.g., failure to remit premiums, retaliation against employees for using WA PFML) may be reported to ESD.
Source: Washington ESD — paidleave.wa.gov/apply-now/
Filing an FMLA Complaint
FMLA violations are enforced by the U.S. Department of Labor, Wage and Hour Division (WHD). Employees may file an FMLA complaint online or by contacting their regional WHD office:
- U.S. DOL WHD Complaint Portal: dol.gov/agencies/whd/contact/complaints
- WHD District Office Locator: dol.gov/agencies/whd/contact
Note: L&I does not have authority to investigate FMLA complaints; those must be directed to the U.S. DOL. Pregnancy and disability leave complaints are directed to the Washington Human Rights Commission.
Source: U.S. DOL WHD — dol.gov/agencies/whd/contact/complaints · Washington L&I — lni.wa.gov/workers-rights/workplace-complaints/protected-leave-complaints
Interstate Considerations for Remote Workers
Paid leave obligations in Washington are generally determined by where the employee performs work, not where the employer is headquartered. An employee who regularly performs work in Washington is generally subject to Washington’s paid sick leave requirements and WA PFML obligations, even if their employer is based outside the state.
Washington L&I Administrative Policy ES.A.13 addresses the determination of whether an employee is “Washington-based” for purposes of minimum wage and paid sick leave protections on a case-by-case basis, taking into account the regularity with which the employee performs work within Washington.
For multi-state employers, coverage under WA PFML extends to employees who perform services in Washington, regardless of employer location. Remote workers who regularly perform work from Washington locations would generally be subject to both Washington paid sick leave and WA PFML contribution requirements.
For further guidance on remote work employment law obligations in Washington, see the RemoteLaws.com Washington Remote Work Laws page at /remote-work-laws/u-s-states/washington/.
Source: Washington L&I Administrative Policy ES.A.13; paidleave.wa.gov
Frequently Asked Questions — Washington Paid Leave
How does FMLA work in Washington?
The federal Family and Medical Leave Act (FMLA) applies to Washington employers with 50 or more employees within a 75-mile radius. Eligible employees who have worked at least 12 months and 1,250 hours may take up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons. FMLA runs concurrently with WA PFML for eligible employees. (Source: U.S. DOL — dol.gov/agencies/whd/fmla)
How long is maternity leave in Washington?
A birthing parent in Washington may access up to 18 weeks of paid leave under WA PFML — up to 12 weeks of medical leave for pregnancy and postpartum recovery, plus up to 12 weeks of family leave for bonding, with an 18-week combined maximum if pregnancy incapacity applies. Federal FMLA provides an additional 12 weeks unpaid and typically runs concurrently with WA PFML. (Source: RCW 50A.15.020; paidleave.wa.gov/find-out-how-paid-leave-works/)
Is maternity leave paid or unpaid in Washington?
Washington maternity leave is paid for eligible employees through WA PFML, at up to 90% of the employee’s average weekly wage, capped at $1,647/week in 2026. Eligibility requires 820 hours worked in the qualifying period. Federal FMLA, which runs concurrently, is unpaid. (Source: paidleave.wa.gov/find-out-how-paid-leave-works/)
Who is eligible for FMLA in Washington?
Employees working for a covered employer (50+ employees within 75 miles) who have been employed for at least 12 months and worked 1,250 hours in the preceding 12 months are eligible for FMLA. All public agencies are covered regardless of size. (Source: U.S. DOL — dol.gov/agencies/whd/fmla)
Is FMLA leave paid in Washington?
Federal FMLA leave is unpaid. Washington’s WA PFML program provides paid wage replacement — up to 90% of average weekly wages, capped at $1,647/week in 2026 — for qualifying events, and WA PFML typically runs concurrently with FMLA for eligible employees. (Source: dol.gov/agencies/whd/fmla; paidleave.wa.gov)
Does Washington have paid sick leave?
Yes. Washington requires all employers to provide paid sick leave at an accrual rate of 1 hour per 40 hours worked, under RCW Chapter 49.46. The requirement applies to all employers regardless of size and has been in effect since January 1, 2018. (Source: Washington L&I — lni.wa.gov/workers-rights/leave/paid-sick-leave/)
Does Washington have paid family leave?
Yes. Washington operates WA PFML, a state-funded paid family and medical leave program administered by ESD. Eligible employees may receive up to 90% wage replacement (maximum $1,647/week in 2026) for qualifying family and medical leave events. (Source: paidleave.wa.gov)
How many sick days are required in Washington?
Washington does not set a fixed number of sick days. Employees accrue at least 1 hour of paid sick leave for every 40 hours worked, with no annual accrual cap. Unused leave of up to 40 hours must carry over annually. A full-time employee working 2,080 hours per year would accrue at least 52 hours. (Source: RCW 49.46.210(1)(a), (j))
Does FMLA apply to small businesses in Washington?
Federal FMLA does not apply to private employers with fewer than 50 employees within a 75-mile radius. However, Washington’s WA PFML program covers all employers with at least one employee in Washington, regardless of size. Job protection under WA PFML applies to employers with 25 or more employees as of 2026. (Source: dol.gov/agencies/whd/fmla; RCW 50A.35.010)
How long is paternity leave in Washington?
Non-birthing parents in Washington are eligible for up to 12 weeks of paid family leave under WA PFML to bond with a new child, at up to 90% wage replacement (maximum $1,647/week in 2026). WA PFML does not distinguish between birthing and non-birthing parents for bonding leave. (Source: paidleave.wa.gov/find-out-how-paid-leave-works/)
Can an employer deny paid sick leave in Washington?
Under RCW 49.46.210(3), employers may not deny authorized paid sick leave use or discipline employees for using it. Employers may deny payment only if they can demonstrate the leave was not for an authorized purpose. Employees may file a Worker Rights Complaint with L&I. (Source: RCW 49.46.210(3); lni.wa.gov/workers-rights/workplace-complaints/worker-rights-complaints)
Is paid sick leave available to part-time employees in Washington?
Yes. Washington’s paid sick leave law applies to part-time, temporary, and seasonal employees on the same basis as full-time employees. Accrual is based on hours worked — 1 hour per 40 hours worked — with no distinction by employment status. (Source: RCW 49.46.210; Washington L&I — lni.wa.gov/workers-rights/leave/paid-sick-leave/)
Can Washington paid sick leave be used for a family member’s illness?
Yes. Under RCW 49.46.210(1)(b)(ii), accrued paid sick leave may be used to care for a family member with a mental or physical illness, injury, or health condition, including the need for medical diagnosis, treatment, or preventive care. (Source: RCW 49.46.210(1)(b)(ii))
What happens to unused sick leave if an employee leaves their job in Washington?
Washington law does not require employers to pay out unused accrued sick leave upon termination, resignation, retirement, or other separation from employment (RCW 49.46.210(1)(k)). Employers may choose to cash out unused leave under a written policy, but it is not mandated. (Source: RCW 49.46.210(1)(k))
Is there a waiting period before using paid sick leave in Washington?
Employees begin accruing paid sick leave on their first day of work, but employers may require a 90-calendar-day waiting period before employees may use accrued leave (RCW 49.46.210(1)(d)). (Source: RCW 49.46.210(1)(d))
How much does Washington paid family leave pay?
WA PFML provides up to 90% of the employee’s average weekly wage, subject to the annual maximum. The maximum weekly benefit in 2026 is $1,647. Lower-wage workers whose average weekly wage is at or below 50% of the state AWW ($1,830) receive 90% of their AWW. (Source: paidleave.wa.gov/find-out-how-paid-leave-works/)
How long is paid family leave in Washington?
Eligible employees may receive up to 12 weeks of paid family leave per claim year for bonding with a new child, caring for a family member with a serious health condition, or a qualifying military exigency. Combined with medical leave, the maximum is 16 weeks (18 weeks with pregnancy incapacity). (Source: RCW 50A.15.020)
Who pays for Washington paid family leave — the employer or employee?
Both. The 2026 total premium is 1.13% of gross wages. Employees pay 71.43% of the total; employers with 50+ employees pay 28.57%. Employers with fewer than 50 employees are not required to pay the employer portion but must collect the employee’s share. (Source: paidleave.wa.gov/estimate-your-paid-leave-payments/)
Can Washington paid family leave and FMLA be taken at the same time?
Yes. For eligible employees, WA PFML and FMLA typically run concurrently for qualifying events. Effective January 1, 2026, amendments clarified concurrence rules and provided employers with tools to prevent consecutive stacking of job-protected leave. (Source: paidleave.wa.gov/updates/)
Is the job protected during Washington paid family leave?
Effective January 1, 2026, employees who have worked for an employer with 25 or more employees for at least 180 calendar days are entitled to job restoration after WA PFML leave. This threshold expands to 15+ employees in 2027 and 8+ employees in 2028. (Source: RCW 50A.35.010; paidleave.wa.gov/updates/)
What is the Washington PFML contribution rate for 2026?
The total WA PFML premium rate for 2026 is 1.13% of gross wages up to $184,500. Employees pay 71.43% (maximum contribution: $1,489.21). Employers with 50+ employees pay 28.57%. (Source: paidleave.wa.gov/estimate-your-paid-leave-payments/)
How to apply for Washington paid family leave?
Claims are filed directly by employees through the Washington ESD online portal at paidleave.wa.gov/apply-now/. Employees need an ESD account, information about the qualifying event, and applicable certification forms. Processing time is approximately 3–4 weeks. Employers are not involved in claim adjudication. (Source: paidleave.wa.gov/apply-now/)
Can Washington paid family leave be taken intermittently?
Yes. WA PFML may be taken intermittently in blocks of 4 consecutive hours or more per week (reduced from 8 hours, effective January 1, 2026). (Source: RCW 50A.15.020(2)(c))
Sources & Verification Log
| Source Documentation — Washington Paid Leave Laws | |||
|---|---|---|---|
| Section | Source | URL | Date Verified |
| Paid Sick Leave — Statute | Washington Legislature, RCW 49.46.210 | app.leg.wa.gov/rcw/default.aspx?cite=49.46.210 | March 2026 |
| Paid Sick Leave — Agency guidance | Washington L&I | lni.wa.gov/workers-rights/leave/paid-sick-leave/ | March 2026 |
| Paid Sick Leave — Admin Policy | Washington L&I Administrative Policy ES.B.1 | lni.wa.gov/workers-rights/_docs/esb1.pdf | March 2026 |
| Sick Leave Family Member Definition | RCW 49.46.210(2) | app.leg.wa.gov/rcw/default.aspx?cite=49.46.210 | March 2026 |
| Sick Leave Frontloading | WAC 296-128-730 | app.leg.wa.gov/wac/default.aspx?cite=296-128-730 | March 2026 |
| Sick Leave Verification | WAC 296-128-660 | app.leg.wa.gov/wac/default.aspx?cite=296-128-660 | March 2026 |
| Domestic Violence Leave | RCW Chapter 49.76 | app.leg.wa.gov/rcw/default.aspx?cite=49.76 | March 2026 |
| WA PFML — Program home | Washington ESD | paidleave.wa.gov | March 2026 |
| WA PFML — Statute | RCW Chapter 50A | app.leg.wa.gov/rcw/default.aspx?cite=50A | March 2026 |
| WA PFML — Eligibility hours | RCW 50A.15.010 | app.leg.wa.gov/rcw/default.aspx?cite=50A.15.010 | March 2026 |
| WA PFML — Benefit amount & duration | RCW 50A.15.020 | app.leg.wa.gov/rcw/default.aspx?cite=50A.15.020 | March 2026 |
| WA PFML — How leave works | Washington ESD | paidleave.wa.gov/find-out-how-paid-leave-works/ | March 2026 |
| WA PFML — 2026 premium rate | Washington ESD | esd.wa.gov/.../paid-family-medical-leave-premium-rate-increases | March 2026 |
| WA PFML — Premium calculator | Washington ESD | paidleave.wa.gov/estimate-your-paid-leave-payments/ | March 2026 |
| WA PFML — Updates | Washington ESD | paidleave.wa.gov/updates/ | March 2026 |
| WA PFML — Apply | Washington ESD | paidleave.wa.gov/apply-now/ | March 2026 |
| WA PFML — Job protection | RCW 50A.35.010 | app.leg.wa.gov/rcw/default.aspx?cite=50A.35.010 | March 2026 |
| WA PFML — Family member definition | RCW 50A.05.010 | app.leg.wa.gov/rcw/default.aspx?cite=50A.05.010 | March 2026 |
| Sick Leave Complaints | Washington L&I | lni.wa.gov/workers-rights/workplace-complaints/protected-leave-complaints | March 2026 |
| FMLA | U.S. Department of Labor, Wage and Hour Division | dol.gov/agencies/whd/fmla | March 2026 |
| FMLA Complaints | U.S. DOL WHD | dol.gov/agencies/whd/contact/complaints | March 2026 |
| Jury Duty Leave | RCW 2.36.165 | app.leg.wa.gov/rcw/default.aspx?cite=2.36.165 | March 2026 |
| Military Leave | RCW Chapter 73.16; RCW 49.77 | app.leg.wa.gov/rcw/default.aspx?cite=49.77 | March 2026 |