Washington State has passed new legislation—HB 1213—that significantly expands job protection under the Paid Family and Medical Leave (PFML) program. These changes, set to take effect January 1, 2026, will impact employers of all sizes and require policy and process updates to remain compliant.
Here’s what employers need to know.
Key Changes Under HB 1213
1. Job Protection for More Employees
Currently, job protection under PFML is limited to employees who:
- Work for an employer with 50+ employees,
- Have been employed for at least 12 months, and
- Worked 1,250 hours in the prior year.
HB 1213 removes the 50-employee threshold and lowers the tenure requirement. Starting in 2026, any employee who has been employed for at least 180 calendar days before taking leave will be entitled to job protection, regardless of employer size or hours worked.
2. FMLA Leave Can Count Toward PFML Job Protection
Under the new law, unpaid leave taken under the federal Family and Medical Leave Act (FMLA) may count toward the total amount of job-protected WA PFML leave, but only if employers provide timely written notice to the employee (details below).
3. Shorter Minimum Leave Duration
The minimum claim duration for PFML benefits will be reduced from eight hours to four hours, making it easier for employees to take shorter, more flexible leave periods when needed.
4. Health Benefits Continuation
If an employee is entitled to job protection under PFML, employers must maintain their health care benefits during leave, similar to requirements under the FMLA. This ensures continued access to health insurance while the employee is away.
New Employer Notice Requirements
HB 1213 adds two targeted written notice obligations for employers, effective January 1, 2026:
1. Notice to Count FMLA Leave Toward PFML Job Protection
If an employee is eligible for WA PFML but does not apply to receive state benefits during their FMLA leave, and the employer intends to count this leave against the employee’s WA PFML job protection entitlement, the employer must provide written notice to the employee. This notice must include:
- Confirmation that the leave is designated as FMLA leave.
- The amount of FMLA leave used and remaining.
- The start and end dates of the 12-month FMLA leave period.
- Notification that the unpaid leave will count toward the maximum leave qualifying for employment restoration under WA PFML.
- An estimate of the total amount of unpaid leave counted towards the maximum, based on information from the employee and the ESD.
- A statement that this designation does not affect the employee’s eligibility for WA PFML benefits.
This notice must be provided within five business days of the employee’s initial request for or use of FMLA leave, whichever occurs first, and then monthly thereafter for the remainder of the FMLA 12-month period.
2. Notice of Reinstatement Rights and Return-to-Work Timing
When an employee is on WA PFML leave with job protection, the employer must now provide written notice of:
- The employee’s right to be reinstated, and
- The employee’s anticipated return-to-work date.
This written notice must be provided before the employee returns to work, adding a new procedural requirement for HR teams managing leave and reinstatement.
What Employers Should Do Now
Even though the changes won’t take effect until 2026, now is the time for HR teams to:
- Review and revise leave policies to align with expanded job protection.
- Develop templates and workflows to ensure timely written notices for FMLA coordination and reinstatement.
- Train HR and managers to recognize qualifying situations and meet notice deadlines.
- Prepare for benefit continuation compliance during protected leave.
About Sparrow
Leave is complicated, but managing it doesn’t have to be. Sparrow supports employers and employees through every step of the leave journey, ensuring smooth communication, clear documentation, and minimal disruption to your team.