Washington Leave Laws

Washington’s leave framework is built around several separate but overlapping programs. The most important distinction is whether a law provides job protection, paid wage replacement, or both.

Washington Paid Family and Medical Leave is the state’s primary paid family and medical leave program. It is administered by the Washington Employment Security Department and generally provides paid leave benefits to workers who meet the hours-worked requirement and have a qualifying family or medical reason. Washington also has separate protected leave rights administered or enforced by the Department of Labor & Industries, including paid sick leave, Family Care Act leave, domestic violence leave, military family leave, and certain emergency personnel protections. Pregnancy and disability accommodation protections are connected to the Washington Law Against Discrimination and the Washington State Human Rights Commission.

WA State Leave Regulation

Washington’s leave framework is built around several separate but overlapping programs. The most important distinction is whether a law provides job protection, paid wage replacement, or both.

Washington Paid Family and Medical Leave is the state’s primary paid family and medical leave program. It is administered by the Washington Employment Security Department and generally provides paid leave benefits to workers who meet the hours-worked requirement and have a qualifying family or medical reason. Washington also has separate protected leave rights administered or enforced by the Department of Labor & Industries, including paid sick leave, Family Care Act leave, domestic violence leave, military family leave, and certain emergency personnel protections. Pregnancy and disability accommodation protections are connected to the Washington Law Against Discrimination and the Washington State Human Rights Commission.

State Leave Summary Table

FieldState-Specific Summary
StateWashington
Primary Leave AgenciesWashington Employment Security Department; Washington Department of Labor & Industries; Washington State Human Rights Commission
Main Leave CategoriesPaid Family and Medical Leave, paid sick leave, family care leave, pregnancy/disability leave and accommodations, domestic violence/safe leave, military family leave, emergency personnel leave
Federal InteractionWashington PFML may overlap with FMLA. Starting in 2026, employers may count FMLA job-protected leave against Washington Paid Leave job-protection time if required notices are provided.

Job Protected Entitlements

Leave TypeWA Law/ ProgramJob ProtectedPaid LeaveCovered EmployersEmployee EligibilityDuration
State Family / Medical LeaveWashington Paid Family and Medical LeaveYes, if job-protection requirements are metYes, wage replacement through PFMLMost WA employers; job-protection threshold phases down from 25+ employees in 2026, 15+ in 2027, and 8+ in 2028Generally 820 hours worked in WA during qualifying period for benefits; job protection requires 180 days with employer under 2026 changesGenerally up to 12 weeks; up to 16 or 18 weeks in certain combined family/medical or pregnancy-related circumstances
Pregnancy / Disability LeaveWashington Law Against Discrimination / pregnancy and disability accommodation protectionsProtected accommodation / leave may be requiredUsually unpaid unless PFML, paid sick leave, PTO, or employer policy appliesEmployers covered by Washington discrimination law; L&I notes pregnancy/disability leave is administered by WSHRCEmployee has pregnancy-related disability or qualifying disability-related needDuration depends on medical need and reasonable accommodation analysis

Paid Benefit Programs

Leave TypeWA Law/ ProgramJob ProtectedPaid LeaveAdministered ByEligibility BasisDuration
Family Care ActWashington Family Care ActProtected use of earned paid leaveUses employee’s available paid leaveWashington Department of Labor & IndustriesEmployee has earned paid leave and uses it for qualifying family care reasonsDuration depends on available paid leave balance

Job-Protected Leave Entitlement Descriptions

These laws create a protected right to take time away from work and generally require the employer to preserve employment rights, restore the employee to the same or comparable position, or otherwise avoid interference or retaliation.

Washington Paid Family and Medical Leave

Washington PFML is the state’s central paid family and medical leave program. It generally provides paid leave for an employee’s own serious health condition, family caregiving, bonding with a new child, and certain military family reasons. The wage-replacement eligibility test is generally based on whether the worker has worked at least 820 hours in Washington during the qualifying period. Job protection is a separate analysis and, beginning in 2026, is being expanded in phases based on employer size and the employee’s tenure with the employer.

Pregnancy and Disability Leave / Accommodation

Washington does not mirror California’s separate Pregnancy Disability Leave structure. Instead, pregnancy-related leave and disability-related leave often arise through reasonable accommodation and anti-discrimination obligations. The Washington State Human Rights Commission identifies disability discrimination and failure to reasonably accommodate a disability as violations of Washington law. L&I also lists pregnancy and disability leave as a protected leave area administered by the Human Rights Commission.

Family Care Act

The Washington Family Care Act does not create a new bank of paid leave. Instead, it allows employees to use certain earned paid leave benefits, such as paid sick leave, vacation, PTO, personal holidays, compensatory time for government employers, and certain short-term disability plans, to care for qualifying family members.

*State Leave Law Summaries are for informational purposes only and are subject to change. To the extent possible, we will update these leave laws as and when States update their policies. However, there may be a time lag. Further, for specific applicability with a personal situation, Qcera advises contacting your employer’s HR department for support.

Sources Reviewed