You shouldn’t be fired after taking paid leave — Washington expands who qualifies

New rules protect more workers starting 2026

Washington workers got stronger job protections on Jan. 1, 2026.

Gov. Bob Ferguson signed House Bill 1213 last May, and the law changes who qualifies for job protection under the state’s Paid Family and Medical Leave program.

The big picture: workers now keep their jobs after taking paid leave with fewer hoops to jump through.

Job protection means your employer has to let you come back to the same position, or one with equal pay and benefits, once your leave ends.

The program covers serious health and family needs

Washington’s Paid Family and Medical Leave program has been running since 2020.

It gives eligible workers up to 12 weeks of paid leave per year for things like a serious health condition, caring for a sick family member, bonding with a new baby, or certain military family needs.

Workers dealing with both family and medical leave in the same year can get up to 16 weeks, or 18 weeks if pregnancy complications are involved.

The state Employment Security Department runs the whole program, not employers.

Old rules shut out many workers

Before 2026, workers had to put in 12 months on the job and clock 1,250 hours in the prior year just to qualify for job protection. On top of that, only people at companies with 50 or more employees were covered.

That left a lot of part-time workers and employees at smaller businesses out in the cold.

They could still get paid leave benefits, but nothing stopped their employer from giving away their position while they were gone.

180 days replaces the old hours requirement

The biggest change is simple: workers now qualify for job protection after just 180 calendar days on the job, roughly six months. The old 1,250-hour requirement is gone entirely.

That matters most for part-time workers, who sometimes couldn’t hit that hours mark even after years of employment.

The 180-day clock starts ticking from the employee’s first day of work, no matter how many hours they put in each week.

Smaller businesses must now comply

The employer size threshold dropped from 50 workers to 25 in 2026, which means job protection now reaches employees at many small and mid-size businesses for the first time. And the bar keeps dropping.

Companies with 15 or more employees must comply starting in 2027. By 2028, businesses with just eight or more workers will need to provide job protection.

The state published a comparison of old and new rules on its Paid Leave website.

Health coverage now stays during leave

Employers must keep a worker’s health insurance active during any job-protected paid leave.

Before this change, employers only had to continue coverage when paid leave overlapped with federal Family and Medical Leave Act (FMLA) leave.

That gap left some workers at risk of losing their health plan.

Workers still have to pay their share of insurance premiums while they’re out, but the coverage itself can no longer be pulled just because someone takes state-protected leave.

Workers can take leave in smaller chunks

The minimum amount of leave workers can take dropped from eight consecutive hours to four consecutive hours per week.

That’s a practical change for people who need shorter, more flexible time off, like someone with recurring medical appointments who only needs a few hours each week.

Workers still file their weekly claims through the Employment Security Department, the same as before.

State and federal leave can now run together

Many workers qualify for both Washington’s paid leave and federal FMLA protections. Under the new law, employers can count FMLA leave time toward the state’s job protection period.

But there’s a catch: employers have to notify the worker in writing within five business days of the leave request, then send monthly updates after that.

This stops workers from stacking the two programs back-to-back for longer total coverage. It also means some workers may end up with less total job-protected time than they expected.

Premium costs went up in 2026

The program runs on payroll premiums split between workers and employers. The total rate for 2026 climbed to about 1.13% of gross wages, up from roughly 0.92% in 2025.

Employees cover about 71% of that, with employers of 50 or more workers paying the rest. For someone earning $50,000 a year, the employee share works out to about $403 annually.

Businesses with fewer than 50 employees don’t pay the employer portion but still have to collect from workers.

Weekly benefits rose for 2026

Workers filing claims in 2026 can receive up to about $1,647 per week, up from roughly $1,542 in 2025. The program pays up to 90% of a worker’s weekly wages, capped at that maximum.

Workers apply directly through the Employment Security Department.

Processing typically takes three to four weeks, so planning ahead helps, especially for things like a baby’s due date or a scheduled surgery.

Employers face new posting and audit rules

Employers with 25 or more workers must follow the updated rules and post the 2026 mandatory workplace poster, which is available on the state’s Paid Leave website.

They also have to notify workers in writing about their job protection rights, including when those rights end.

The state Employment Security Department now has the power to audit employer records to check whether businesses are following the law.

Workers should know their rights now

The law took effect Jan. 1, 2026, and employers cannot fire, demote, or punish workers for taking approved paid leave.

There is one narrow exception: employers can deny job restoration to their highest-paid 10% of salaried workers if bringing them back would cause serious financial harm.

Workers who don’t return by their first scheduled workday after leave ends may lose their job protection rights. More details and applications are available through the state Employment Security Department.

This article was created with AI assistance and human editing.

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