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HB1213 • 2026

Paid family & medical leave

Expanding protections for workers in the state paid family and medical leave program.

Healthcare Labor Small Business
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Representative Berry, Representative Fosse, Representative Reed, Representative Obras, Representative Fitzgibbon, Representative Alvarado, Representative Mena, Representative Macri, Representative Ryu, Representative Farivar, Representative Doglio, Representative Simmons, Representative Peterson, Representative Street, Representative Wylie, Representative Pollet, Representative Ormsby, Representative Lekanoff, Representative Salahuddin, Representative Hill
Last action
2025-03-10
Official status
H subst for
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Paid family & medical leave

Paid family & medical leave

What This Bill Does

  • Paid family & medical leave

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

1213-S2.E AMS LC S2578.1

0 • Labor & Commerce

OUT OF ORDER

Plain English: 1213-S2.E AMS LC S2578.1 E2SHB 1213 - S COMM AMD By Committee on Labor & Commerce OUT OF ORDER 04/15/2025 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.

  • 1213-S2.E AMS LC S2578.1 E2SHB 1213 - S COMM AMD By Committee on Labor & Commerce OUT OF ORDER 04/15/2025 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.
  • 1.
  • RCW 50A.05.020 and 2019 c 13 s 30 are each amended to 3 read as follows: 4 (1) The department shall establish and administer the family and 5 medical leave program and pay family and medical leave benefits as 6 specified in this title.
  • The department shall adopt government 7 efficiencies to improve administration and reduce costs.
1213-S2.E AMS WM S2844.2

0 • Ways & Means

ADOPTED

Plain English: 1213-S2.E AMS WM S2844.2 E2SHB 1213 - S COMM AMD By Committee on Ways & Means ADOPTED 04/15/2025 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.

  • 1213-S2.E AMS WM S2844.2 E2SHB 1213 - S COMM AMD By Committee on Ways & Means ADOPTED 04/15/2025 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.
  • 1.
  • RCW 50A.05.020 and 2019 c 13 s 30 are each amended to 3 read as follows: 4 (1) The department shall establish and administer the family and 5 medical leave program and pay family and medical leave benefits as 6 specified in this title.
  • The department shall adopt government 7 efficiencies to improve administration and reduce costs.
NOT ADOPTED

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  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1213-S2 AMH ....
  • LEON 941 1 - Official Print 1213-S2 AMH CORR LEON 941 2SHB 1213 - H AMD 638 By Representative Corry NOT ADOPTED 03/10/2025 On page 2, line 35, after "(1)" strike "The" and insert "((The)) Except where an individual has opted out of coverage under section 3 of this act, the" On page 4, after line 40, insert the following: "NEW SECTION.
  • Sec.
  • 3.
NOT ADOPTED

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  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1213-S2 AMH ....
  • LEON 944 1 - Official Print 1213-S2 AMH CORR LEON 944 2SHB 1213 - H AMD 639 By Representative Corry NOT ADOPTED 03/10/2025 On page 10, at the beginning of line 28, strike "(3)(a)" and insert "(3)(((a)))" On page 10, beginning on line 28, after "grant" strike all material through "leave." on page 11, line 2 and insert "((of three thousand dollars if the employer hires)) to cover the employer's actual costs of hiring a temporary worker to replace an employee on family or medical leave for a period of seven days or more((.
  • (b) For an employee's family or medical leave, an employer may receive a grant of up to one thousand dollars as reimbursement)) or for ((significant)) additional wage-related costs due to the employee's leave.
  • (((c) An employer may receive a grant under (a) or (b) of this subsection, but not both, except that an employer who received a grant under (b) of this subsection may receive a grant of the difference between the grant awarded under (b) of this subsection and three thousand dollars if the employee on leave extended the leave beyond the leave initially planned and the employer hired a temporary worker for the employee on leave.))" On page 11, line 8, after "or" strike "significant" and insert "((significant))" On page 11, beginning on line 26, after "grant" strike all material through "significant" on line 29 and insert "to cover the employer's actual costs of hiring a temporary worker to replace an 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1213-S2 AMH ....
NOT ADOPTED

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  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1213-S2 AMH ....
  • LEON 943 1 - Official Print EFFECT: Requires the Employment Security Department to verify that an employee is not disqualified from receiving family or medical leave benefits based on the employee receiving unemployment compensation or time loss compensation through the workers' 1213-S2 AMH CORR LEON 943 2SHB 1213 - H AMD 640 By Representative Corry NOT ADOPTED 03/10/2025 On page 6, after line 34, insert the following: "Sec.
  • 4.
  • RCW 50A.15.100 and 2020 c 125 s 7 are each amended to read as follows: (1) Leave from employment under this title is in addition to leave from employment during which benefits are paid or are payable under Title 51 RCW or other applicable federal or state industrial insurance laws.
NOT ADOPTED

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  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1213-S2 AMH ....
  • LEON 942 1 - Official Print 1213-S2 AMH CORR LEON 942 2SHB 1213 - H AMD 641 By Representative Corry NOT ADOPTED 03/10/2025 On page 5, beginning on line 28, after "for" strike "((eight)) four consecutive hours of leave" and insert "eight consecutive hours of leave, except as provided under section 11 of this act" On page 7, beginning on line 30, strike all of sections 6 through 9 Renumber the remaining sections consecutively and correct any internal references accordingly.
  • On page 14, beginning on line 20, after "(6)(a)" strike all material through "leave" on line 30 and insert "((This)) Except as provided in section 11 of this act, this section does not apply unless the employee: (i) Works for an employer with ((fifty)) 50 or more employees; (ii) has been employed by the current employer for ((twelve)) 12 months or more; and (iii) has worked for the current employer for at least ((one thousand two hundred fifty)) 1,250 hours during the ((twelve)) 12 months immediately preceding the date on which leave will commence.
  • For the purposes of this subsection, an employer shall be considered to employ ((fifty)) 50 or more employees if the employer employs ((fifty)) 50 or more employees for each working day during each of ((twenty)) 20 or more calendar workweeks in the current or preceding calendar year" On page 17, beginning on line 3, strike all of section 11 and insert the following: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1213-S2 AMH ....
1213-S2 AMH JACO LEON 948

707 • Jacobsen

NOT ADOPTED

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  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1213-S2 AMH ....
  • LEON 948 1 - Official Print EFFECT: Requires employers with 20 or more employees to provide employment protection to qualifying employees (rather than requiring all employers to provide employment protection as provided in the underlying bill, or requiring employers with 50 or more employees to provide employment protection as provided in current law).
  • 1213-S2 AMH JACO LEON 948 2SHB 1213 - H AMD 707 By Representative Jacobsen NOT ADOPTED 03/10/2025 On page 14, beginning on line 20, after "employee" strike all material through "(ii)" on line 21 and insert ": (i) Works for an employer with ((fifty)) 20 or more employees; and (ii) ((" --- END
1213-S2 AMH JACO LEON 951

708 • Jacobsen

NOT ADOPTED

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  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1213-S2 AMH ....
  • LEON 951 1 - Official Print EFFECT: Allows an employee or employer to bring a private right of action against the Employment Security Department (Department) for failing to send payments for benefits or grants within the required 14-day time period.
  • Provides that the employee or employer is entitled to damages equal to three times actual damages, plus reasonable attorneys' fees and costs.
  • Specifies that the cost for any award against the Department may not be paid from the Family and Medical Leave Insurance Account.
1213-S2 AMH MANJ LEON 952

709 • Manjarrez

NOT ADOPTED

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  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1213-S2 AMH ....
  • LEON 952 1 - Official Print EFFECT: Provides that the bill takes effect on the later of: (1) January 1, 2026; or (2) 90 days following the date upon which the Employment Security Department certifies that it has reduced its call wait times for services to an average of fewer than 15 minutes for at least 30 days.
  • 1213-S2 AMH MANJ LEON 952 2SHB 1213 - H AMD 709 By Representative Manjarrez NOT ADOPTED 03/11/2025 On page 17, line 22, after "12." strike "This act takes effect January 1, 2026" and insert "(1) This act takes effect on the later of: January 1, 2026; or 90 days following the date upon which written certification is received from the employment security department under this section.
  • (2) The employment security department shall submit written certification to the chief clerk of the house of representatives, the secretary of the senate, and the office of the code reviser, when the employment security department has reduced its call wait times for services to an average of fewer than 15 minutes for at least 30 days" --- END
1213-S2 AMH SCHM LEON 139

710 • Schmidt

NOT ADOPTED

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  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1213-S2 AMH ....
  • LEON 139 1 - Official Print 1213-S2 AMH SCHM LEON 139 2SHB 1213 - H AMD 710 By Representative Schmidt NOT ADOPTED 03/10/2025 On page 14, line 31, after "section" strike "to any" and insert "((to any )) if: (i) The employee is a" On page 14, beginning on line 34, after "employed" strike "if: (i)" and insert "((if)) and all of the following apply: (((i))) (A)" On page 14, at the beginning of line 37, strike "(ii)" and insert "(((ii))) (B)" On page 15, at the beginning of line 1, strike "(iii)" and insert "(((iii))) (C)" On page 15, line 2, after "notice" insert "; (ii) The employer has fewer than 20 employees; or (iii) The employer has fewer than 50 employees and one or more of the following applies: (A) The employee worked less than an average of 20 hours per week during the previous 180 days for the current employer; (B) The employer is a state or local government or an entity that contracts with a state or local government, and the employee provides an essential service that cannot be delivered at the same rate without the employee; (C) The employee was hired to perform a specialized service or task and that service or task cannot be performed while the employee is absent on leave; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1213-S2 AMH ....
  • LEON 139 2 - Official Print EFFECT: Allows an employer to deny employment restoration to an employee if the employer has fewer than 20 employees.
  • Allows an employer to deny employment restoration to an employee if the employer has fewer than 50 employees and one or more of the following applies: the employee worked less than an average of 20 hours per week during the previous 180 days for the current employer; the employer is a state or local government or an entity that contracts with a state or local government, and the employee provides an essential service that cannot be delivered at the same rate without the employee; the employee was hired to perform a specialized service or task and that service or task cannot be performed while the employee is absent on leave; the employee has not yet completed a training program necessary for the position for which the employee was hired, and restoration to his or her enrollment in the same training program is not available; or the employee was hired for a temporary or seasonal position, and the temporary time period or season will have commenced or partially commenced by the return date.
1213-S2 AMH GRIF LEON 140

713 • Griffey

NOT ADOPTED

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  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1213-S2 AMH ....
  • LEON 140 1 - Official Print EFFECT: Allows an employer to deny employment restoration to an employee if the leave is taken during a period in which the 1213-S2 AMH GRIF LEON 140 2SHB 1213 - H AMD 713 By Representative Griffey NOT ADOPTED 03/11/2025 On page 14, line 31, after "section" strike "to any" and insert "((to any )) if: (i) The employee is a" On page 14, beginning on line 34, after "employed" strike "if: (i)" and insert "((if)) and all of the following apply: (((i))) (A)" On page 14, at the beginning of line 37, strike "(ii)" and insert "(((ii))) (B)" On page 15, at the beginning of line 1, strike "(iii)" and insert "(((iii))) (C)" On page 15, line 2, after "notice" insert "; or (ii) The leave is taken during a period in which the employee is enrolled in a training academy, course, or other program necessary for the employee to become qualified for his or her position, and the leave prevents the employee from successful and timely completion of the training academy, course, or other program.
  • An employer may develop a policy regarding rehiring an employee who was denied employment restoration under this subsection pending timely reenrollment in the training academy, course, or other program" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1213-S2 AMH ....
  • LEON 140 2 - Official Print employee is enrolled in a training academy, course, or other program necessary for the employee to become qualified for his or her position, and the leave prevents the employee from successful and timely completion of the training academy, course, or other program.
1213-S2 AMH GRIF LEON 141

714 • Griffey

NOT ADOPTED

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  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1213-S2 AMH ....
  • LEON 141 1 - Official Print EFFECT: Allows an employer to deny employment restoration to an employee if less than 180 days have passed since the employee completed a training academy, course, or other program necessary for the employee to become qualified for his or her position, or the employee has not completed said training academy, course, or other program.
  • 1213-S2 AMH GRIF LEON 141 2SHB 1213 - H AMD 714 By Representative Griffey NOT ADOPTED 03/11/2025 On page 14, line 31, after "section" strike "to any" and insert "((to any )) if: (i) The employee is a" On page 14, beginning on line 34, after "employed" strike "if: (i)" and insert "((if)) and all of the following apply: (((i))) (A)" On page 14, at the beginning of line 37, strike "(ii)" and insert "(((ii))) (B)" On page 15, at the beginning of line 1, strike "(iii)" and insert "(((iii))) (C)" On page 15, line 2, after "notice" insert "; or (ii) Less than 180 days have passed since the employee completed a training academy, course, or other program necessary for the employee to become qualified for his or her position, or the employee has not completed said training academy, course, or other program" --- END
1213-S2 AMH JACO LEON 947

715 • Jacobsen

NOT ADOPTED

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  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1213-S2 AMH ....
  • LEON 947 1 - Official Print EFFECT: Restores the current law that limits employment protection requirements to employers with 50 or more employees (rather than requiring all employers to provide employment protection as provided in the underlying bill).
  • 1213-S2 AMH JACO LEON 947 2SHB 1213 - H AMD 715 By Representative Jacobsen NOT ADOPTED 03/10/2025 On page 14, beginning on line 20, after "employee" strike all material through "(ii)" on line 21 and insert ": (i) Works for an employer with ((fifty)) 50 or more employees; and (ii) ((" --- END
1213-S2 AMH MARS LEON 946

743 • Marshall

NOT ADOPTED

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  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1213-S2 AMH ....
  • LEON 946 1 - Official Print EFFECT: Allows an employer to count both paid and unpaid leave protected by the federal Family and Medical Leave Act (FMLA) taken during a period where an employee qualified for but did not apply for Paid Family and Medical Leave Act (PFMLA) benefits towards the maximum periods of employment protection under the PFMLA, subject to the conditions in the underlying bill (rather than allowing an employer to count only unpaid leave protected by the federal FMLA for the same purpose).
  • 1213-S2 AMH MARS LEON 946 2SHB 1213 - H AMD 743 By Representative Marshall NOT ADOPTED 03/10/2025 On page 13, line 22, after "(ii)" strike "Unpaid" and insert "Any" On page 13, line 26, after "excluding" strike "unpaid" On page 15, line 31, after "for" strike "unpaid" On page 15, at the beginning of line 39, strike "unpaid" On page 16, line 11, after "counting the" strike "unpaid" On page 16, line 13, after "of the" strike "unpaid" On page 16, line 14, after "the" strike "unpaid" On page 16, line 17, after "of" strike "unpaid" On page 16, line 24, after "of" strike "unpaid" --- END
1213-S2 AMH ENGE LEON 950

744 • Engell

NOT ADOPTED

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  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1213-S2 AMH ....
  • LEON 950 1 - Official Print EFFECT: Requires an employee to be employed in a full-time position in order to qualify for employment protection.
  • Defines "full-time position" as a position requiring the employee to work at least 35 hours per week.
  • 1213-S2 AMH ENGE LEON 950 2SHB 1213 - H AMD 744 By Representative Engell NOT ADOPTED 03/10/2025 On page 14, beginning on line 29, after "year))" strike "began employment with the current employer" insert "has been employed in a full-time position with the current employer for" On page 14, line 30, after "leave." insert "For purposes of this subsection, "full-time position" means the position requires the employee to work at least 35 hours per week." --- END
1213-S2 AMH MANJ LEON 949

745 • Manjarrez

NOT ADOPTED

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  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1213-S2 AMH ....
  • LEON 949 1 - Official Print EFFECT: Restores the current law requiring an employee to have been employed by the current employer for at least 12 months to qualify for employment protection (rather than at least 180 days as provided in the underlying bill).
  • 1213-S2 AMH MANJ LEON 949 2SHB 1213 - H AMD 745 By Representative Manjarrez NOT ADOPTED 03/10/2025 On page 14, beginning on line 21, after "(ii)" strike all material through "more" on line 22 and insert ")) has been employed by the current employer for ((twelve)) 12 months or more ((" On page 14, beginning on line 29, after "year))" strike all material through "leave" on line 30 --- END
1213-S2 AMH CONN LEON 954

750 • Connors

NOT ADOPTED

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  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1213-S2 AMH ....
  • LEON 954 1 - Official Print EFFECT: Provides that the bill takes effect on the later of: (1) January 1, 2026; or (2) 90 days following the date upon which the Employment Security Department certifies that it has eliminated remote work practices and its employees are working at their assigned department office locations.
  • 1213-S2 AMH CONN LEON 954 2SHB 1213 - H AMD 750 By Representative Connors NOT ADOPTED 03/11/2025 On page 17, line 22, after "12." strike "This act takes effect January 1, 2026" and insert "(1) This act takes effect on the later of: January 1, 2026; or 90 days following the date upon which written certification is received from the employment security department under this section.
  • (2) The employment security department shall submit written certification to the chief clerk of the house of representatives, the secretary of the senate, and the office of the code reviser, when the department has eliminated remote work practices and the employees of the department are working at the their assigned department office locations" --- END
1213-S2 AMH CONN LEON 953

751 • Connors

NOT ADOPTED

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  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1213-S2 AMH ....
  • LEON 953 1 - Official Print EFFECT: Provides that the bill takes effect on the later of: (1) January 1, 2026; or (2) 90 days following the date upon which the Employment Security Department certifies that the balance in the Family and Medical Leave Insurance Account is an estimated amount sufficient to pay at least 12 months of benefits for the Paid Family and Medical Leave Program.
  • 1213-S2 AMH CONN LEON 953 2SHB 1213 - H AMD 751 By Representative Connors NOT ADOPTED 03/11/2025 On page 17, line 22, after "12." strike "This act takes effect January 1, 2026" and insert "(1) This act takes effect on the later of: January 1, 2026; or 90 days following the date upon which written certification is received from the employment security department under this section.
  • (2) The employment security department shall submit written certification to the chief clerk of the house of representatives, the secretary of the senate, and the office of the code reviser, when the commissioner determines that the balance in the family and medical leave insurance account is an estimated amount sufficient to pay at least twelve months of benefits for the program under this title" --- END
ADOPTED

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  • LEON 126 1 - Official Print 1213-S2 AMH WALJ LEON 126 2SHB 1213 - H AMD 752 By Representative Walsh ADOPTED 03/10/2025 On page 2, after line 32, insert the following: "Sec.
  • 2.
  • RCW 50A.05.050 and 2022 c 233 s 7 are each amended to read as follows: (1) Beginning December 1, 2020, and annually thereafter, the department shall report to the legislature on the entire program, including: (a) Projected and actual program participation; (b) Premium rates; (c) Fund balances; (d) Benefits paid; (e) Demographic information on program participants, including income, gender, race, ethnicity, geographic distribution by county and legislative district, and employment sector; (f) Costs of providing benefits; (g) Elective coverage participation; (h) Voluntary plan participation; (i) Outreach efforts; and (j) Small business assistance.
1213-S2 AMH COUT LEON 129

753 • Couture

NOT ADOPTED

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  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1213-S2 AMH ....
  • LEON 129 1 - Official Print EFFECT: Requires the Employment Security Department (ESD) to contract with a qualified third party auditor to conduct a fraud audit of the Paid Family and Medical Leave (PFML) Program, including determining the prevalence and costs of fraudulent claims and the presence, effectiveness, and use of safeguards to prevent, detect, and investigate fraud and recover fraudulently obtained benefits.
  • Requires the third party auditor to submit its final report with findings and recommendations to the ESD, PFML Advisory Committee, the Legislature, and the Governor by October 1, 2027.
  • 1213-S2 AMH COUT LEON 129 2SHB 1213 - H AMD 753 By Representative Couture NOT ADOPTED 03/10/2025 On page 2, after line 32, insert the following: "NEW SECTION.
1213-S2 AMH MARS LEON 122

754 • Marshall

NOT ADOPTED

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  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1213-S2 AMH ....
  • LEON 122 1 - Official Print EFFECT: Exempts employers with fewer than 50 employees from the requirement to maintain an employee's health care coverage during the employee's family or medical leave.
  • 1213-S2 AMH MARS LEON 122 2SHB 1213 - H AMD 754 By Representative Marshall NOT ADOPTED 03/11/2025 On page 17, line 19, after "50A.35.010;" strike "or" On page 17, line 21, after "50A.35.010(7)" insert "; or (d) The employer has fewer than 50 employees" --- END
NOT ADOPTED

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  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1213-S2 AMH ....
  • LEON 121 1 - Official Print EFFECT: Removes from the underlying bill the provisions pertaining to the maintenance of health care coverage, thereby restoring the current law requiring an employer to maintain an employee's health care coverage during the employee's family or medical leave only if the federal Family and Medical Leave Act requires it at any point during that same period.
  • 1213-S2 AMH CORR LEON 121 2SHB 1213 - H AMD 755 By Representative Corry NOT ADOPTED 03/11/2025 On page 17, beginning on line 3, strike all of section 11 Renumber the remaining sections consecutively and correct any internal references accordingly.
  • END
WITHDRAWN

Plain English: 1213-S2.E AMS KING S3149.1 E2SHB 1213 - S AMD TO WM COMM AMD (S-2844.2/25) 412 By Senator King WITHDRAWN 04/15/2025 On page 17, beginning on line 17, strike all of section 121 Renumber the remaining sections consecutively.

  • 1213-S2.E AMS KING S3149.1 E2SHB 1213 - S AMD TO WM COMM AMD (S-2844.2/25) 412 By Senator King WITHDRAWN 04/15/2025 On page 17, beginning on line 17, strike all of section 121 Renumber the remaining sections consecutively.
  • 2 On page 18, line 8, after " 50A.24.010," strike " 50A.35.010, and 3 50A.35.020" and insert "and 50A.35.010" 4 EFFECT: Removes the provisions modifying the requirements to maintain health care coverage, thereby restoring the current law requiring an employer to maintain an employee's health care coverage during the employee's family or medical leave only if the federal Family and Medical Leave Act requires it at any point during that same period.
  • END --- Code Rev/MFW:ajr 1 S-3149.1/25
WITHDRAWN

Plain English: 1213-S2.E AMS KING S3148.2 E2SHB 1213 - S AMD TO WM COMM AMD (S-2844.2/25) 413 By Senator King WITHDRAWN 04/15/2025 On page 12, line 28, after " (3)" insert " (a) An employer may 1 receive a grant to cover the costs of health care benefits paid by 2 the employer for the employee during the period of leave if:3 (i) The period of the employee's leave under this title for which 4 the employer paid for health care benefits was at least four 5 continuous workweeks; and 6 (ii) The employer provides the department with documentation of 7 its contributions for the employee's health care benefits during the 8 period of leave.

  • 1213-S2.E AMS KING S3148.2 E2SHB 1213 - S AMD TO WM COMM AMD (S-2844.2/25) 413 By Senator King WITHDRAWN 04/15/2025 On page 12, line 28, after " (3)" insert " (a) An employer may 1 receive a grant to cover the costs of health care benefits paid by 2 the employer for the employee during the period of leave if:3 (i) The period of the employee's leave under this title for which 4 the employer paid for health care benefits was at least four 5 continuous workweeks; and 6 (ii) The employer provides the department with documentation of 7 its contributions for the employee's health care benefits during the 8 period of leave.
  • 9 (b) A grant under this subsection (3) must reimburse the employer 10 for the actual amount of the employer's contributions for health care 11 benefits during the employee's leave taken under this title for up to 12 four continuous months, except that the grant may not reimburse 13 monthly costs in excess of the current monthly employer contribution 14 for a state employee's health care coverage through the public 15 employees' benefits board program.
  • The total grant amount under this 16 subsection may not exceed four times the current monthly employer 17 contribution for a state employee's health care coverage through the 18 public employees' benefits board program.
  • 19 (c) An employer may receive a grant under this subsection no more 20 than 10 times per calendar year and no more than once for each 21 employee on leave.
1213-S2.E AMS SALD S3187.1

416 • Saldaña

WITHDRAWN

Plain English: 1213-S2.E AMS SALD S3187.1 E2SHB 1213 - S AMD TO WM COMM AMD (S-2844.2/25) 416 By Senator Saldaña WITHDRAWN 04/15/2025 On page 4, line 3, after "than" strike "50" and insert "(( 50)) 1 25" 2 On page 4, line 6, after "than" strike "50" and insert "(( 50)) 3 25" 4 EFFECT: Modifies the employer size for employers who are not required to pay the employer portion of paid family and medical leave premium to employers with fewer than 25 employees, instead of employers with fewer than 50 employees.

  • 1213-S2.E AMS SALD S3187.1 E2SHB 1213 - S AMD TO WM COMM AMD (S-2844.2/25) 416 By Senator Saldaña WITHDRAWN 04/15/2025 On page 4, line 3, after "than" strike "50" and insert "(( 50)) 1 25" 2 On page 4, line 6, after "than" strike "50" and insert "(( 50)) 3 25" 4 EFFECT: Modifies the employer size for employers who are not required to pay the employer portion of paid family and medical leave premium to employers with fewer than 25 employees, instead of employers with fewer than 50 employees.
  • END --- Code Rev/MFW:jlb 1 S-3187.1/25

Bill History

  1. 2025-03-10 House

    2nd substitute bill substituted.

Official Summary Text

Paid family & medical leave

Current Bill Text

Read the full stored bill text 
AN ACT Relating to expanding protections for workers in the state 1
paid family and medical leave program; amending RCW 50A.05.020, 2
50A.15.020, 50A.20.010, 50A.20.020, 50A.30.010, 50A.35.010, and 3
50A.35.020; and providing an effective date. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 50A.05.020 and 2019 c 13 s 30 are each amended to 6
read as follows: 7
(1) The department shall establish and administer the family and 8
medical leave program and pay family and medical leave benefits as 9
specified in this title. The department shall adopt government 10
efficiencies to improve administration and reduce costs. These 11
efficiencies shall include, to the extent feasible, combined 12
reporting and payment, with a single return, of premiums under this 13
title and contributions under chapter 50.24 RCW. 14
(2) The department shall establish procedures and forms for 15
filing applications for benefits under this title. The department 16
shall notify the employer within five business days of an application 17
being filed. 18
(3) The department shall use information sharing and integration 19
technology to facilitate the disclosure of relevant information or 20
H-0395.3
HOUSE BILL 1213
State of Washington 69th Legislature 2025 Regular Session
By Representatives Berry, Fosse, Reed, Obras, Fitzgibbon, Alvarado,
Mena, Macri, Ryu, Farivar, Doglio, Simmons, Peterson, Street, Wylie,
Pollet, Ormsby, Lekanoff, Salahuddin, and Hill
Prefiled 01/09/25. Read first time 01/13/25. Referred to Committee
on Labor & Workplace Standards.
p. 1 HB 1213
records by the department, so long as an employee consents to the 1
disclosure as required under RCW 50A.15.040. 2
(4) Information contained in the files and records pertaining to 3
an employee under this chapter are confidential and not open to 4
public inspection, other than to public employees in the performance 5
of their official duties, except as provided in chapter 50A.25 RCW.6
(5) The department shall develop and implement an outreach 7
program to ensure that employees who may be qualified to receive 8
family and medical leave benefits under this title are made aware of 9
these benefits. Outreach information shall explain, in an easy to 10
understand format, eligibility requirements, the application process, 11
weekly benefit amounts, maximum benefits payable, notice and 12
certification requirements, reinstatement and nondiscrimination 13
rights, confidentiality, voluntary plans, and the relationship 14
between employment protection, leave from employment, and wage 15
replacement benefits under this title and other laws, collective 16
bargaining agreements, and employer policies. Outreach information 17
shall be available in English and other primary languages as defined 18
in RCW 74.04.025. 19
(6)(a) The department shall conduct regular outreach to employers 20
regarding employer responsibilities under this title, which must 21
include but is not limited to providing information on premium 22
collection under chapter 50A.10 RCW, notice requirements under 23
chapter 50A.20 RCW, and employment protection under chapter 50A.35 24
RCW.25
(b) The department is authorized to inspect and audit employer 26
files and records relating to the family and medical leave program, 27
including employer voluntary plans. The department shall conduct 28
periodic audits of employer files and records for the purposes of 29
assisting with and otherwise enforcing compliance with this title.30
Sec. 2. RCW 50A.15.020 and 2022 c 233 s 3 are each amended to 31
read as follows: 32
(1) Beginning January 1, 2020, family and medical leave are 33
available and benefits are payable to a qualified employee under this 34
section. 35
(a) Following a waiting period consisting of the first seven 36
consecutive calendar days, benefits are payable when family or 37
medical leave is required. However, no waiting period is required for 38
leave for the birth or placement of a child, or for leave because of 39
p. 2 HB 1213
any qualifying exigency as defined under RCW 50A.05.010(10)(c). The 1
waiting period begins the previous Sunday of the week when an 2
otherwise eligible employee takes leave for the minimum claim 3
duration under subsection (2)(c) of this section. Eligible employees 4
may satisfy the waiting period requirement while simultaneously 5
receiving paid time off for any part of the waiting period.6
(b) Benefits may continue during the continuance of the need for 7
family or medical leave, subject to the maximum and minimum weekly 8
benefits, duration, and other conditions and limitations established 9
in this title. 10
(2) The weekly benefit shall be prorated by the percentage of 11
hours on leave compared to the number of hours provided as the 12
typical workweek hours as defined in RCW 50A.05.010.13
(a) The benefits in this section, if not a multiple of one 14
dollar, shall be reduced to the next lower multiple of one dollar.15
(b) Hours on leave claimed for benefits under this title, if not 16
a multiple of one hour, shall be reduced to the next lower multiple 17
of one hour. 18
(c) The minimum claim duration payment is for ((eight)) four 19
consecutive hours of leave. 20
(3)(a) The maximum duration of paid family leave may not exceed 21
((twelve)) 12 times the typical workweek hours during a period of 22
((fifty-two)) 52 consecutive calendar weeks. 23
(b) The maximum duration of paid medical leave may not exceed 24
((twelve)) 12 times the typical workweek hours during a period of 25
((fifty-two)) 52 consecutive calendar weeks. This leave may be 26
extended an additional two times the typical workweek hours if the 27
employee experiences a serious health condition with a pregnancy that 28
results in incapacity. 29
(c) An employee is not entitled to paid family and medical leave 30
benefits under this title that exceeds a combined total of 31
((sixteen)) 16 times the typical workweek hours. The combined total 32
of family and medical leave may be extended to ((eighteen)) 18 times 33
the typical workweek hours if the employee experiences a serious 34
health condition with a pregnancy that results in incapacity.35
(4)(a) Any paid leave benefits under this chapter used in the 36
postnatal period by an employee eligible for benefits under RCW 37
50A.05.010(23)(a)(ii)(B) must be medical leave, subject to the 38
maximum and minimum weekly benefits, duration, and other conditions 39
p. 3 HB 1213
and limitations established in this title, unless the employee 1
chooses to use family leave during the postnatal period.2
(b) Certification of a serious health condition is not required 3
for paid leave benefits used in the postnatal period by an employee 4
eligible for benefits under RCW 50A.05.010(23)(a)(ii)(B).5
(5) The weekly benefit for family and medical leave shall be 6
determined as follows: If the employee's average weekly wage is: (a) 7
Equal to or less than one-half of the state average weekly wage, then 8
the benefit amount is equal to ((ninety)) 90 percent of the 9
employee's average weekly wage; or (b) greater than one-half of the 10
state average weekly wage, then the benefit amount is the sum of: (i) 11
Ninety percent of one-half of the state average weekly wage; and (ii) 12
((fifty)) 50 percent of the difference of the employee's average 13
weekly wage and one-half of the state average weekly wage.14
(6)(a) The maximum weekly benefit for family and medical leave 15
that occurs on or after January 1, 2020, shall be ((one thousand 16
dollars)) $1,000. By September 30, 2020, and by each subsequent 17
September 30th, the commissioner shall adjust the maximum weekly 18
benefit amount to ((ninety)) 90 percent of the state average weekly 19
wage. The adjusted maximum weekly benefit amount takes effect on the 20
following January 1st. 21
(b) The minimum weekly benefit shall not be less than ((one 22
hundred dollars)) $100 per week except that if the employee's average 23
weekly wage at the time of family or medical leave is less than ((one 24
hundred dollars )) $100 per week, the weekly benefit shall be the 25
employee's full wage. 26
Sec. 3. RCW 50A.20.010 and 2019 c 13 s 12 are each amended to 27
read as follows: 28
(1) Whenever an employee of an employer who is qualified for 29
benefits under this title is absent from work to provide family 30
leave, or take medical leave for more than seven consecutive days, 31
the employer shall provide the employee with a written statement of 32
the employee's rights under this title in a form prescribed by the 33
commissioner. The statement must be provided to the employee within 34
five business days after the employee's seventh consecutive day of 35
absence due to family or medical leave, or within five business days 36
after the employer has received notice that the employee's absence is 37
due to family or medical leave, whichever is later.38
p. 4 HB 1213
(2) The commissioner shall develop the written statement of 1
employee rights to be distributed by an employer under this section. 2
At a minimum, the statement must explain, in an easy to understand 3
format, eligibility requirements, possible weekly benefits, 4
application processes, employment protection rights, and 5
nondiscrimination rights, and direct the employee to appropriate 6
contacts and portals for more information.7
Sec. 4. RCW 50A.20.020 and 2019 c 13 s 13 are each amended to 8
read as follows: 9
Each employer shall post and keep posted, in conspicuous places 10
on the premises of the employer where notices to employees and 11
applicants for employment are customarily posted, a notice, to be 12
prepared or approved by the commissioner, setting forth excerpts 13
from, or summaries of, the pertinent provisions of this title , 14
including, but not limited to: Eligibility requirements, possible 15
weekly benefits, application processes, employment protection rights, 16
nondiscrimination rights, and other protections, and information 17
pertaining to the filing of a complaint. Any employer that willfully 18
violates this section may be subject to a civil penalty of not more 19
than ((one hundred dollars )) $100 for each separate offense. Any 20
penalties collected by the department under this section shall be 21
deposited into the family and medical leave enforcement account.22
Sec. 5. RCW 50A.30.010 and 2020 c 125 s 9 are each amended to 23
read as follows: 24
(1) An employer may apply to the commissioner for approval of a 25
voluntary plan for the payment of either family leave benefits or 26
medical leave benefits, or both. The application must be submitted on 27
a form and in the manner as prescribed by the commissioner in rule. 28
The fee for the department's review of each application for approval 29
of a voluntary plan is ((two hundred fifty dollars)) $250.30
(2) The benefits payable as indemnification for loss of wages 31
under any voluntary plan must be separately stated and designated 32
separately and distinctly in the plan from other benefits, if any.33
(3) Neither an employee nor his or her employer are liable for 34
any premiums for benefits covered by an approved voluntary plan.35
(4) An employee may only receive payment of benefits for family 36
leave, medical leave, or both from one approved plan at a time. An 37
employee who qualifies for benefits and is simultaneously covered by 38
p. 5 HB 1213
more than one plan under this title will receive benefits under the 1
plan for which the employee has worked the most hours during the 2
employee's qualifying period. The commissioner must adopt rules to 3
allow benefits or prevent duplication of benefits to employees 4
simultaneously covered by one or more approved voluntary plans and 5
the state program. 6
(5) The commissioner must approve any voluntary plan as to which 7
the commissioner finds that there is at least one employee in 8
employment and all of the following exist: 9
(a) The benefits afforded to the employees must be at least 10
equivalent to the benefits the employees are entitled to as part of 11
the state's family and medical leave program, including but not 12
limited to the duration of leave. The employer must offer at least 13
one-half of the length of leave as provided in RCW 50A.15.020(3) with 14
pay and provide a monetary payment in an amount equal to or higher 15
than the total amount of monetary benefits the employee would be 16
entitled to receive as part of the state-run program. The employer 17
may offer the same duration of leave and monetary benefits as offered 18
under the state program. 19
(b) The sick leave an employee is entitled to under RCW 49.46.210 20
is in addition to the employer's provided benefits and is in addition 21
to any family or medical leave benefits. 22
(c) The plan is available to all of the eligible employees of the 23
employer employed in this state, including future employees.24
(d) The employer has agreed to make all required payroll 25
deductions, including that: 26
(i) In the case of plan termination or withdrawal, the employer 27
must remit to the department all required moneys under RCW 50A.30.045 28
and 50A.30.065(3); and 29
(ii) If the employer has an approved voluntary plan for either 30
medical leave or family leave but not both, the employer is still 31
obligated to remit to the department premiums owed to the state plan 32
for the portions not covered by the employer's approved voluntary 33
plan. 34
(e) The plan will be in effect for a period of not less than one 35
year and, thereafter, continuously unless the commissioner finds that 36
the employer has given notice of withdrawal from the plan in a manner 37
specified by the commissioner in rule. The plan may be withdrawn by 38
the employer on the date of any law increasing the benefit amounts or 39
the date of any change in the rate of employee premiums, if notice of 40
p. 6 HB 1213
the withdrawal from the plan is transmitted to the commissioner not 1
less than ((thirty)) 30 days prior to the date of that law or change. 2
If the plan is not withdrawn, it must be amended to conform to 3
provide the increased benefit amount or change in the rate of the 4
employee's premium on the date of the increase or change.5
(f) The amount of payroll deductions from the wages of an 6
employee in effect for any voluntary plan may not exceed the maximum 7
payroll deduction for that employee as authorized under RCW 8
50A.10.030. The deductions may not be increased on other than an 9
anniversary of the effective date of the plan, except to the extent 10
that any increase in the deductions from the wages of an employee do 11
not exceed the maximum rate authorized under the state program.12
(g) The voluntary plan provides that an employee of an employer 13
with a voluntary plan for either family leave or medical leave, or 14
both, is eligible for the plan benefits if the employee meets the 15
requirements of RCW 50A.15.010 and has worked at least ((three 16
hundred forty )) 340 hours for the employer during the ((twelve)) 12 17
months immediately preceding the date leave will commence.18
(h) The voluntary plan provides that an employee of an employer 19
with a voluntary plan for either family leave or medical leave, or 20
both, who takes leave under the voluntary plan is entitled to ((the)) 21
employment protection ((provisions)) in accordance with the 22
requirements contained in RCW 50A.35.010 ((if the employee has worked 23
for the employer for at least nine months and nine hundred sixty-five 24
hours during the twelve months immediately preceding the date leave 25
will commence)). 26
(i) The voluntary plan provides that the employer maintains the 27
employee's existing health benefits as provided under RCW 50A.35.020.28
(6)(a) The department must conduct a review of the expenses 29
incurred in association with the administration of the voluntary 30
plans during the first three years after implementation and report 31
its findings to the legislature. 32
(b) The review must include an analysis of the adequacy of the 33
fee in subsection (1) of this section to cover the department's 34
administrative expenses related to reviewing and approving or denying 35
the applications and administering appeals related to voluntary 36
plans. The review must include an estimate of the next year's 37
projected administrative costs related to the voluntary plans. The 38
legislature shall adjust the fee in subsection (1) of this section as 39
p. 7 HB 1213
needed to ensure the department's administrative expenses related to 1
the voluntary plans are covered by the fee. 2
(c) If the current receipts from the fee in subsection (1) of 3
this section are inadequate to cover the department's administrative 4
expenses related to the voluntary plans, the department may use funds 5
from the family and medical leave insurance account under RCW 6
50A.05.070 to pay for these expenses. 7
Sec. 6. RCW 50A.35.010 and 2019 c 13 s 4 are each amended to 8
read as follows: 9
(1)(a) Except as provided in RCW 50A.30.010(5) and subsection s 10
(6) and (7) of this section, ((any)) an employee ((who takes family)) 11
is entitled to employment restoration upon returning from:12
(i) Family or medical leave under this title , regardless of 13
whether the employee also qualifies for and receives concurrent leave 14
under the federal family and medical leave act of 1993 (Act Feb. 5, 15
1993, P.L. 103-3, 107 Stat. 6, as it existed on the effective date of 16
this section), as provided under RCW 50A.15.110; or17
(ii) Unpaid leave protected by the federal family and medical 18
leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6, as it 19
existed on the effective date of this section) during a period in 20
which the employee was eligible for benefits under this title but did 21
not apply for and receive those benefits, excluding unpaid sick leave 22
or temporary disability taken for pregnancy or childbirth under 23
chapter 49.60 RCW or as an accommodation under RCW 43.10.005, subject 24
to the notice requirements in subsection (8) of this section.25
(b) For purposes of this section, "employment restoration" and 26
"employment protection" mean that the employee is entitled, on return 27
from the leave: 28
(((a))) (i) To be restored by the employer to the position of 29
employment held by the employee when the leave commenced; or30
(((b))) (ii) To be restored by the employer to an equivalent 31
position with equivalent employment benefits, pay, and other terms 32
and conditions of employment. 33
(2) The taking of leave under this title may not result in the 34
loss of any employment benefits accrued before the date on which the 35
leave commenced. 36
(3) Nothing in this section shall be construed to entitle any 37
restored employee to: 38
p. 8 HB 1213
(a) The accrual of any seniority or employment benefits during 1
any period of leave; or 2
(b) Any right, benefit, or position of employment other than any 3
right, benefit, or position to which the employee would have been 4
entitled had the employee not taken the leave. 5
(4) As a condition of restoration under subsection (1) of this 6
section for an employee who has taken medical leave, the employer may 7
have a uniformly applied practice or policy that requires each such 8
employee to receive certification from the employee's health care 9
provider that the employee is able to resume work.10
(5) Nothing in this section shall be construed to prohibit an 11
employer from requiring an employee on leave to report periodically 12
to the employer on the status and intention of the employee to return 13
to work. 14
(6)(a) This section does not apply unless the employee ((: (i) 15
Works for an employer with fifty or more employees; (ii) has been 16
employed by the current employer for twelve months or more; and (iii) 17
has worked for the current employer for at least one thousand two 18
hundred fifty hours during the twelve months immediately preceding 19
the date on which leave will commence. For the purposes of this 20
subsection, an employer shall be considered to employ fifty or more 21
employees if the employer employs fifty or more employees for each 22
working day during each of twenty or more calendar workweeks in the 23
current or preceding calendar year )) began employment with the 24
current employer at least 90 calendar days before taking the leave.25
(b) An employer may deny restoration under this section to any 26
salaried employee who is among the highest paid ((ten)) 10 percent of 27
the employees employed by the employer within ((seventy-five)) 75 28
miles of the facility at which the employee is employed if:29
(i) Denial is necessary to prevent substantial and grievous 30
economic injury to the operations of the employer;31
(ii) The employer notifies the employee of the intent of the 32
employer to deny restoration on such basis at the time the employer 33
determines that the injury would occur; and 34
(iii) The leave has commenced and the employee elects not to 35
return to employment after receiving the notice. 36
(7)(a) Except by agreement between the employer and employee, the 37
employee forfeits the right to employment restoration under this 38
section if the employee does not exercise it upon the earlier of:39
p. 9 HB 1213
(i) The first scheduled work day following the period of leave 1
under subsection (1)(a) of this section; or2
(ii) The first scheduled work day following a continuous period 3
of, or combined intermittent periods of a total of, 16 typical 4
workweeks of leave under subsection (1)(a) of this section taken 5
during a period of 52 consecutive calendar weeks, except this period 6
is extended to 18 typical workweeks of leave under subsection (1)(a) 7
of this section taken during a period of 52 consecutive calendar 8
weeks if any of the leave was taken as a result of a serious health 9
condition with a pregnancy resulting in incapacity.10
(b) For any continuous period of leave exceeding two typical 11
workweeks or any combined intermittent periods of leave exceeding 14 12
typical workweeks, the employer must provide at least five business 13
days advance written notice to the employee, in a language understood 14
by the employee and transmitted by a method reasonably certain to be 15
received promptly by the employee, regarding the estimated expiration 16
of the right of employment restoration and the date of the employee's 17
first scheduled work day under this subsection.18
(c) The expiration of the periods under (a)(ii) of this 19
subsection does not affect an employee's eligibility for paid family 20
and medical leave benefits under this title.21
(8)(a) In order for unpaid leave under subsection (1)(a)(ii) of 22
this section to qualify for employment restoration rights under this 23
section and count towards the maximum periods in subsection 24
(7)(a)(ii) of this section, the employer must provide written notice 25
to the employee, in a language understood by the employee and 26
transmitted by a method reasonably certain to be received promptly by 27
the employee, of the following:28
(i) That the employer is designating and counting the employee's 29
unpaid leave against the employee's entitlement under the federal 30
family and medical leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 31
107 Stat. 6, as it existed on the effective date of this section), 32
including specifying the amount of the entitlement used and 33
remaining;34
(ii) The start and end dates of the employer's designated 12-35
month leave year under the federal family and medical leave act of 36
1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6, as it existed on the 37
effective date of this section);38
(iii) Since the employee is eligible for paid family or medical 39
leave under this title but is not applying for and receiving 40
p. 10 HB 1213
benefits, that the employer is counting the unpaid leave towards the 1
maximum periods in subsection (7)(a)(ii) of this section, including 2
specifying the start and end dates of the unpaid leave, and the total 3
amount of the unpaid leave counting toward those maximum periods; and4
(iv) That the use of unpaid leave counting against the periods in 5
subsection (7)(a)(ii) of this section does not affect the employee's 6
eligibility for paid family or medical leave benefits under this 7
title.8
(b) The employer must provide the written notice required by this 9
subsection:10
(i) Within five business days of the earlier of either the 11
employee's initial request for or use of unpaid leave protected by 12
the federal family and medical leave act of 1993 (Act Feb. 5, 1993, 13
P.L. 103-3, 107 Stat. 6, as it existed on the effective date of this 14
section); and15
(ii) At least monthly for the remainder of the employer's 16
designated 12-month leave year.17
(9) For purposes of auditing compliance or otherwise enforcing 18
this chapter, the department may require the employer to collect and 19
report information on the exercise of employment restoration rights 20
under this section.21
(10) This section does not alter or limit the rights and 22
protections available to employees under other state or federal laws, 23
including but not limited to sick leave or temporary disability taken 24
for pregnancy or childbirth under chapter 49.60 RCW or as an 25
accommodation under RCW 43.10.005, sick leave taken under RCW 26
49.46.210, or leave protected by the federal family and medical leave 27
act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6, as it existed 28
on the effective date of this section).29
Sec. 7. RCW 50A.35.020 and 2019 c 13 s 39 are each amended to 30
read as follows: 31
((If required by the federal family and medical leave act, as it 32
existed on October 19, 2017 )) (1) Except as provided under subsection 33
(2) of this section , during any period of family or medical leave 34
taken under this title, the employer shall maintain any existing 35
health benefits of the employee in force for the duration of such 36
leave as if the employee had continued to work from the date the 37
employee commenced family or medical leave until the date the 38
employee returns to employment. If the employer and employee share 39
p. 11 HB 1213
the cost of the existing health benefits, the employee remains 1
responsible for the employee's share of the cost. 2
(2) This section does not apply ((to an)) if:3
(a) An employee ((who)) is not ((in employment for an )) employed 4
by the employer at the time of filing an application for benefits;5
(b) An employee is not entitled to employment protection under 6
RCW 50A.35.010; or7
(c) The employee did not exercise the right to employment 8
protection within the time periods provided under RCW 50A.35.010(7).9
NEW SECTION. Sec. 8. This act takes effect January 1, 2026.10
--- END ---
p. 12 HB 1213