Paid family & medical leave

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
S-0868.1
SENATE BILL 5539
State of Washington 69th Legislature 2025 Regular Session
By Senators Alvarado, Stanford, Frame, Nobles, Riccelli, Slatter,
Trudeau, Valdez, and C. Wilson
Read first time 01/28/25. Referred to Committee on Labor & Commerce.
p. 1 SB 5539
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
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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
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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
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(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
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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
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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
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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
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(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
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(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
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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
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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
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