Paid leave solvency

AN ACT Relating to establishing solvency protections for the paid 1
family and medical leave program that do not increase the maximum 2
premium rate cap or contribution rates; amending RCW 50A.15.020; and 3
providing an effective date. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 50A.15.020 and 2025 c 304 s 4 are each amended to 6
read as follows: 7
(1) Beginning January 1, 2020, family and medical leave are 8
available and benefits are payable to a qualified employee under this 9
section. 10
(a) Following a waiting period consisting of the first seven 11
consecutive calendar days, benefits are payable when family or 12
medical leave is required. However, no waiting period is required for 13
leave for the birth or placement of a child, or for leave because of 14
any qualifying exigency as defined under RCW 50A.05.010(10)(c). The 15
waiting period begins the previous Sunday of the week when an 16
otherwise eligible employee takes leave for the minimum claim 17
duration under subsection (2)(c) of this section. Eligible employees 18
may satisfy the waiting period requirement while simultaneously 19
receiving paid time off for any part of the waiting period.20
S-3637.3
SENATE BILL 6140
State of Washington 69th Legislature 2026 Regular Session
By Senator King
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(b) Benefits may continue during the continuance of the need for 1
family or medical leave, subject to the maximum and minimum weekly 2
benefits, duration, and other conditions and limitations established 3
in this title. 4
(2) The weekly benefit shall be prorated by the percentage of 5
hours on leave compared to the number of hours provided as the 6
typical workweek hours as defined in RCW 50A.05.010.7
(a) The benefits in this section, if not a multiple of one 8
dollar, shall be reduced to the next lower multiple of one dollar.9
(b) Hours on leave claimed for benefits under this title, if not 10
a multiple of one hour, shall be reduced to the next lower multiple 11
of one hour. 12
(c) The minimum claim duration payment is for four consecutive 13
hours of leave. 14
(3)(a) The maximum duration of paid family leave may not exceed 15
12 times the typical workweek hours during a period of 52 consecutive 16
calendar weeks. 17
(b) The maximum duration of paid medical leave may not exceed 12 18
times the typical workweek hours during a period of 52 consecutive 19
calendar weeks. This leave may be extended an additional two times 20
the typical workweek hours if the employee experiences a serious 21
health condition with a pregnancy that results in incapacity.22
(c) An employee is not entitled to paid family and medical leave 23
benefits under this title that exceeds a combined total of 16 times 24
the typical workweek hours. The combined total of family and medical 25
leave may be extended to 18 times the typical workweek hours if the 26
employee experiences a serious health condition with a pregnancy that 27
results in incapacity. 28
(4)(a) Any paid leave benefits under this chapter used in the 29
postnatal period by an employee eligible for benefits under RCW 30
50A.05.010(23)(a)(ii)(B) must be medical leave, subject to the 31
maximum and minimum weekly benefits, duration, and other conditions 32
and limitations established in this title, unless the employee 33
chooses to use family leave during the postnatal period.34
(b) Certification of a serious health condition is not required 35
for paid leave benefits used in the postnatal period by an employee 36
eligible for benefits under RCW 50A.05.010(23)(a)(ii)(B).37
(5) The weekly benefit for family and medical leave shall be 38
determined as follows: If the employee's average weekly wage is: (a) 39
Equal to or less than one-half of the state average weekly wage, then 40
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the benefit amount is equal to 90 percent of the employee's average 1
weekly wage; or (b) greater than one-half of the state average weekly 2
wage, then the benefit amount is the sum of: (i) Ninety percent of 3
one-half of the state average weekly wage; and (ii) 50 percent of the 4
difference of the employee's average weekly wage and one-half of the 5
state average weekly wage. 6
(6)(a) The maximum weekly benefit for family and medical leave 7
that occurs on or after January 1, 2020, shall be $1,000. By 8
September 30, 2020, and by each subsequent September 30th, the 9
commissioner shall adjust the maximum weekly benefit amount to 90 10
percent of the state average weekly wage. The adjusted maximum weekly 11
benefit amount takes effect on the following January 1st.12
(b) The minimum weekly benefit shall not be less than $100 per 13
week except that if the employee's average weekly wage at the time of 14
family or medical leave is less than $100 per week, the weekly 15
benefit shall be the employee's full wage. 16
(7) If the premium rate calculated by the commissioner pursuant 17
to RCW 50A.10.030(6)(a) exceeds 1.2 percent, without the conditions 18
in RCW 50A.10.030(6)(b), the commissioner shall reduce weekly 19
benefits under this section, including the maximum weekly benefit 20
amount, for the next calendar year by the lowest percentage of weekly 21
benefits as necessary to compute a premium rate pursuant to RCW 22
50A.10.030(6)(a) that does not exceed 1.2 percent, without the 23
conditions in RCW 50A.10.030(6)(b).24
(8) After using actuarial principles and considering other 25
information, deemed appropriate under the circumstances by the 26
commissioner, including any reduction required under subsection (7) 27
of this section, the commissioner may at any time reduce weekly 28
benefits under this section, including the maximum weekly benefit 29
amount, by the lowest percentage of weekly benefits as necessary to 30
attempt to prevent the projected balance of the family and medical 31
leave insurance account created in RCW 50A.05.070 during the ensuing 32
12-month period from falling below a specific balance or other 33
actuarially sound measure adopted by the department.34
NEW SECTION. Sec. 2. This act takes effect January 1, 2027.35
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