Starting January 1, 2020, many Washington workers will be eligible for 12 weeks of paid family and medical leave benefits within a 12-month period to welcome a new child into their family, recover from a serious illness or injury, and care for a close family member with a serious health condition under Washington's Paid Family and Medical Leave Act (PFML).

Eligibility requirements for employees
To be eligible for paid leave, an employee must have worked at least 820 hours in the first four of the last five completed calendar quarters, or the last four completed calendar quarters immediately preceding the employee's application for leave.

To be entitled to return to their position after their leave, the employer must have 50 or more employees and the employee requesting leave must have worked for the employer for at least 12 months and worked at least 1,250 hours during the 12 months immediately preceding the date on which leave commences.

The program is being funded by premiums paid by both employees and employers and administered by Washington’s Employment Security Department (ESD). Large employers with more than 50 employees and all employees have been paying into the Program since January 1, 2019, so that funds are available for January 1, 2020 claims.

The law is considered the most generous in the country and in certain circumstances the paid leave can be extended beyond 12 weeks:

• If the employee needs additional time to care for a sick family member or for their own serious medical issue, they may qualify for up to a total of 16 weeks of partially paid leave per year.
• If the employee suffers from pregnancy-related medical complications, they might be able to take up to 18 weeks of partially paid leave.

Under Washington’s program, close family members include parents, children and spouses, as well as domestic partners, grandparents, grandchildren and even siblings.

How can employers prepare?
Employers should prepare for the new rule by developing procedures to track requests for paid leave and training managers and supervisors on the new requirements, including the required written notice of their rights for employees requesting paid leave under PFML. The notice must be provided within five business days after the 7th consecutive day of absence, or within five business days after the employer becomes aware that the employee's absence is due to family or medical leave, whichever is later.

Notice requirements
The State of Washington is developing the notice that should be used whenever an employee is absent for family or medical leave for more than seven consecutive days. If the employer wishes to develop their own notice, it must be approved by the department and include the following:

• Information on how an employee may file a claim;
  
• Information about filing a complaint against an employer;
  
• Responsibilities for premium payments;
  
• Information including rights to the paid family and medical leave program, as provided by the state or the employer's voluntary plan; and
  
• The minimum and maximum provisions available for paid family or medical leave, including:

• Weekly benefit amount;
  
• Maximum weeks available under paid family or medical leave; and
  
• How long the benefit is available after the employee applies.

Employers can be audited to determine if a proper notice with pertinent information is displayed. Failure to post the required notice may result in a penalty of $100 for each instance in which the department determines the employer has willfully failed to comply with this requirement.

Members with questions about Washington’s PFML or the interaction between Washington’s rules and the federal FMLA requirements should contact UEA’s Employment Law attorneys on the Employer Helpline.