Washington State offers some of the most generous family and medical leave laws in the country. These laws give eligible employees the right to take time off from work to care for themselves or their loved ones without fear of losing their job. However, understanding these laws and the protections they offer can be confusing. In this blog post, we will explore Washington State’s family and medical leave laws, including who is eligible, what types of leave are available, and how to request leave.
Who is eligible for family and medical leave in Washington State?
Under Washington State law, eligible employees are entitled to take up to 12 weeks of unpaid leave in a 12-month period for certain qualifying events. To be eligible for family and medical leave, an employee must have worked for their employer for at least 12 months and have worked at least 1,250 hours in the preceding 12 months. The employer must also have at least 50 employees working within a 75-mile radius of the employee’s worksite.
What types of leave are available?
There are several types of family and medical leave available under Washington State law. These include:
- Family Leaves: Employees may take up to 12 weeks of unpaid leave to care for a family member with a serious health condition, to bond with a new child, or for qualifying exigencies related to a family member’s military service.
- Medical Leave: Employees may take up to 12 weeks of unpaid leave for their own serious health condition.
- Military Caregiver Leave: Employees may take up to 26 weeks of unpaid leave to care for a family member who is a covered service member with a serious injury or illness incurred in the line of duty.
- Qualifying Exigency Leave: Employees may take up to 12 weeks of unpaid leave for a qualifying exigency related to a family member’s military service.
How do employees request family and medical leave?
To request family and medical leave, employees must give their employer at least 30 days’ notice of their need for leave, or as much notice as is practicable. If the need for leave is unforeseeable, such as in the case of a sudden illness or injury, employees must notify their employer as soon as possible.
Employers may require employees to provide medical certification from a healthcare provider to support their request for leave. Employees are responsible for obtaining and submitting this documentation.
What protections do employees have while on family and medical leave?
Employees who take family and medical leave are entitled to certain protections under Washington State law. These protections include:
- Job Protection: Employees who take family and medical leave are entitled to return to their same job or an equivalent job upon their return to work.
- Health Insurance: Employers must continue to provide health insurance coverage to employees on family and medical leave on the same terms as if the employee was still working.
- Accrual of Benefits: Employees continue to accrue sick leave, vacation time, and other benefits while on family and medical leave.
Additionally, it is important to note that Washington State has also implemented Paid Family and Medical Leave (PFML) benefits. This program provides partial wage replacement to eligible employees who take time off for family or medical reasons. PFML benefits are funded by premiums paid by both employees and employers, and the program is administered by the Employment Security Department.
Under PFML, eligible employees can receive up to 12 weeks of paid leave per year for qualifying events, such as bonding with a new child, caring for a family member with a serious health condition, or recovering from a serious health condition themselves. In some cases, employees may be eligible for an additional two weeks of leave for pregnancy complications or childbirth recovery.
To be eligible for PFML benefits, employees must have worked 820 hours in the qualifying period, which is generally the last four quarters prior to the leave event. In addition, the leave event must meet certain criteria, such as being a qualifying event under the law.
Employees who are eligible for both PFML benefits and unpaid family and medical leave may take both types of leave concurrently. This means that employees can receive partial wage replacement while also retaining job protection and other benefits provided by unpaid leave.
Navigating Washington State’s family and medical leave laws and PFML benefits can be overwhelming, but resources are available to help. The Washington State Employment Security Department provides comprehensive information on PFML benefits, including eligibility requirements, application procedures, and frequently asked questions. In addition, the Washington State Department of Labor & Industries offers guidance on unpaid family and medical leave, including employer responsibilities and employee rights.
Washington State offers robust family and medical leave laws and PFML benefits that provide important protections for eligible employees. Understanding these laws and benefits can be complex, but taking the time to familiarize yourself with the requirements and procedures can help ensure that you receive the support and protection you need when you need it most.
Paukert & Troppmann, PLLC is a law firm that specializes in employment law, including issues related to family and medical leave. Our attorneys have extensive experience helping clients navigate Washington State’s family and medical leave laws and advocating for their rights when those rights have been violated.
If you believe your employer has violated your rights under Washington State’s family and medical leave laws, our attorneys can help. We can evaluate your situation, advise you on your legal rights and options, and help you take action to protect those rights. This may include filing a complaint with the Washington State Department of Labor & Industries, negotiating with your employer to resolve the issue, or pursuing legal action through the court system.
If you are an employer in Washington State, our attorneys can help ensure that you are in compliance with the state’s family and medical leave laws and provide guidance on how to handle leave requests and related issues.
At Paukert & Troppmann, PLLC, we are committed to helping our clients navigate complex legal issues related to employment law, including family and medical leave. Contact us today to schedule a consultation and learn more about how we can help you.