Washington Enacts Paid Family Leave Law

Posted: May 15, 2007

Making Washington the second state to mandate paid family leave, Governor Christine Gregoire has signed a bill directing an as yet undesignated state agency to establish and administer the family leave insurance program slated to begin on October 1, 2009. Under the new law, approved on May 8, 2007, employees in the state are entitled to up to five weeks' paid family leave "because of the birth of a child of the employee and in order to care for the child," or "because of the placement of a child with the employee for adoption." The law also provides certain employees with re-employment after taking leave.

Insurance Benefits

Family leave insurance benefits will be payable to an employee "during a period in which the individual is unable to perform his or her regular or customary work because he or she is on family leave." To qualify for insurance benefits, the employee must have

worked at least 680 hours during the employee's qualifying year; and
provided written notice of the intent to take leave.

The employee is entitled to a maximum of five weeks of family leave insurance during the application year. The wage replacement is capped at $250/week. However, benefits are not payable during the first seven calendar days of family leave, regardless of whether those days are paid or unpaid by the employer. Part-time employees will be eligible for a prorated payment.

Re-employment Requirements

The new law also requires employers to restore qualified employees to a position if:

the employer has more than 25 employees; and
the individual has been with the employer at least twelve months and worked at least 1250 hours during the previous twelve-month period.

The new law does not affect an employee's right under the Washington Family Leave Act (RCW 49.78) to be restored (1) to the same job he or she had before taking leave; or (2) to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment at a workplace within 20 miles of the employee's workplace when leave commenced.

Concurrent Leave

Any leave taken under the new law must be taken concurrently with any unpaid leave under the federal Family and Medical Leave Act of 1993 or under the Washington Family Leave Act. Additionally, employers may require that leave be taken concurrently with any leave allowed under the terms of a collective bargaining agreement or other employer policy, as applicable, for the birth or placement of a child. Employers must give employees written notice of this requirement.