Major leave of absence changes in Washington for 2026

Colleen Malmassari
Founder of Back40 Advisors LLC

As we look toward 2026, it’s critical for Washington employers to prepare for sweeping updates to the state’s paid family and medical leave program. The amendments to the Washington Paid Family and Medical Leave Act (PFMLA)—effective January 1, 2026—bring expanded job-restoration rights, new notice obligations and interactions with federal FMLA leave. These changes mean it’s time to start now drafting updated policies, communications, and procedures.

What’s changing

One of the most significant shifts is the expansion of job-restoration rights under PFML. Beginning January 1, 2026, an employee becomes eligible for job protection if they have been employed by their Washington employer for at least 180 calendar days, regardless of the number of hours worked; previously the PFML job protection rules followed that of the federal FMLA. The employer-size thresholds for mandatory job protection are also being phased in: for January 1, 2026 employers with 25 or more Washington-based employees become subject, then smaller employers down to eight employees by 2028.  Alongside this, the law lowers the minimum leave increment from eight hours to four hours, meaning employees may claim PFML benefits for shorter absences. 

Stacking leave: FMLA and PFML 

Another critical area to understand is how PFML will interact with federal FMLA leave, which only impacts employers with 50 or more employees within a 75-mile radius of a specific worksite. Under prior law, employees could potentially take FMLA leave, then separately take PFML leave—effectively “stacking” job-protected absences. The new amendments give employers an option to count FMLA leave toward the PFML job-protected period if the employee was eligible for PFML but did not apply for it concurrently with FMLA. This option requires specific written notice from the employer within five (5) business days of the employee’s initial FMLA request or use, and monthly thereafter.  The effect is that employers who comply can avoid extended leave beyond the statutory PFML job-protection limits, but failure to issue proper notices may result in the full protections remaining in place. 

Employer notice and documentation requirements

Employers will face new notice obligations under the amended PFML law. When an employee takes more than two consecutive weeks of leave, or more than 14 work-days of intermittent leave, the employer must provide a written notice at least five (5) business days before the employee’s scheduled return-to-work date. That notice must include the estimated date by which job-restoration rights will expire and the employee’s first scheduled workday.  In addition, for FMLA leaves that may be counted toward PFML job-protection, the employer notice must inform the employee that the leave is being designated and counted toward both FMLA and PFML job-protection rights, the employer’s FMLA leave year, dates, remaining entitlements, and clarify that PFML benefit eligibility remains unaffected. 

Health-insurance continuation and other impacts

The amendments also expand employer obligations around health-insurance continuation. Under the updated rules, any employer obligated to provide job-protection under PFML must continue health-benefit coverage for the full period of PFML job-protection rights—even if the leave does not overlap with FMLA. Previously, continuation was required only if PFML overlapped with FMLA.  Employers should take inventory now of how their health-benefit plans, premium payments, and leave-policy documentation will align with these upcoming changes.

Final thoughts

The upcoming changes to Washington’s PFML program mark a step toward broader employee protections, but they also introduce significant compliance complexity for employers. The way your organization handles leave, designates job-protection, issues notices, and tracks entitlements will matter. By getting ahead of these changes now—reviewing policies, creating documentation, training leadership, and adjusting systems—you can minimize risk, support your workforce effectively, and keep your organization in strong compliance.

Colleen Malmassari, a Society for Human Resource Management-Certified Professional, Professional in Human Resources, is the founder of Back40 Advisors LLC.