All employers with Washington-based employees should take steps to comply with the significant changes to Washington’s Paid Family and Medical Leave (PFML) Act that became effective on January 1, 2026. Among other things, the amendments usher in a new scheme for determining when job protection applies. In principle, this new scheme offers a much-needed mechanism for preventing employees from stacking their PFML leave on top of leave taken under the federal Family and Medical Leave Act (FMLA). However, implementing this new scheme can be particularly challenging for employers.

Washington’s Employment Security Department (ESD) recently adopted regulations, updated its website, and issued template notices, all of which provide helpful guidance on the significant changes to the PFML Act. Employers should pay particularly close attention to the following changes:

• Reduced Weekly Claim Minimum: Employees are now eligible for PFML leave in a given week only if they are absent at least four consecutive scheduled work hours. Previously, employees became eligible after an absence of at least eight consecutive scheduled work hours.
• Expanded Job Protection: The new law changed which employers are covered and therefore required to provide job protection. Likewise, the new law significantly expanded those employees who are entitled to job protection.
  • Covered Employers: Previously, only larger employers with 50 or more employees were required to restore employees to their job upon...

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