Washington State 2026: A Critical Compliance Update for Employers

Person writing notes in a notebook at a desk, representing preparation for Washington State 2026 employment law changes.

Significant changes to Washington’s Paid Family and Medical Leave (PFML) program took effect on January 1, 2026. These updates, introduced by HB 1213, represent the most substantial expansion of the program since its inception.

For employers, noncompliance is no longer just an administrative headache; it is a significant legal and financial risk. To help you stay ahead, we have outlined the most critical changes you need to address in your handbooks and procedures immediately.

1. Expanded Job Restoration Rights

The threshold for “Job Protection” has been drastically lowered. Previously, only medium and large employers were required to hold an employee’s position while on leave. Now, the State of Washington has a phased-in approach that forces smaller employers to provide job protection and reinstatement rights, starting with employers who have 25+ employees in 2026.

Phased-In Employer Thresholds:

2026: 25 or more employees
2027: 15 or more employees
2028 and beyond: 8 or more employees

Employee Eligibility: The requirement for employees to work 1,250 hours is gone. Now, an employee qualifies for job protection after just 180 calendar days of employment, regardless of hours worked.

2. The “Job Restoration Notice” (The 14-Day Rule)

This is a new, individualized notice requirement. If an employee is on leave for more than 14 workdays (continuous or intermittent), you must provide a written notice about their job restoration rights. This notice is not a “one and done” poster; it is a direct communication to the employee that must include several details, including the following:

The specific date their job protection is estimated to expire.
The date of the employee’s first scheduled workday after their leave ends.
A warning that failure to return on the scheduled date may result in the loss of reinstatement rights.

3. Mandatory Notice to Prevent “Leave Stacking”

Under the new rules, employers can require FMLA and PFML to run concurrently (at the same time), but only if you provide strict written notice:

The 5-Day Rule: You must provide written notice within 5 business days of the initial leave request.
The Monthly Requirement: You must then provide a follow-up notice every month the employee remains out.
The Penalty: If you miss these notices, the employee can “stack” their leaves—taking 12 weeks of FMLA and then 12 weeks of PFML—essentially doubling their time away from the office.

4. Health Benefit Continuation

Benefit continuation is no longer tied strictly to FMLA overlap. Starting in 2026, employers must maintain health insurance for any period an employee is on PFML and entitled to job protection. This applies to smaller employers (25+) who were previously exempt but talk to your benefits broker to confirm carrier requirements and contract language that apply to your health plan.

5. Reduced Minimum Claim Duration

The minimum claim duration has been halved to support intermittent leave. Employees can now claim as little as four consecutive hours of leave per week (down from eight), allowing for much more flexible reduced-schedule claims.

Is Your Business “2026 Ready”?

At HRT Northwest, we specialize in “dialing in” these processes. From updating your employee handbook to updating your leave procedures, we provide the fractional HR leadership needed to navigate these strict timelines.

Don’t let a procedural error turn into a costly lawsuit. Contact us today for a 2026 Compliance Audit.

This is a summary of the major HR-related changes to the Paid Family and Medical Leave regulations. HRT Northwest is staffed by professionals in the field of Human Resources and business management. We are glad to help with your HR needs but we are not a law firm and we do not offer legal advice. The content on this page is for informational purposes only and is not a substitute for the advice of a qualified attorney. While we strive to provide accurate and up-to-date information, employment laws are subject to frequent change; therefore, HRT Northwest does not guarantee the completeness or accuracy of this summary.