FMLA Eligibility in Washington: Who Qualifies for Family Leave

The federal Family and Medical Leave Act, codified at 29 U.S.C. § 2601 et seq., provides eligible employees up to 12 weeks of unpaid, job-protected leave per 12-month period. Employers covered by FMLA are those with 50 or more employees employed within 75 miles of the worksite, including incorporated and unincorporated associations. Employees must have worked for the employer for at least 12 months (not necessarily consecutive) and completed at least 1,250 hours of service during the 12 months preceding leave request. FMLA protects leave taken for birth of a child, adoption, serious health condition of the employee or family member, military caregiver leave (to care for servicemember with serious injury or illness), and qualifying military exigency leave.

Under FMLA, employers must maintain health insurance coverage while the employee is on leave, and the employee has the right to return to the same or equivalent position upon conclusion of leave. The U.S. Department of Labor (DOL) enforces FMLA and investigates complaints filed within 30 days of the alleged violation, though individuals may also pursue private lawsuits within two years of a violation (three years if willful). Damages include lost wages, liquidated damages, and attorney fees. State employees enjoy sovereign immunity exceptions under FMLA; however, private sector employees in covered employers have robust protections.

Washington's employment leave framework consists of two separate, parallel protections that stack on top of FMLA: the Washington Paid Family and Medical Leave Act (RCW 49.86.010 et seq.) and Washington's Family Leave Act (RCW 49.78.005 et seq.), both stronger than federal FMLA. The Paid Family and Medical Leave Act applies to all employers in Washington with one or more employee and provides 12 weeks of paid leave per 12-month period (funded by a shared employee-employer insurance premium system). This differs fundamentally from federal FMLA because it covers all employers, not just those with 50+ employees, and provides paid rather than unpaid leave.

Washington's Family Leave Act, distinct from the paid leave program, entitles employees to up to 12 weeks of unpaid leave per 12-month period for birth, adoption, placement of foster child, care of family member with serious health condition, or domestic violence reasons. Unlike FMLA, Washington's unpaid leave applies to employers with 8 or more employees, a much lower threshold than federal law's 50-employee requirement. This means Washington employees of smaller employers (8-49 employees) have state-level leave protections not available under federal FMLA.

Washington law expands the definition of "family member" beyond federal FMLA to include adult children and parents of the employee, not merely spouse, parent, or dependent child. Additionally, Washington provides job protection and health insurance maintenance obligations for both paid and unpaid leave. For the paid leave program, employees and employers contribute equally to the statewide insurance system; eligible employees may use paid leave for any reason once accrued. The remedies under Washington law include recovery of lost wages, reinstatement, and attorney fees through the state labor commissioner (Department of Labor & Industries) or private action under RCW 49.86.140 and RCW 49.78.150.

FMLA does not apply to employees in the private sector at employers with fewer than 50 employees within 75 miles, or employees who have not completed 12 months of employment or 1,250 hours of work. Employers may deny leave if the employee fails to provide notice as soon as practicable (or within 30 days of notice received if the employee actually knew of the need but failed to inform). Federal law excludes certain categories of workers, including independent contractors, volunteers, and federal employees (who have separate leave rights under federal civil service law). Intermittent or reduced-schedule leave can be counted against the 12-week annual entitlement, and employers may require employees to use accrued paid vacation or PTO concurrently with FMLA leave if state law permits.

Washington-specific exceptions: Employees exempted from coverage under the state's paid family and medical leave program include federal employees, railroad employees subject to the Railroad Retirement Tax Act, certain Native American tribal employees, and self-employed individuals. The paid leave program does not cover leave taken during strikes or lockouts. Additionally, employees who have not worked for the employer for 12 months do not qualify for state paid leave or the unpaid family leave act, creating a one-year waiting period. Employers may require medical certification for serious health conditions and may deny leave if the employee fails to provide sufficient notice, though "as soon as practicable" is interpreted generously. Washington law permits employers to integrate FMLA and state leave, so a 12-week period runs concurrently under both programs rather than sequentially, preventing double recovery of paid leave benefits.

Step 1: Document Everything. Keep detailed records of all leave requests, including dates requested, reason for leave, medical certifications or supporting documents, employer responses, and any denial of leave. Save emails, text messages, and written correspondence. If leave was taken without approval, document the specific dates, reason, and how your employer responded. Maintain payroll stubs showing paid versus unpaid time to establish wage loss. If your employer interfered with leave (pressured you to return, harassed you, or terminated you), document the specific statements, dates, and witnesses.

Step 2: File an Internal Complaint. Most employers are required to have FMLA policies posted and available. Request a copy of your employer's leave policy in writing and file a formal grievance with Human Resources or your manager documenting the alleged violation (e.g., "I requested FMLA-qualifying leave on [date] for [reason], and my employer denied it without legal justification" or "I was terminated [date] within 30 days of taking protected leave"). Keep a copy for your records. This creates an internal paper trail and may prompt corrective action before escalation. Ask for written confirmation of your leave rights and whether your leave is approved.

Step 3: File a Charge with the Appropriate Agency. Federal FMLA violations are investigated by the U.S. Department of Labor, Wage and Hour Division. You may file online, by mail, or in person. Go to www.dol.gov/agencies/whd/fmla/faq and select "File a Complaint" or contact the DOL at 1-866-4-USDOL (1-866-487-3652). Washington state also investigates FMLA claims through the Department of Labor & Industries, Public Disclosure Commission, and the state Attorney General's office. For violations of Washington's Paid Family and Medical Leave Act, file with the Department of Labor & Industries at www.lni.wa.gov/workers-rights/leave-and-time-off/paid-family-medical-leave or call 1-833-Pay-Work (1-833-729-9675). You have no specific federal deadline to file a DOL complaint, but must file a private FMLA lawsuit within two years (three years if willful). For Washington state paid leave violations, file within 3 years. Provide your name, employer name and address, dates of the violation, a description of what happened, any witnesses, and copies of supporting documents (denial letters, emails, termination notice).

Step 4: Understand the Investigation Process. The DOL Wage and Hour Division will review your complaint and may interview you and your employer. Investigations typically take 60 to 120 days. The investigator may request payroll records, leave policies, medical certifications, and written statements. You should cooperate fully, provide additional documentation as requested, and inform the investigator of any retaliation. Washington Department of Labor & Industries follows a similar process, often coordinating with DOL on federal FMLA issues. The agency will issue findings; if a violation is confirmed, the employer may be ordered to restore lost wages, reinstate you, and pay liquidated damages equal to lost wages plus attorney fees.

Step 5: Consult an Employment Attorney. Contact an employment attorney before or immediately after filing if the employer has terminated you, if wage loss exceeds $5,000, or if retaliation occurs. An employment lawyer can evaluate your case, represent you in settlement negotiations, and file a private lawsuit if the DOL does not pursue enforcement. Many employment attorneys handle FMLA cases on contingency (no upfront fee; you pay only if you win). Look for attorneys licensed in Washington and experienced in FMLA and wage-and-hour law. The Washington State Bar Association (www.wsba.org) provides a lawyer referral service. If you cannot afford an attorney, contact Northwest Justice Project (www.nwjustice.org) or a legal aid organization.