Maternity Leave Laws in Washington: Your Full Entitlements

The Family and Medical Leave Act (FMLA), codified at 29 U.S.C. § 2601, provides eligible employees with up to 12 weeks of unpaid, job-protected leave in a 12-month period for the birth of a child or to bond with a newborn. The FMLA applies to employers with 50 or more employees within 75 miles of the work site. Employees must have worked for the employer for at least 12 months and have completed 1,250 hours of service in the 12 months preceding the leave request to qualify.

During FMLA leave, employers must maintain the employee's health insurance benefits under the same terms as if the employee were actively working. Upon return from FMLA leave, employees must be restored to their original position or an equivalent position with equivalent pay, benefits, and terms of employment. The U.S. Department of Labor (DOL) enforces the FMLA and investigates complaints of violations.

The FMLA covers maternity leave for pregnancy, childbirth, and the initial bonding period with a newborn. This leave is unpaid unless the employer voluntarily provides paid leave or the employee uses accrued paid leave (such as vacation or sick days). Employers cannot require employees to use paid leave before FMLA leave begins, but employees may be required to use paid leave concurrently with FMLA leave if the employer's policy allows it.

Washington State does not have a state-mandated paid maternity leave law. However, Washington law provides several protections for pregnant employees and new mothers that complement federal protections. Under the Washington Law Against Discrimination (WLAD), codified at RCW 49.60.180, discrimination based on pregnancy, childbirth, or related medical conditions is explicitly prohibited. This means employers cannot refuse to hire, terminate, demote, or otherwise discriminate against an employee because of pregnancy or related conditions.

Washington's Paid Leave Act (RCW 49.12.265) requires employers to provide paid leave that employees can use for any reason, including childbirth, recovery from childbirth, and family care. As of 2024, eligible employees accrue one hour of paid leave per 30 hours worked (or 0.2 hours per hour worked), up to a minimum of 40 hours per year. However, this paid leave is not maternity-specific; it is general-purpose paid leave that can be applied to pregnancy and maternity needs.

Washington covers all employers with one or more employee, making the state's paid leave protections broader than the FMLA's 50-employee threshold. However, small employers (1-5 employees) have different accrual requirements than larger employers. Washington law does not establish a specific maternity leave duration; instead, it relies on the FMLA's 12-week framework for federally covered employers and paid leave accrual for all employers.

Under RCW 49.76.010, employers in Washington are prohibited from requiring employees to work during maternity or parental leave. Additionally, Washington protects employees who take leave for pregnancy-related reasons from retaliation. Unlike some states, Washington does not offer a supplemental state paid family leave program, meaning employees in Washington typically must rely on federal FMLA protections, accrued paid leave, or employer-provided voluntary paid parental leave programs.

The FMLA applies only to employers with 50 or more employees within 75 miles of the work site; employees of smaller employers are not entitled to FMLA leave but may be entitled to Washington Paid Leave Act protections. Employees must have worked for the employer for 12 months and completed 1,250 hours of service to qualify for FMLA; temporary or part-time employees below this threshold are not protected.

The Washington Paid Leave Act applies to all employers with one or more employees, but employers with 1-5 employees may allow employees to carryover unused paid leave to the following year or pay it out, giving them more flexibility than larger employers. Employers can require employees to use accrued paid leave concurrently with FMLA leave if the employer's policy is neutral and consistent.

Pregnancy discrimination protections under WLAD (RCW 49.60.180) do not apply to employers with fewer than 8 employees, creating a carve-out for very small employers. However, federal Title VII protections still apply to employers with 15 or more employees. Employees cannot be denied FMLA leave if they are medically capable of working, but employers can require medical certification of the need for leave.

Under Washington's paid leave law, employers can require reasonable notice of the need for leave and can set requirements about how employees must provide notice. Employees are not entitled to paid leave for personal preferences or non-medical reasons unless the employer voluntarily provides it. Additionally, FMLA leave is unpaid by default; employers are not required to provide paid leave unless state law, company policy, or collective bargaining agreements require it.

Step 1: Document your maternity leave request and employer's response. Keep copies of all written communications (emails, forms, letters) regarding your leave request, including dates, names of people you spoke with, and the content of conversations. Write down the date you informed your employer of your pregnancy and need for leave, whether you provided medical certification, and any written policies the employer provided. If the employer denied your request or imposed unexpected conditions, document the exact reason given and any discriminatory comments made.

Step 2: Attempt internal resolution if possible. Review your employer's maternity leave and paid leave policies in writing; request clarification if the policy is unclear. File a formal internal complaint with your HR department or the appropriate manager, in writing, stating your request for maternity leave and citing the relevant law (FMLA if applicable, or Washington Paid Leave Act). Keep a copy of this complaint and any response. Internal complaints are important because they give the employer an opportunity to correct the violation and may be required before filing an external charge.

Step 3: Determine which agency to contact based on the violation type. For FMLA violations (denial of unpaid leave, failure to maintain health insurance, or retaliation for taking FMLA leave), file a complaint with the U.S. Department of Labor Wage and Hour Division at https://www.dol.gov/agencies/whd or call 1-866-4-USDOL (1-866-487-8356). For pregnancy discrimination or violations of Washington Paid Leave Act, file a charge with the Washington State Human Rights Commission (WSHR) at https://www.hum.wa.gov or call 1-800-233-3247. The deadline to file with WSHR is 300 days from the date of the alleged violation. You do not need to file with EEOC first; Washington has its own civil rights agency. Provide your name, contact information, employer name and address, date of the alleged violation, and a detailed description of what happened.

Step 4: Understand the investigation process. After filing with DOL or WSHR, the agency will review your complaint and may contact your employer for a response. You may be asked to provide additional documentation, such as personnel records, leave policies, and medical certification. Investigations typically take 60-90 days but can take longer if the case is complex. The agency will determine whether a violation occurred and, if so, will attempt to resolve the matter through settlement or may issue a formal determination. If you file with WSHR, the agency may refer the case to mediation before a full investigation begins.

Step 5: Consult an employment attorney if needed. If the agency's investigation is slow or inconclusive, or if the employer retaliates against you for filing a complaint, contact an employment attorney who specializes in family leave law and pregnancy discrimination. An attorney can assess whether you have a strong case, estimate potential damages (back pay, front pay, compensatory damages for emotional distress, punitive damages in discrimination cases), and represent you in settlement negotiations or litigation. Initial consultations are often free or low-cost, and many employment attorneys work on contingency for discrimination and FMLA cases.