Paternity Leave Laws in Washington: Your Rights as a New Parent

The federal Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, requires covered employers (those with 50+ employees within 75 miles) to provide 12 weeks of unpaid, job-protected leave to eligible employees for the birth of a child and bonding with a newborn. The FMLA applies only to employers with 50 or more employees and only to employees who have worked there for at least 12 months and performed 1,250 hours of service.

Federal law does not guarantee paid leave — it only guarantees that your job (or an equivalent job) remains available when you return. The FMLA does not require employers to continue health insurance premium payments during leave, though many employers do. Violations of FMLA are enforced by the U.S. Department of Labor Wage and Hour Division. Remedies include back pay, damages, attorney's fees, and liquidated damages equal to lost wages and benefits.

The FMLA is a floor, not a ceiling. States and employers can provide more generous leave policies, and many do.

Washington's Paid Family and Medical Leave (PFML) Act, Revised Code § 49.86.010 et seq., significantly exceeds federal FMLA protections by providing 12 weeks of paid leave rather than unpaid. Washington's program applies to all employers with 50 or more employees in the state (matching the federal threshold), but Washington goes further by providing wage replacement at approximately 90% of the employee's average weekly wage, subject to a maximum benefit amount adjusted annually (for 2024, the maximum is $1,627 per week).

Eligibility requires the same 12-month employment period and 1,250 hours of service as federal law, but Washington's definition is more favorable to employees: it counts service in multiple employers' jobs during that period under certain circumstances. Critically, PFML covers not only paternity leave for bonding with a newborn but also maternity leave, adoption bonding, and care for ill family members — a broader scope than federal FMLA.

Washington's job protection is equally strong as federal law: your employer must restore you to your same position or an equivalent position with equivalent pay, benefits, and terms of employment. Washington law also prohibits retaliation or discrimination against employees who take PFML leave. Employers cannot require you to use accrued paid time off (PTO) before or during PFML; paid leave must be taken separately from PTO.

Washington funds PFML through a joint employee-employer payroll tax, not through general revenue. Employees pay 0.4% of wages (with a maximum annual contribution, adjusted yearly), and employers pay 0.4% of wages (also capped). This shared-premium model is unique among state paid leave programs and makes PFML financially accessible to low-wage workers. Self-employed individuals can opt into the program.

You have 12 months from the date you became employed to satisfy the service requirement.

You must earn at least 1,250 hours of wages in the 12-month period before taking leave.

Your employer must have 50 or more employees in Washington to be covered by PFML.

You must file your application within 30 days of your child's birth (or the date you become entitled to leave) to avoid loss of benefits.

Maximum weekly benefit amount for 2024 is $1,627 per week (adjusted annually for inflation).

You receive 55% wage replacement if taking partial leave, or 90% if taking full-time leave.

You have up to 12 weeks (420 calendar days) to use your PFML entitlement in a 12-month period.

Washington PFML does not apply to employers with fewer than 50 employees; these employers are only bound by federal FMLA if they meet its size threshold. Employees of the federal government are not covered by Washington PFML, though they may be entitled to federal paid leave under separate rules.

Temporary employees and contract workers may not be eligible if they do not meet the 1,250-hour threshold or the 12-month service requirement. Employees on a leave of absence for more than 30 calendar days (other than approved military service) may restart their service clock, meaning they must satisfy the 12-month and 1,250-hour requirements again.

Washington law does not require employers to pay PFML benefits if an employee becomes entitled to workers' compensation benefits for the same period; you cannot "double dip" into both systems. However, an employee can coordinate PFML with short-term or long-term disability insurance, and employers cannot reduce or eliminate those benefits based on PFML usage.

Pregnancy-related complications that qualify as a serious health condition under the definition in WAC 192-500 may trigger PFML rights before the child is born, but the same eligibility rules (12 months service, 1,250 hours) still apply. Private or public sector employees, union and non-union, are all covered equally; collective bargaining agreements cannot eliminate or reduce PFML rights, though they can enhance them.

Employees who voluntarily resign are not entitled to PFML upon rehire within one year unless the employer rehires them and they continue their previous employer-employee relationship. Certain domestic workers and agricultural workers have historically faced exclusions, but as of recent amendments, most categories have been brought into PFML coverage.

Step 1: Document Your Eligibility and Timeline. From your first day of employment, keep records of: (1) your hire date and all dates of employment; (2) your paystubs showing wages earned each week; (3) your total hours worked (employers must track this); and (4) your birth or adoption notification to your employer. Request a wage and hour statement from your employer quarterly to verify accuracy. Save all emails, messages, and documents showing your leave request and your employer's response. If your employer denies your request, document the denial in writing immediately.

Step 2: Notify Your Employer and Complete Internal Process. Provide written notice of your anticipated leave date as soon as practicable (ideally 30 days in advance, though immediate notice is acceptable in emergencies like premature birth). Use your employer's standard leave request process if one exists. Your employer must provide you with PFML information, including the claim form and your rights under the law; if they don't, ask for it in writing. Your employer cannot require you to use PTO before PFML or prohibit your use of PFML. If your employer denies leave or retaliates, document their statements and actions in detail with dates and witnesses.

Step 3: File with Washington Department of Employment and Assistance (BEAA). Submit your PFML claim form to the Washington Department of Employment and Assistance, paid leave program, within 30 days of the date you become entitled to leave (the birth, adoption, or serious health condition date). You can file online at paidleave.wa.gov or by phone at 833-JOB-SUPPORT (1-833-562-7887). Your application must include: (1) your Social Security number and contact information; (2) your employer's name, address, and account number; (3) the date of birth or adoption; (4) the date you plan to start leave; (5) certification from a healthcare provider if the leave is for a serious health condition (not required for bonding with a newborn); and (6) your signature. Processing typically takes 7-14 days.

Step 4: Understand the Investigation and Benefit Payment Process. Once you file, BEAA will verify your eligibility by contacting your employer and reviewing wage records. The agency may request additional documentation from you or your employer. You will receive a notice of eligibility (or ineligibility) within 14 calendar days of filing in most cases. If approved, your benefits will begin within 7-10 days of approval, deposited via direct deposit or check weekly (or in lump sums depending on your selection). If BEAA denies your claim, you have the right to appeal within 30 days of the denial notice; the appeal process includes a hearing before an administrative law judge. During your leave, stay in contact with your employer as required by your agreement; failure to report back as scheduled can result in termination under at-will employment rules.

Step 5: Consult an Attorney if Retaliation or Violation Occurs. If your employer retaliates against you for taking PFML (firing, demotion, wage reduction, or hostile treatment), or denies you leave when eligible, contact an employment law attorney immediately. Retaliation is illegal under RCW 49.86.030. Bring your documentation of employment, leave request, and employer's response. An attorney can file a complaint with the Washington Department of Labor and Industries or pursue a civil claim for damages. If BEAA denies your benefits and you believe the denial is wrong, you can appeal without an attorney, but an employment attorney can strengthen your case. Do not delay; the statute of limitations for retaliation claims is generally 3 years, but prompt action protects your rights and strengthens evidence preservation.