Washington State Maternity and Parental Leave Laws

If you work in Washington State and you need time off work for pregnancy, childbirth, or parenting, you could be eligible for up to 18 weeks per year of paid maternity or paternity (parental) leave under Washington's Paid Family and Medical Leave (PFML) Act. Washington's PFML Act, while similar in structure to the federal Family and Medical Leave Act, provides for paid leave, while the federal law only guarantees unpaid leave.

Additionally, Washington's law doesn't restrict the size of the employers that must provide leave under the law and has a broader definition of "family" that includes siblings and grandparents.

Recent law changes will expand job protections during PFML in 2027 and 2028. Also, in 2027, every employer will be required to provide pregnancy accommodations. Read on to find out how these laws work together.

How Does Washington's Maternity and Family Leave Law Work?

Washington is one of over a dozen states that provide publicly funded paid family and medical leave. If you take paid medical or parenting leave in Washington, you'll receive a percentage of your average income for the duration of your time off (up to a certain point).

To qualify for paid family or medical leave in Washington State, you'll have to meet certain employment eligibility requirements and experience a "qualifying event." (But before we get into the details below, know that pregnancy is considered a serious health condition under Washington law, so if you're taking paid PFML for issues related to pregnancy or childbirth, the state will consider that to be medical leave.)

Which Employees Qualify for PFML?

You'll need to have worked a minimum of 820 hours—about 16 hours per week—in the state of Washington during your "qualifying period" to qualify for PFML. Washington counts the first four of the past five completed calendar quarters to see if you've met the minimum hours worked requirement. For most applicants, this is the same as the past year they worked before applying for benefits.

Almost every employer with at least one employee in Washington State is required to provide their employees with PFML coverage. However, there are a few exceptions—these workers don't always get benefits under Washington's paid leave law:

• federal government employees
• employees covered under an approved voluntary plan (you can find the list here)
• people who perform "casual" (irregular and infrequent) work for an employer
• employees of businesses owned by tribal governments on tribal land (they have the option to participate in PFML), and
• self-employed individuals (they have the option to participate in PFML).

What Is a Qualifying Event for PFML?

Not every family or medical emergency will be covered by Washington PFML leave. To take paid time off, you need to show that either you or your family member experienced a qualifying event.

Washington's PFML Act offers two types of paid leave benefits: medical leave and family leave. Your qualifying event might entitle you to coverage under either type, although both programs are administered by the Washington State Employment Security Department.

Medical leave is for when a serious health condition prevents you from working. The condition can be almost anything, so long as your doctor agrees that it's serious. Examples include:

• pregnancy or prenatal care
• any illness or injury that kept you off work for more than three days
• chronic health conditions, like diabetes or epilepsy
• treatment for substance abuse or mental health, and
• recovery from surgery, radiation, chemotherapy, or dialysis.

Family leave is available to take care of a family member with a serious health condition or to bond with a new baby or child. You can use family leave to care for:

• your spouse or domestic partner
• your children (biological, adoptive, foster, or stepchildren)
• your and your spouse's parents or legal guardians
• your siblings
• your grandchildren and grandparents (or spouse's grandparents)
• your son- and daughter-in-law, or
• somebody who has an expectation to rely on you for care, whether you live together or not.

How Much Will I Get Paid for Maternity or Paternity Leave in Washington?

Washington calculates your paid family or medical leave benefits based on a percentage of your wages reported by your employer. You can receive up to 90% of your weekly pay, up to the maximum benefit amount, which is $1,647 for leave that starts in 2026. (The maximum benefit amount is updated yearly.)

You can estimate your weekly paid PFML amount using Washington's benefit calculator.

To receive your pay, you'll have to file a weekly claim for benefits. The claim questions simply ask you how many hours you worked, if any, and whether you received any paid time off (PTO) from your employer. You'll also be asked whether you received unemployment insurance or workers' compensation, because you can't take paid PFML leave at the same time as unemployment or workers' comp.

How Long Is Maternity Leave and Paternity Leave in Washington?

You might be eligible to receive up to 18 weeks total per year of paid family and medical leave. The total amount you can take per program breaks down as follows:

• up to 12 weeks of paid family or medical leave
• up to 16 weeks of leave when family and medical leave are both taken, or
• up to 18 weeks of leave when family and medical leave are both taken and there are additional complications from pregnancy.

Here are two examples to help illustrate the differences between the types of leave:

Note that there is no waiting period for medical leave taken during the postnatal period, parental bonding leave, family leave for the loss of a child, or family leave for military exigency. (For other types of paid leave, there is a one-week waiting period.

Is Your Job Protected During Paid Family or Medical Leave?

When you've finished taking PFML leave, you're entitled to return to your job at the same or equivalent position if you meet certain criteria. For 2026, both of the following must apply for your job to be protected:

• Your employer has at least 25 employees.
• You have worked for that employer for at least 180 days (about 6 months).

Future Changes Protect More Employees

Starting in 2027, more employees will have these job protections. (2025 Wash. Sess. Laws ch. 304, § 11.) Under the amended PFML law, the employer-size requirement is reduced to 15 employees in 2027 and 8 employees in 2028.

Job Protection Can Run Out Sooner in Some Cases

Your total job-protected leave (FMLA and PFML combined) is capped at 16 weeks in any 52-week period—or 18 weeks if you had a serious health condition related to pregnancy that left you unable to work. You can still collect PFML benefits up to the maximum amount, but your right to reinstatement runs out once your total leave passes that 16- (or 18-) week threshold. (Wash. Rev. Code § 50A.35.010(7); Wash. Admin. Code § 192-700-025.)

This is where the federal FMLA comes in. If you take unpaid FMLA leave and don't apply for PFML benefits for that time, your employer can count those FMLA weeks toward your 16- or 18-week job-protection ceiling—but only if all of these are true:

• You took the FMLA leave in the year before your PFML leave
• Counting it would push your combined leave past the 16- or 18-week ceiling.
• Your employer gives you proper written notice (see below).

If your employer doesn't give you the required notice, it can't reduce your protection, and you keep full reinstatement rights no matter how much FMLA leave you took earlier. (Wash. Admin. Code § 192-700-025(6).) And counting FMLA against your job protection never reduces your PFML cash benefits. (Wash. Admin. Code § 192-700-025(4).)

To keep your reinstatement rights, you also have to actually return to work by your first scheduled workday after your leave ends (or after you hit the 16- or 18-week ceiling). If you took unpaid FMLA leave but no PFML, the deadline is your first scheduled day back. (Wash. Rev. Code § 50A.35.010(7)(a).)

If your leave lasts more than 2 continuous weeks, or you use more than 14 days of intermittent leave, your employer must give you written notice—at least 5 business days before you're due back—estimating when your job protection ends and identifying your first scheduled workday. (Wash. Rev. Code § 50A.35.010(7)(b); Wash. Admin. Code § 192-700-030.)

Do PFML and FMLA Leave Have to Run at the Same Time?

When the same time off qualifies under both PFML and the federal FMLA and you're drawing PFML benefits, the two types of leave run concurrently (at the same time). You can't "stack" them to get more total job-protected leave than the 16- or 18-week ceiling described above.

Even if you take unpaid FMLA without applying for PFML benefits, your employer can still count that FMLA toward your PFML job-protection ceiling—but only if it gives you written notice. That notice must:

• reach you within 5 business days of when you request or start FMLA leave, and
• be repeated at least monthly for as long as your employer is applying your FMLA leave toward your PFML job protection.

(Wash. Admin. Code § 192-700-025(5); 2025 Wash. Sess. Laws ch. 304, § 11.) Remember, this notice affects only your job protection—not your eligibility for PFML benefits. (Wash. Admin. Code § 192-700-025(4).)

Do I Lose My Health Benefits Under Washington Maternity Leave Laws?

Under the FMLA, employers with 50 or more employees are required to continue providing health benefits for employees on FMLA leave, though employees taking leave usually still need to pay their share of the premiums. So if you take time off that counts as PFML and FMLA leave, you keep your health benefits. But if your paid leave doesn’t count as FMLA leave—for instance, you work for an employer with fewer than 50 employees—your employer might not have to continue providing benefits.

Employers have to continue your health benefits during PFML leave whenever you qualify for job protection under state law. (Wash. Rev. Code § 50A.35.020.) Health care continuation applies if you’ve worked for your employer for 180 days or more and the company has at least 25 employees (in 2026). If you qualify for PFML job protection, it doesn't matter whether your leave is covered by FMLA. You will qualify to have your health care plan continued. And in 2027 and 2028, smaller employers will have to continue to provide benefits, too. The same phased-in reductions in employee thresholds that apply to job protection (see above) also apply here.

Do I Have to Take All My Paid PFML Benefits at Once?

No, you can take intermittent or reduced schedule paid leave. You must take at least four hours of leave in a row each week—for example, you might take a half day off per week to care for a family member undergoing chemotherapy. (Wash. Rev. Code § 50A.15.020(2)(c).) And you must file your weekly claim for PFML benefits each week you’re on leave, whether you worked the rest of the week or not. Under these rules, for example, you could take four hours off each month or take four hours biweekly for prenatal checkups.

Does Washington Have Short-Term Disability Pay for Pregnancy?

Washington doesn't have a separate short-term disability program for pregnancy. If you're pregnant, you can take up to 12 weeks of paid medical leave for your prenatal and postnatal care (with an additional two weeks if you have pregnancy complications). This medical leave is also sometimes called pregnancy disability leave.

How Do I Take Maternity or Paternity Leave in Washington?

Your first step is to let your employer know that you plan on taking paid family or medical leave. If you know that you'll be taking leave before it happens—such as for adoption or childbirth—you should let your employer or HR representative know, in writing, at least 30 days before you expect to take leave.

If you need to take leave unexpectedly, you (or a friend or relative) still need to provide written notice to your employer as soon as possible. The notice doesn't need to be complicated. You can just state that you intend to take PFML leave, and you can estimate about how long you expect to be out. A sample notice is available from the state paid leave website.

Your next step is to fill out an application for PFML with the state. All applications for PFML require basic documentation, so you'll be asked to supply a form of identification such as a driver's license. You'll also need to provide a Certification of Serious Medical Condition form, signed by your doctor, and—depending on the type of leave you're taking—additional documents such as a birth certificate.

After you apply, you can check the status of your application online. If you're approved for paid leave through the PFML Act, you'll receive a determination letter in the mail letting you know how much your weekly benefit will be and for how long your leave was approved.

What About Pregnancy Accommodation and Antidiscrimination Laws?

Washington's workplace pregnancy accommodation law provides protections for employees who have health conditions related to pregnancy and childbirth. Workplaces with 15 or more employees must comply with the law, and changes to the law effective January 1, 2027, will require all employers to do so regardless of size. (2025 Wash. Sess. Laws ch. 379.)

Under the pregnancy accommodation law, your employer must, upon request:

• allow you to take additional restroom breaks
• modify food or drink policies
• let you sit more frequently
• not make you lift anything heavier than 17 pounds, and
• provide a convenient location to express breast milk.

Your employer can’t require you to provide a doctor’s note for any of the accommodations outlined above. But for any additional accommodations, such as changing your schedule or temporarily transferring you to a different location, your employer can ask you for a supporting doctor's note.

Starting in 2027, the law will also require all employers to allow employees to request scheduling flexibility for postpartum medical visits and provide paid lactation breaks that:

• include travel time if no private space is available
• aren’t included as regular meal and rest periods, and
• aren’t counted as paid leave (using PTO, sick leave, or vacation).

In addition, a federal law called the Pregnancy Discrimination Act requires employers to treat employees who are unable to work due to pregnancy just like other employees who are temporarily disabled for other reasons. For example, if your company lets employees take time off for conditions like broken bones or heart attacks, then it must allow pregnant employees to take the same time off when they are unable to work.

The federal Pregnant Workers Fairness Act (PWFA) takes this one step further, requiring covered employers (those with 15 employees or more) to provide reasonable accommodations to employees who need them due to pregnancy, childbirth, and related conditions. Under this law, reasonable accommodations can include time off work.

Finally, you may be entitled to some accommodations under the Americans with Disabilities Act (ADA) during your pregnancy. Employers with 15 or more employees may have to provide reasonable accommodations during pregnancy—if you have complications or are late in your third trimester—which can include extra time off as a reasonable accommodation.