Washington State Maternity and Parental Leave Laws

Washington State's PFML version of the Family and Medical Leave Act requires employers to provide paid time off.

By , Attorney Seattle University School of Law
Updated by Bethany K. Laurence, Attorney UC Law San Francisco
Updated 10/02/2025

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 Medical Leave Act (PFML).

Washington's PFML Act, while similar in structure to the federal Family and Medical Leave Act, provides extra protection for employees who work in Washington. Most significantly, Washington State's PFML 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 starting in 2026. And by 2027, every employer will be required to provide pregnancy accommodations.

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

Washington is one of about 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 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 $1,542 per week in 2025 and increases to $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:

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 2025, all of the following must apply:

  • Your employer has at least 50 employees.
  • You have worked for that employer for at least one year.
  • You worked at least 24 hours per week on average in the 12 months before your leave.

Starting in 2026, more employees will have these job protections. (2025 Wash. Sess. Laws ch. 304, § 11.) Under the amended PFML law:

  • The hours‑worked requirement is removed.
  • The length of employment requirement is reduced to 180 days (about 6 months).
  • The employer‑size requirement is reduced in phases as follows:
    • 2026: 25 employees
    • 2027: 15 employees, and
    • 2028: 8 employees.

Also starting in 2026, your employer can count unpaid FMLA leave you take toward your PFML job protection period—but only if your employer gives you written notice within five business days. So, although you won’t lose cash benefits if you take some unpaid FMLA leave before your PFML leave, your job might not be protected for the entire time you’re off work on paid leave.

To keep your right to have your job reinstated after January 1, 2026, you’ll need to let your employer know you plan to return to work. And you must do so by your first scheduled workday after PFML ends—or, if you didn’t use PFML but took unpaid FMLA leave, by your first day back.

If your leave lasts more than 2 weeks, or if you use more than 14 days of intermittent leave, your employer must give you written notice about when your job protection ends. That notice must also include the date you’re scheduled to return to work.

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

Employers can require PFML and FMLA leave to run concurrently (at the same time) when the leave qualifies under both laws. Starting January 1, 2026, employers must also provide written notice if they plan to count your leave under both kaws, so you understand how your time off affects both types of leave entitlements.

Your employer must give you this notice in writing within five days of either:

  • your request for leave, or
  • the start of your leave.

Employers are also required to provide this written notice monthly while you’re on PFML leave. (2025 Wash. Sess. Laws ch. 304, § 11.)

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 in 2025 that counts as PFML and FMLA leave, you keep your health benefits. But if your paid leave doesn’t count as FMLA—for instance, you work for an employer with fewer than 50 employees—your employer doesn’t have to continue providing benefits.

Beginning January 1, 2026, the rules change. Employers will have to continue your health benefits during PFML leave whenever you qualify for job protection under state law. (Wash. Rev. Code § 50A.35.020.) So, if you take leave in 2026, this protection will apply if you’ve worked for your employer for 180 days or more and the company has at least 25 employees. At that point, it won’t matter whether your leave is covered by FMLA—smaller employers will have 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. Currently, you must take at least eight hours of leave in a row each week—for example, you might take one day off per week to care for a family member undergoing chemotherapy. 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.

Starting January 1, 2026, the minimum claim duration drops to four consecutive hours, giving you more flexibility to take leave as needed. (Wash. Rev. Code § 50A.15.020(2)(c).) Under the new rules, for example, you could take four hours off each month, or bi-weekly 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 paid medical leave for your pre- and post-natal 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.

Further Reading
Maternity and Paternity Leave Laws in Minnesota
New York Maternity Leave and Parental Leave Rights
Maternity and Parental Leave Laws in Colorado
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