Washington State Paid Family and Medical Leave is a state-run insurance program that pays most workers a portion of their wages, up to $1,647 per week in 2026, when they need time off for their own serious health condition, to care for a family member, to bond with a new child, or for certain military family needs. Benefits run up to 12 weeks in most cases, and starting January 1, 2026, employers with 25 or more employees must hold your job while you’re out.
Who Qualifies
You need at least 820 hours of work in Washington during the qualifying period, which is the first four of the last five completed calendar quarters before you apply.1Washington State Legislature. RCW 50A.35.010 – Eligibility Hours from different employers all count toward that total, so changing jobs mid-year doesn’t reset the clock. Employer size doesn’t affect your eligibility for benefits.
The program covers four categories of leave:2Washington State Legislature. RCW 50A.05.010 – Definitions
- Medical leave for your own serious health condition
- Family bonding leave during the first 12 months after birth, adoption, or foster placement
- Family caregiving leave for a family member with a serious health condition
- Military exigency leave for qualifying needs tied to a family member’s military service
Bereavement leave is also available for the seven calendar days following the death of a family member connected to a birth or bonding situation.2Washington State Legislature. RCW 50A.05.010 – Definitions
How Long You Can Take Off
The maximum depends on why you’re out:3Washington State Legislature. Chapter 50A.15 RCW – Benefits
- 12 weeks in a 52-week period for a family leave event or a medical leave event
- 16 weeks combined when you have more than one qualifying event in the same year, such as recovering from childbirth and then bonding with the baby
- 18 weeks if a pregnancy or childbirth results in a serious health condition causing incapacity, on top of bonding time
Your healthcare provider decides how much medical or caregiving leave is medically necessary. Bonding leave is a flat 12 weeks.4Washington State’s Paid Family and Medical Leave. How Paid Leave Works
How Much You’ll Receive
Your weekly benefit is based on wages reported by your employers. You can receive up to 90 percent of your average weekly pay, capped at $1,647 per week for claims filed on or after January 1, 2026.5Employment Security Department. Washington’s Average Wage Increased to $95,160 in 2024 That cap is tied to the state average weekly wage, which is $1,830 for 2026 calculations. Lower earners see a higher percentage of their wages replaced; higher earners see a lower percentage and hit the weekly maximum sooner.
Job Protection While You’re Out
Starting January 1, 2026, employers with 25 or more employees must return you to the same job or an equivalent one after approved leave.6Washington State’s Paid Family and Medical Leave. Job Protection Requirements for Employers The threshold drops to 15 employees in 2027 and 8 employees in 2028.7Washington State Legislature. RCW 50A.35.010 – Employment Protection You must have worked for the employer at least 180 calendar days before your leave starts.
An equivalent job means the same pay, benefits, and working conditions. Your employer also has to maintain your health insurance while you’re on leave as if you were still working.6Washington State’s Paid Family and Medical Leave. Job Protection Requirements for Employers
Two narrow exceptions apply. An employer can deny restoration to a salaried employee in the top 10 percent of earners within 75 miles of the workplace if bringing that person back would cause substantial economic harm, but only if the employer gave written notice during the leave. And an employer doesn’t have to restore a position that would have been eliminated regardless of the leave, such as during a layoff or at the end of a project-based role.6Washington State’s Paid Family and Medical Leave. Job Protection Requirements for Employers
How to Apply
Give your employer written notice at least 30 days ahead of a foreseeable leave. For unexpected events, tell them as soon as you can.8Washington State Paid Family and Medical Leave. Notifying Your Employer About Taking Leave
File your claim through a SecureAccess Washington account, which gives you access to the Employment Security Department’s online system. You’ll need your Social Security Number or ITIN, employment details from the past year, and a medical certification form completed by your healthcare provider that documents the condition and its expected duration. The certification needs enough detail to show the leave is necessary, but your provider does not have to disclose a specific diagnosis.9Washington State’s Paid Family and Medical Leave. Find Out How Paid Leave Works
One detail trips people up: the name on your application must match the name on your Social Security card exactly. Even small mismatches slow processing.
The Waiting Week
The first week of your claim is typically an unpaid waiting week. It still counts against your total leave, but no benefits are paid for it. Bonding leave, leave taken in the postnatal period, and military exigency leave skip the waiting week.9Washington State’s Paid Family and Medical Leave. Find Out How Paid Leave Works
Weekly Claims
Once approved, you have to log back in and file a weekly claim for every week you remain on leave. These filings confirm you’re still out and haven’t received conflicting benefits like workers’ compensation or unemployment. Miss a week and your payment gets delayed. Benefits come through direct deposit or a debit card.
If Your Claim Is Denied
You have 30 days from the date of the denial notification to appeal.10Washington State’s Paid Family and Medical Leave. Disputes and Appeals File by mail or fax with a letter that includes your name, claim ID or Social Security number, address, phone number, the decision you disagree with, your reasons, and your signature. The Employment Security Department forwards your appeal to the Office of Administrative Hearings, which schedules the hearing and sends you the date and time.
Don’t let the 30-day window close. Some people assume the first decision is final and walk away from benefits they could have received.
Taxes on Your Benefits
Washington has no state income tax, so benefits are not taxed at the state level. Federal taxes are a different matter. Family leave benefits paid by the state program are included in your federal gross income no matter who paid the premiums. The Employment Security Department issues a Form 1099-G for the amounts you received during the tax year.
Medical leave benefits are treated differently. IRS Notice 2026-6 extends a transition period through calendar year 2026 that relaxes withholding and reporting requirements for the employer-contribution portion of medical leave benefits.11Internal Revenue Service. Notice 2026-6 – Extension of Transition Period for State PFML Programs During that period, states and employers aren’t required to follow the third-party sick pay withholding and reporting rules for that portion. The state doesn’t withhold federal taxes from any Paid Leave payments, so you may want to plan for a tax bill or make estimated payments.
Paid Leave benefits are not treated as wages for Social Security and Medicare purposes, so you won’t owe FICA on them.
Retaliation Is Prohibited
Your employer cannot fire, demote, or penalize you for applying for or receiving Paid Leave benefits. If an employer interferes with your use of the program or retaliates against you, you can file a complaint directly with the Employment Security Department, which investigates and can order damages, including job restoration.10Washington State’s Paid Family and Medical Leave. Disputes and Appeals
This protection applies regardless of employer size. Even if your workplace is too small to owe you formal job restoration, it still cannot punish you for using the program.
How This Differs from Other Washington Leave Rights
Paid Family and Medical Leave is one of several overlapping protections, and it helps to know where the lines are.
Washington’s paid sick leave law is separate. Nearly every employer in the state must provide paid sick leave, and workers accrue at least one hour for every 40 hours worked, usable for your own or a family member’s illness, preventive care, certain public health closures, and absences under the Domestic Violence Leave Act.12Washington State Legislature. Washington Code 49.46.210 – Paid Sick Leave Sick leave is meant for shorter absences; the Paid Leave program is for the longer, qualifying events described above.
The Washington Family Care Act doesn’t create new leave. If your employer already offers vacation, personal, or sick time, you have the right to use it to care for a child with a health condition needing treatment or supervision, or a spouse, parent, parent-in-law, or grandparent with a serious or emergency health condition, even if company policy would otherwise limit that paid time to other uses.13Washington State Legislature. RCW 49.12.270 – Leave to Care for Family You still have to follow the employer’s normal request procedures.
The federal Family and Medical Leave Act runs alongside the state program but with stricter eligibility. FMLA covers employers with 50 or more employees within 75 miles, and you need 12 months of employment with at least 1,250 hours in that period.14U.S. Department of Labor. Family and Medical Leave Act When both laws apply to the same absence, employers can require them to run at the same time, meaning you draw pay from the state while your federal 12-week protection clock ticks.15U.S. Department of Labor. Fact Sheet 28 – The Family and Medical Leave Act If your employer is too small for FMLA but meets the state’s job protection threshold, you still have state-level protection.