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This content is for informational purposes only and is not intended to provide legal advice.
Parents and families enjoy Washington state employment laws that protect them in the event that their child becomes ill. They may also use this leave to bond with a newborn baby or an adopted child. Let’s learn more about these programs below:
The Family and Medical Leave Program
In Washington, you may qualify for the Family and Medical Leave Program to bond with a newborn baby or an adopted child. Stepchildren and foster children also qualify you for this program.
Eligibility
You will be eligible for the FMLP if you worked 820 hours over the past year. It covers full-time employees, but you can also qualify if you are a seasonal worker, a part-time worker or a temporary worker.
If you are eligible, you can have up to 12 weeks of paid leave every year. Some people can get this money for a total of 16 weeks. You may receive as much as 90% of your current weekly salary, but there is a cap of $1,000 for each week.
Ineligibility for the Program
Those ineligible for this program include the following:
- Union members subject to collective bargaining agreements
- Self-employed individuals who decide to opt out of the program
- Those employed by businesses located on tribal lands
- Federal workers
Paid Sick Leave
Paid sick leave is a program that is separate from the Family and Medical Leave Program described above. Employers must provide one hour of leave for every 40 hours worked, and they must allow their employees to carry over their paid leave from year to year if they accumulate more than 40 hours.
You can use paid sick leave to care for your sick child. It can also be used if your child’s school or daycare was closed by a public official for the sake of the children’s health.
If your employer requires that you give him or her reasonable notice before you take this sick leave, you must provide it. In addition to that, if your employer asks for documentation for the reason that you must take three consecutive days of sick leave, you must offer it. This documentation does not need to violate your right to privacy, and it must not place an undue burden upon you. Lastly, your employer is not allowed to require you to find a substitute to replace you to receive paid sick leave.
The Washington Family Care Act
Under the Washington Family Care Act, you can choose which paid leave program you want to use to take care of a child with a serious health condition. The options that you have include the following:
- Some short-term disability plans
- Compensatory time
- Personal holidays
- Paid time off
- Vacation
- Paid sick leave
The law states that you must receive leave under the Family Care Act if your child was exposed to the coronavirus and must be kept home from school or daycare. This applies even if your child is not currently exhibiting any symptoms of the illness.
You Are Entitled to Return to Your Job.
Under an expansion of the Family and Medical Leave Program, your employer may not fire you after your paid leave ends. This expansion will begin on January 1, 2026, if you meet the requirements. To qualify, you must have been working for your current employer for 180 days before you can take this leave.
The qualifications for the employer include the following:
- The employer must have 25 or more employees beginning on January 1, 2026 until December 31, 2026.
- The employer must have 15 or more employees beginning on January 1, 2027 until December 31, 2027.
- The employer must have eight or more employees beginning on January 1, 2028.
You may be eligible for job protection if you need to take this leave before January 1 of 2026 if you meet the eligibility criteria.
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