Washington

Discussion

Washington: ESD Publishes New PFML Template Notices

As of January 1, 2026, HB 1213 expanded worker protections under Washington’s Paid Family and Medical Leave program and introduced new administrative requirements for employers. Among these changes, HB 1213 added new employer notice obligations, and the Washington Employment Security Department (ESD) has now published template notices that employers may use to satisfy these requirements. First, if an employee’s leave exceeds two full workweeks of continuous leave (or 14 days of combined intermittent leave), employers must provide at least five business days’ written notice of (1) the employee’s first scheduled workday back, and (2) the estimated expiration of the employee’s job-restoration period. The ESD has published a template Job Protection Rights notice that employers may use to meet these requirements. Second, employers subject to federal FMLA terms are now allowed, but not required, to apply employee time taken under FMLA towards current and future periods of allotted leave under the state’s PFML program.  In order to do this, employers will need to provide employees requesting leave with written notice (1) within five business days of the employee’s request for leave, and (2) on a monthly basis thereafter. The ESD has similarly published a template FMLA Impact on Paid Leave Job Protection notice that employers can use to meet these requirements. Employers should note that these template notices may need to be tailored to meet the employe’s specific circumstances.

 

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