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January 28, 2026
In addition to this update, we previously posted about two other changes, effective January 1, 2026. See our article here about Washington’s strengthened Domestic Violence Leave Act protections, and see our article here about changes in minimum wage and their impact on overtime eligibility.
Effective January 1, 2026, Washington’s amendments to its Paid Family and Medical Leave Law expand the law in several significant ways. See 2025 Wa. HB 1213.
Employer and Employee Coverage
Employer coverage has been expanded to include employers with 25 or more employees (previously 50+ employees) and will further expand through January 1, 2028.[1] Employees now qualify for job-protected leave after 180 days of employment (previously, employees had to meet the qualifications of the federal Family and Medical Leave Act – one year of employment and 1,250 hours in the preceding 12 months of employment – before being eligible for coverage).
Additional Reasons for Leave and Reduced Leave Increments
Additional reasons for leave are covered, including unpaid leave and safety accommodations for victims of hate crimes and leave to care for additional family members (grandparents, grandchildren, and siblings). In addition, employees may take leave in increments as small as four hours (previously, the smallest increment was eight hours).
Workplace Posters
Washington’s Employment Security Department has released a 2026 workplace poster that includes additional required information about the leave law, including employees’ eligibility requirements, possible weekly benefits, application processes, employment protection rights, nondiscrimination rights, and other protections.
Leave Stacking
Employees may not stack leave under the FMLA and state law unless the employer permits it. If permitted, employers must provide written notice containing specific information within five business days of an FMLA request/use and then monthly thereafter during the remainder of the leave.
During Leave
During leave, employers must maintain an employee’s health insurance as it was before the leave. After 14 workdays of leave, employers must provide to the employee a written notice stating the date on which the employee’s job protection ends and their expected return-to-work date.
Returning from Leave
When employees return from leave, employers must restore them to the position they held before leave or to an equivalent position, meaning one with the same pay, benefits, and other employment terms and conditions.
Washington Employer Takeaways: Review and update your leave of absence policies and procedures (including your posters and notices), and train your human resources professionals and managers, to ensure compliance with the new law.
Effective January 1, 2026, Washington strengthened workplace safety standards for employees working in isolated environments in industries such as hospitality (hotels and motels); retail businesses; security guard companies, and property service contractors (e.g., janitorial and building services). See 2025 Wa. HB 1524. An “isolated employee” is one who spends 50% or more of their working hours alone, or works in a location or situation where immediate assistance from another employee or supervisor is not available without summoning help.
Employers in these impacted industries must implement and maintain safety measures, like panic buttons or emergency contact devices, to protect isolated employees.
The law also requires annual training for both isolated employees and their supervisors. This training must cover not only how to use panic buttons or emergency contact devices and what to do when help is summoned, but also prevention of sexual assault, sexual harassment, and workplace discrimination. In addition to training, employers must maintain sexual harassment policies and make employees aware of reporting procedures and available resources.
Employers should maintain records identifying the employees classified as isolated, how emergency devices are issued and maintained, and when required training has been completed.
Washington Employer Takeaways: This new law offers employers an opportunity to strengthen safe working conditions for workers who operate often on their own. Identify the roles that qualify as isolated, review and update your safety processes, and review and update your training and response plans.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, Washington, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
[1] Employers with 15 or more employees will be covered beginning January 1, 2027 and employers with eight or more employees will be covered beginning January 1, 2028.
