October 2, 2022

Volume XII, Number 275

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September 30, 2022

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September 29, 2022

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Amendment to Washington State Paid Family and Medical Leave Act’s Waiting Period Benefits Employees

The Washington Employment Security Department has amended the “waiting period” regulation, WAC 192-500-185, for certain employees who successfully apply to the state’s Paid Family and Medical Leave (PFML) Program.

Under Washington’s PFML, the “waiting period” falls during the first seven consecutive calendar days beginning with the Sunday of the first week that an eligible employee starts taking leave.  During the waiting period, an employee does not receive any pay but still uses one of their available weeks of leave.

Effective June 9, 2022, the waiting period will (a) no longer count against the employees’ benefit entitlement (of up to 18 weeks in some circumstances) and (b) no longer be required for birth parents requiring medical leave immediately following the birth of a child.  Employees who take leave for qualifying military events or to bond with a new child are already exempted from a waiting period.

These changes benefit employees by making their pay from the state consistent with the time off they receive under PFML. The amendment also coordinates with another recent change in the law that treats the first six weeks of post-natal leave as medical leave, rather than family leave, unless the employee chooses otherwise.

Jackson Lewis P.C. © 2022National Law Review, Volume XII, Number 152
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About this Author

Michael Griffin, Jackson Lewis, Leave Health Management coordinator, Labor Disability lawyer,
Principal and Office Litigation Manager

Michael A. Griffin is a Principal and Office Litigation Manager in the Seattle, Washington, office of Jackson Lewis P.C. He is also the Disability, Leave and Health Management coordinator for the Seattle, Washington, and Portland, Oregon, offices, and he is the Litigation Manager for the Seattle, Washingon, office.

Mr. Griffin has a broad area of practice and responsibility with the firm. He acts as lead counsel on all aspects of employment litigation, including defending discrimination, harassment, retaliation, and...

206-626-6416
Jonathan Minear, Employers Attorney, Wage and Hour Compliance Lawyer, Jackson Lewis Law Firm, Seattle
Associate

Jonathan M. Minear is an Associate in the Seattle, Washington, office of Jackson Lewis P.C. He focuses his practice on litigating workplace law matters and assisting employers with preventive advice and counsel.

Mr. Minear represents employers in state and federal courts in a broad range of matters, including harassment, discrimination, retaliation, employment torts, breach of contract, wage and hour compliance, and wrongful termination claims. He also appears before administrative agencies, such as the Equal Employment...

206-626-6432
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