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Washington Family Leave
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Washington State Family Leave Act

Grand Coulee Dam - Washington StateThe Washington State Family Medical Leave Act (Washington FMLA) is one of two maternity related regulations that provide job protection benefits for certain workers taking leave for specified circumstances. The other law is a federal regulation: Family Medical Leave Act (FMLA).

The two laws sometimes overlap, and sometimes provide supplemental protections: cover more employees, or lengthen the amount of time away from work. The Washington FMLA provides extra time for pregnant women, and expands benefits for domestic partners. What you will find on this page:

  • Washington FMLA vs the Federal Act
  • Family Leave and Pregnancy Disability
  • WA Paid Family Leave Insurance Options
Applying for Maternity Leave PayWoman applying lotion on her daughter's shoulderWomen in WA State with the foresight to purchase a private plan prior to conception get a fantastic reward: an easy way to apply for income replacement payments after her normal childbirth. See how easy it is to file your claim, and get your check in the mail.
Short Term Disability for Maternity LeaveWomen at maternity leave partyWA couples frequently take advantage of family medical leave protections after mom delivers her baby. Sometimes she may experience complications during her pregnancy, and may need bed rest, or she is just unable to perform her normal job duties. Either way, she may need extended time away from work prior to delivery. Make sure you have income coming in during this time. Purchase a policy before getting pregnant.

Washington FMLA and Pregnancy Disability

Pregnant women experiencing complications, or other medical issues find additional leave time under Washington FMLA which extends job protection benefits for women based upon employer characteristics:
  • 8 or more employees - pregnant women qualify for extended leave
  • Non profit and religious organizations - exempt from requirement
  • 50 or more employees - covered under the federal law (FMLA) but 12 weeks of baby bonding time remain:
  1. You have a normal pregnancy and take six weeks of pregnancy disability for your maternity leave. The Washington FLA will provide an additional 12 weeks for you to then bond with your baby - a total of 18 weeks.
  2. You experience pregnancy complications and take 6 weeks of leave before your delivery. After taking 6 weeks to recover from your delivery, the Washington FLA provides an additional 12 weeks to bond with your baby - a total of 24 weeks.

Washington Paid Family Leave Insurance

Washington State does not provide directly for paid family leave insurance. The state legislature passed the Family and Medical Leave Insurance Program in 2007, but has delayed funding the program until 2013 at the earliest. In the interim there are several ways to indirectly receive paid leave benefits through state regulations, and use of private coverage.

The Washington State Family Care Act allows workers to use accumulated sick days and other paid time off benefits while caring for sick child with a routine illness. If your child is born prematurely, or requires specialized care for a medical condition, it is possible that you could use these paid time benefits to make your family leave more affordable.

Washington State also has taken advantage of Unemployment Modernization Incentives from the federal government that allows workers to utilize unemployment benefits for a good cause. The illness or disability of a family member is considered a good cause.

Both of these paid leave options may work when mom is taking care of her infant. But what about the time she misses work for her own disability? Short term disability insurance is the best way to address this paid leave requirement. Hospital indemnity insurance pays additional benefits directly to the insured when an infant(s) required specialized care in the hospital after birth. Purchase your policies before getting pregnant.
Federal FMLA for Pregnancypink baby crib The Washington State Family Leave Act is designed around it's federal counterpart. The two regulations work in tandem on many occasions. Make sure you understand how both regulations are designed.

Washington State vs Federal FMLA

Both the Washington State and Federal FMLA have identical qualifying criteria: number of hours worked, notice requirements, and employer size criteria. Both regulations provide for 12 weeks of unpaid job protected leave. So what are the differences? There are three things that differ between the state and federal regulations:
  1. Certified domestic partners are covered by the Washington State act, but not the federal
  2. Pregnant women working for qualifying employers may have extended leave time
  3. Workers covered under the WA law only must may lose the employer subsidy of health insurance premiums. Only the federal regulation requires employers to continue health benefits on the same basis as a working employee.
Source: Washington State Dept of Labor and Industries
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