Washington State Family Leave Act

The Washington State Family Medical Leave Law allows for 12 weeks of unpaid leave if you work for an employer of more the 50 employees. Washington state is unique in that it also has a separate Pregnancy Disability Leave Act which allows for job protection during the time your health care provider determines you are unable to work.

Use short term disability for pregnancy to provide partial pay during maternity leave, and in case you miss work prior to delivery due to pregnancy complications.

You will want to understand how both laws work - especially if you experience pregnancy complications.  What you will find on this page:

• Key Provisions
• Who is Covered
• Washington FMLA vs the Federal Act
• Affording all the time away from work
  
  

The Washington State Family Leave Act applies to a specific set of individuals:

• The employee must have worked at least 1,250 hours during the preceding 12 months, and have worked for at least 12 months for the employer - although these months need not be consecutive.

• The employee must give at least 30 days notice to take leave for the birth or placement of a child.

• Applies to employers with 50 or more employees for at least 20 workweeks annually within 75 miles of the employee's worksite.

Source: Washington State Department of Labor and Industries

The Family Medical Leave Act (FMLA) is a federal law, whereas the Washington Act applies to WA workers only.  For Washington families with pregnancy and maternity concerns your key question is:

What happens if I experience pregnancy complications and miss work before my delivery?

Your own incapacity due to pregnancy does not run concurrently with the Washington FLA.  The Washington Pregnancy Disability Leave provides job protection under these circumstances, which means you may have more job protected leave under the state law than under the federal law.  Follow these two examples:

• 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.
• 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.

This is different than federal law. Under federal law, any leave taken for a pregnancy related disability is part of FMLA. This means that you can only take 12 weeks of combined leave: whether for medical complications during pregnancy or to bond with your newborn baby.

Washington law does not provide for paid leave for all workers.  Nor does the state have any mandated short term disability coverage.

If you are planning a pregnancy consider purchasing short term disability insurance before getting pregnant.  Your benefit for normal delivery may greatly exceed the premium paid, helping to create maternity leave income and providing a financial cushion to allow you to bond with your baby without worrying about how to pay bills.