Washington State Pregnancy Disability Leave Act

The Washington State Pregnancy Disability Act allows for unpaid job protection during the time your health care provider determines you are unable to work.  

The law works in conjunction with the Washington State Family Leave Act and the Federal Act (FMLA).  You will want to understand how each law works - especially if you experience pregnancy complications and miss significant time from work. 

But can you afford the lost income?  Short term disability for pregnancy can replace a portion of your income should you miss significant time from work.  What you will find on this page:

• Key Provisions
• Pregnancy Complications - see how three laws work together
• Washington Pregnancy Leave
• Washington Family Leave
• Federal FMLA
  
  

The Washington State Pregnancy Disability Leave Act applies to a specific set of individuals based upon characteristics of your employer:

* Fewer the 8 employees - there is no protected leave
* Non profit and religious organizations - there is no protected leave
* 50 or more employees - the Washington laws provide more protected leave than the federal law (FMLA)

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.

The Washington Pregnancy Disability Leave Act provides for unpaid leave. Washington law does not provide for paid leave for 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.