FMLA and Washington Paid Family and Medical Leave: What employees should know
- Christopher Stockwell
- 23 hours ago
- 5 min read
Most employees don’t start researching leave laws until they’re already under stress. You may be dealing with a serious health issue, welcoming a new child, or caring for a family member—while HR starts using acronyms like FMLA and PFML and expects you to keep up.
In Washington, two laws usually come into play in these moments: the federal Family and Medical Leave Act (FMLA) and Washington Paid Family and Medical Leave (PFML). They sound similar, but they serve different purposes. As of January 1, Washington’s PFML protections have expanded, making it even more important for employees to understand how these laws work—both separately and together.
One protects your job, the other pays you
At a high level, the distinction is this: FMLA is primarily focused on job protection, while Washington PFML is primarily designed to replace income during leave and may also provide job protection in certain situations.
Many Washington employees qualify for both. When coordinated correctly, FMLA can protect your job while PFML replaces part of your income during the same period of leave.
What FMLA does
FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period.
If you qualify, your employer must hold your job (or an equivalent position) and continue your health insurance while you’re out. FMLA can be used for your own serious health condition, caring for a spouse, parent, or child, bonding with a new child, or certain military-related needs.
FMLA can also be taken intermittently, meaning in smaller blocks of time rather than all at once. This is common for ongoing treatment, chronic conditions, or reduced work schedules. Intermittent leave must generally be medically necessary, and employers may request medical certification.
Not every employee qualifies for FMLA. Eligibility depends on employer size, length of employment, and hours worked.
What Washington Paid Family and Medical Leave does
Washington’s Paid Family and Medical Leave is a state-run program that provides partial wage replacement while you’re on leave.
You may qualify if you’ve worked at least 820 hours in Washington during the qualifying period, even if those hours were spread across multiple employers. Unlike FMLA, PFML eligibility for paid benefits is not based on employer size.
Depending on the situation, PFML provides up to 12 weeks of paid leave, up to 16 weeks total if you qualify for both family and medical leave, and up to 18 weeks for pregnancy-related medical complications.
PFML benefits are approved and paid by the Washington Employment Security Department, not your employer.
PFML can also be used intermittently. As of January 1, employees may use PFML in smaller increments than in prior years, making it easier to take paid leave for ongoing or episodic medical needs.
Job protection under PFML
As of January 1, 2026, Washington’s Paid Family and Medical Leave provides broader job protection than it did in the past, but it is still not an automatic guarantee for every employee.
As of January 1, Washington law expanded job-protection rights under PFML. This means more employees—particularly those working for smaller employers—may now have the right to return to their jobs after taking paid leave, reducing gaps that previously left some workers vulnerable.
At the same time, job protection under PFML still depends on specific factors, including employer size, length of employment, and hours worked. Unlike FMLA, PFML does not automatically protect every employee’s job simply because they qualify for paid benefits.
The practical takeaway is this: PFML now protects more workers than before, but not all workers. Determining whether your job is protected requires a careful look at your specific circumstances.
Notice still matters
Both FMLA and PFML require employees to give notice when possible.
If your need for leave is foreseeable, you’re generally expected to provide 30 days’ notice. If it isn’t foreseeable, notice must be given as soon as practicable.
Employers may request medical certification for FMLA. PFML requires a separate application through the state, and employers do not approve or deny PFML benefits.
Where problems commonly arise
Even with strong laws in place, leave-related disputes are common. We often see employees discouraged from taking leave, told they don’t qualify without a clear explanation, denied intermittent schedules, or treated differently after returning.
Leave issues also frequently overlap with disability-related concerns, including failure to accommodate medical conditions or retaliation after an employee asserts their rights.
When leave turns into a legal issue
FMLA and Washington Paid Family and Medical Leave are designed to protect employees during some of the most difficult moments of their lives. As of January 1, Washington workers have stronger protections than ever—but those protections are not automatic, and mistakes by employers remain common.
At Stockwell Law Firm, we regularly represent employees in wrongful termination cases involving FMLA and Washington Paid Family and Medical Leave. These claims often overlap with disability discrimination, failure to accommodate, or retaliation after an employee takes protected leave. If your job ended—or your employer began pushing you out—after you requested or took leave, we can help you understand whether your rights were violated and what options may be available.
FAQ: FMLA and Washington Paid Family and Medical Leave
Can I use FMLA and Washington PFML at the same time? Yes. Many employees use PFML to receive paid benefits while their FMLA leave provides job protection. When both apply, the leaves often run at the same time.
Does Washington PFML protect my job? Sometimes. As of January 1, PFML provides job protection in more situations than it did in the past, but protection is not automatic for everyone. Whether your job is protected depends on factors like employer size, how long you’ve worked there, and how many hours you’ve worked.
Is FMLA different from PFML when it comes to job protection? Yes. FMLA is specifically designed to protect your job if you qualify. PFML is primarily a paid leave program and only provides job protection under certain conditions.
Can my employer deny my PFML benefits? No. PFML benefits are approved and paid by the Washington Employment Security Department. Your employer does not get to decide whether you receive PFML pay.
What does “intermittent leave” mean? Intermittent leave allows you to take leave in smaller blocks of time instead of all at once—such as reduced hours or periodic days off for medical treatment. Both FMLA and PFML allow intermittent leave, and as of January 1, PFML can be taken in smaller increments than in prior years.
What if my employer says I don’t qualify for leave? Eligibility rules for FMLA and PFML are different. Even if you don’t qualify for FMLA, you may still qualify for paid leave under PFML. Conflicting or unclear explanations from an employer are a common source of legal issues.
Can I be fired for taking FMLA or PFML? If your leave is legally protected, firing you because you took leave may be unlawful. Many wrongful termination claims arise after an employee requests or takes leave, particularly when leave overlaps with a medical condition or disability.
