New Amendments to the Washington Paid Family and Medical Leave Act

Washington State has once again amended the Paid Family and Medical Leave Act (“PFML”).  The amended RCW 50A.25 is effective June 9, 2022.  PFML provides paid time off for an employee’s own serious health condition, or to care for a family member, for bonding purposes in the event of the birth or placement of a child, or in relation to a family member’s military service.  The PFML statute was enacted in _____ and has been revised multiple times since then.  Effective last year, the Act was amended to expand the definition of “family member.”  The latest modifications to the PFML Act include the addition of bereavement leave related to specified family members, a requirement that the postnatal period be designated as medical leave, and an end to the collective bargaining agreement (“CBA”) exception. 

The following is a brief description of three of the changes to the PFML Act:

• Bereavement Leave in certain instances:  The PFML statute will provide leave benefits during the seven calendar days following the death of a family member 1) for whom the employee otherwise could have received medical leave related to the birth; or 2) for whom the employee otherwise could have received bonding leave benefits.  In other words, the bereavement benefits will only be available in instances involving the death of a child born to the employee or placed with the employee.    
• Postnatal Leave Presumption:  As amended, ESD will automatically designate the first six weeks following the birth of a child (the “postnatal period”) as medical leave (so long as medical leave benefits are available), unless the employee chooses to use family leave.  The employee will not be required to provide certification of a serious health condition to substantiate the medical leave designation for the postnatal period.
• End of the CBA Exemption:  CBAs in existence on October 19, 2017, have been exempt from the provisions of the PFML Act; however, that exemption is now set to expire on December 31, 2023.  Accordingly, any CBAs which have not already been renegotiated or expired must incorporate the rights and responsibilities of the Act.  

The amendments also include administrative changes such as asking employee applicants whether their medical leave is related to COVID-19 and publishing a list of all employers with voluntary plans on the ESD website, among others.   

A full copy of the amended law can be found here.