Family Leave - Wash. Rev. Code § Sec. 49.78

Covered Employers: Employers who employ fifty or more employees for each working day during each of twenty or more calendar workweeks in the current or preceding calendar year. (Same as FMLA).

Employee Eligibility: Persons employed by employer for at least 12 months (need not be consecutive) and worked at least 1,250 hours in the past 12 months. (Same as FMLA)

Entitlement: An employee is entitled to a total of twelve workweeks of leave during any twelve-month period for one or more of the following:

(a) Because of the birth of a child of the employee and in order to care for the child after the pregnancy disability is over

(b) Because of the placement of a child with the employee for adoption or foster care;

(c) In order to care for a family member of the employee, if the family member has a serious health condition; or

(d) Because of a serious health condition that makes the employee unable to perform the functions of the position of the employee.

The entitlement to leave for the birth or placement of a child expires at the end of the twelve-month period beginning on the date of such birth or placement. Leave may be taken intermittently or on a reduced leave schedule when medically necessary for medical treatment of a serious health condition by or under the supervision of a health care provider, or for recovery from treatment or recovery from a serious health condition. It may also be taken to provide care or psychological comfort to an immediate family member with a serious health condition. Intermittent leave may be taken for a serious health condition that requires treatment by a health care provider periodically, rather than for one continuous period of time, and may include leave of periods from an hour or more to several weeks.
If spouses entitled to leave under this chapter are employed by the same employer, the aggregate number of workweeks of leave to which both may be entitled may be limited to twelve workweeks during any twelve-month period, if such leave is taken: (1) For the birth or placement of a child; or (2) for a parent's serious health condition.

Coverage: Same as FMLA but also includes domestic partners.

Benefits: Unlike the federal FMLA the state FLA does not require employers to maintain medical benefits while on leave. During any period of family leave, if the employee is not eligible for any employer contribution to medical or dental benefits under an applicable collective bargaining agreement or employer policy, an employer shall allow the employee to continue medical or dental insurance coverage, including any spouse and dependent coverage, at the employee's expense.

Reinstatement: Employee returning from leave must be returned to the same position held when the leave commenced or to a position with equivalent benefits and pay at a workplace within 20 miles.

Paid?: No.

Employee Notice Required: If the necessity for leave for the birth or placement of a child is foreseeable based on an expected birth or placement, the employee shall provide the employer with not less than thirty days' notice, before the date the leave is to begin, of the employee's intention to take leave for the birth or placement of a child, except that if the date of the birth or placement requires leave to begin in less than thirty days, the employee shall provide such notice as is practicable. If the necessity for leave for a family member's serious health condition or the employee's serious health condition is foreseeable based on planned medical treatment, the employee: (a) Must make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider of the employee or the health care provider of the family member, as appropriate; and (b) Must provide the employer with not less than thirty days' notice, before the date the leave is to begin, of the employee's intention to take leave for a family member's serious health condition or the employee's serious health condition, except that if the date of the treatment requires leave to begin in less than thirty days, the employee must provide such notice as is practicable.

Employer Notice Required: General: Employers must display a poster from the Department of Labor and Industries regarding right to leave in a conspicuous place. Specific: There are no specific notice requirements.

Relationship with Other Laws: Leave under this section and leave under the federal family and medical leave act of 1993 is in addition to any leave for sickness or temporary disability because of pregnancy or childbirth.

Absence Specifications