Maternity leave in Washington State provides 12 weeks of paid family leave through the Washington Paid Family and Medical Leave (PFML) programme, paying up to 90% of the employee’s weekly wages (up to the statutory maximum). The programme is funded through employee payroll deductions and covers all employers with 50 or more employees. For smaller employers, the programme is available but the employer may have additional obligations. Washington’s PFML is one of the most generous paid leave programmes in the US, with a high replacement rate and broad eligibility.

This guide covers the Washington State maternity leave system in 2026: the PFML benefit, eligibility requirements, how it interacts with the FMLA, employer obligations, and the application process.

Key takeaways

Washington PFML provides 12 weeks of paid leave at up to 90% of the employee’s weekly wages, capped at the statutory maximum.
The programme covers all employers with 50 or more employees and is available to smaller employers voluntarily.
PFML runs concurrently with the FMLA for eligible employees — the two do not stack.
The benefit is funded through employee payroll deductions of approximately 0.4% of wages.
Employees must have worked at least 820 hours in the qualifying period before the leave starts.

Washington Paid Family and Medical Leave

The Washington Paid Family and Medical Leave programme took effect on 1 January 2020 and provides:

Duration: Up to 12 weeks of combined family and medical leave per year.
Payment rate: Up to 90% of the employee’s weekly wages, calculated on a sliding scale based on income. Lower earners receive a higher percentage; higher earners receive a lower percentage, capped at the maximum weekly benefit.
Funding: Funded through employee payroll deductions of approximately 0.4% of wages. The employer does not fund the benefit directly.
Job protection: The programme provides job protection — the employee’s position (or a comparable position) must be available on return.

PFML eligibility

To qualify, the employee must:

Have worked at least 820 hours in the qualifying period (approximately 7-8 months of full-time work) before the leave starts.
Be employed by a covered employer (50+ employees, or smaller employers who voluntarily participate).

The 820-hour threshold is lower than FMLA’s 1,250-hour requirement, making PFML accessible to employees who may not qualify for FMLA.

What PFML covers

PFML covers both family leave (bonding with a new child) and medical leave (the employee’s own serious health condition). For maternity leave, the relevant component is family leave for bonding with a new child born or adopted during the year.

The leave can be taken:

As a continuous 12-week period.
Intermittently in increments of at least one hour, within the 12-week allowance.
As a reduced schedule (at least 8 hours per week less than the regular schedule).

How PFML interacts with the FMLA

For employees eligible for both PFML and FMLA, the two leaves run concurrently. Key points:

FMLA eligibility requires 12 months of service, 1,250 hours worked, and employment at a worksite with 50+ employees within 75 miles.
PFML eligibility requires 820 hours of work in the qualifying period.
An employee who qualifies for PFML but not FMLA still receives 12 weeks of paid, job-protected leave.
An employee who qualifies for FMLA but not PFML has 12 weeks of unpaid, job-protected leave under FMLA.

The concurrent nature means the employee does not get 12 weeks of FMLA plus 12 weeks of PFML. They get 12 weeks that satisfy both laws, with PFML providing the income.

Employer obligations

Washington employers must comply with several requirements:

PFML contributions: The employer must deduct the PFML premium from employee paychecks and remit it to the Washington State Employment Security Department (ESD).
Small employer threshold: Employers with fewer than 50 employees are not required to participate but may elect to do so. If they do not participate, their employees can still access PFML, but the employer has no job protection obligation beyond what other laws require.
Job protection: For covered employers, the employee’s position must be available on return.
No adverse action: Dismissing an employee for taking PFML leave is prohibited.
Notice requirements: The employer must provide employees with information about their PFML rights.
Benefits continuation: The employer must maintain group health insurance during the leave.

Small employer exemption

Employers with fewer than 50 employees are not required to participate in PFML. However, if a small employer’s employee takes PFML, the employee is still entitled to the benefit — the employer simply has no obligation to provide job protection beyond what other laws (such as the FMLA, if applicable) require.

Small employers may also be eligible for reimbursement for a portion of the cost of temporary help to replace the employee on leave.

Calculating your combined entitlement

Scenario: Maya is a software engineer in Seattle. She has been with her employer for 18 months and earns $85,000 per year ($1,634/week).

Component	Duration	Payment
Washington PFML	12 weeks	Up to 90% of wages (sliding scale)
FMLA (if eligible)	12 weeks	Unpaid (concurrent with PFML)
Total job-protected leave	12 weeks (concurrent)	Up to 90% of wages

Maya’s 90% benefit would be approximately $1,471/week (before the cap), significantly higher than most other state programmes. The sliding scale means lower earners may receive closer to the full 90%, while higher earners receive a lower percentage.

The application process

The PFML claim process:

Notify the employer of the intended leave date (at least 30 days’ notice when possible).
File a PFML claim with the Washington State Employment Security Department (ESD) online or by phone.
Provide supporting documentation: Proof of birth or adoption, employment history, and the employer’s payroll information.
ESD processes the claim and determines the benefit amount.
ESD pays the employee directly on a biweekly basis.
The employer records the leave in the payroll system and continues health insurance during the leave period.

The employer should coordinate with ED to ensure the employee’s hours and wages are accurately reported, as this affects the benefit calculation.

Common pitfalls for Washington employers

1. Not remitting PFML premiums

The employer must deduct and remit the PFML premium from employee paychecks. Failing to do so may result in penalties and interest from ESD.

2. Confusing the small employer exemption with no obligation

Small employers (under 50 employees) are not required to participate in PFML, but their employees can still claim the benefit. The employer must still comply with any applicable FMLA or state law requirements.

3. Requiring the employee to exhaust vacation before PFML

The employer cannot require the employee to use vacation before taking PFML. The two are separate entitlements.

4. Not maintaining health insurance during leave

The employer must maintain group health insurance during PFML leave on the same terms as if the employee had continued working.

For more Washington State leave context, see our guide to annual leave entitlements in Washington State and the overview of the main types of leave employers manage.

Frequently asked questions

How long is maternity leave in Washington State?

Washington provides 12 weeks of paid family leave through the PFML programme, which runs concurrently with the 12 weeks of FMLA leave for eligible employees. The total job-protected leave period is 12 weeks.

Is maternity leave paid in Washington State?

Yes. PFML provides up to 90% of the employee’s weekly wages (up to the statutory maximum) for 12 weeks. The benefit is funded through employee payroll deductions.

Can my employer refuse my PFML leave request?

If you are PFML-eligible, the employer cannot refuse the leave. The employer must also deduct and remit PFML premiums and facilitate the claim process.

Does my health insurance continue during PFML?

Yes. The employer must maintain group health insurance during PFML leave on the same terms as if the employee had continued working.

What is the PFML premium rate?

The premium rate is set annually by ESD and is approximately 0.4% of the employee’s wages, deducted from each paycheck. The employer is responsible for collecting and remitting the premium.

Putting it into practice

Five steps cover most Washington State maternity leave compliance:

Confirm the employee has 820+ hours of work in the qualifying period for PFML eligibility.
Deduct and remit the PFML premium from employee paychecks to ESD.
Coordinate with ESD to ensure accurate reporting of the employee’s hours and wages.
Continue group health insurance during the PFML leave period.
Hold the employee’s position open (or comparable) for the full 12-week PFML period.

You can take advantage of the free 14 days trial and explore Leave Balance.

A leave management system that tracks PFML eligibility based on hours worked, automates premium deductions, and coordinates with ESD for claim processing keeps Washington employers compliant without manual spreadsheet tracking.

Sources

This article is general information, not legal advice. Washington PFML benefit rates and eligibility criteria change annually — confirm current figures with the Washington State Employment Security Department.

Maternity Leave in Washington State: 12 Weeks of Paid Family and Medical Leave